HomeMy WebLinkAbout13-6440 FARLES\Clients \11527 CCED \11527.3 Handmade Food \I 1527.3.com.conf1.wpd
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 . IL ° ;4-1€ `.
MARTSON LAW OFFICES
X
10 East High Street ZR13
Carlisle,
PA 17013 ` C ;s #
(717) 243- 3341��
Attorneys for Plaintiff �Y .VA
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 - G `/ 4/6 CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Promissory Note and Guaranty attached as Exhibits
"A" and "B" to the Complaint filed in the above - captioned case, we appear for Defendants
Handmade Food, LLC, Charles Patrick Andrews, Charles W. Andrews, and Dorothy B. Andrews
and confess judgment in favor of Cumberland Area Economic Development Corporation against
Handmade Food, LLC, Charles Patrick Andrews, Charles W. Andrews, and Dorothy B. Andrews
as of October 31, 2013, as follows:
Principal $11,041.30
Late Fees $ 579.80
Interest (through 10/31/2013) $ 563.69
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 2,000.00
Total: $14,684.79*
*Plus interest per diem at $1.90, along with additional costs and fees incurred, until
paid in full.
Respectfully submitted:
MARTSON LAW OFFICES
lQ, -y By: -�
Seth Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
T _
* E� C D - G 'F r I C E
Seth T. Mosebey, Esquire ` F THE PROT HONOTAR Y
Attorney I.D. No. 203046 NOV _ t
MARTSON LAW OFFICES
10 East High Street C UMBERLAND COUNTY Carlisle, PA 17013
(717) 243 -3341 PENNSYLVANIA
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
:NO. 2013 - CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
COMPLAINT FOR CONFESSION OF JUDGMENT
Cumberland Area Economic Development Corporation, by and through its undersigned
j counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951
et seq., and in support thereof, avers the following:
1. Cumberland Area Economic Development Corporation ( "Plaintiff') is a Pennsylvania
corporation located at 53 West South Street, Carlisle, Pennsylvania 17013.
2. Defendant Handmade Food, LLC, is a Pennsylvania limited liability company with
a last known address of 412 Lincoln Street, Carlisle, Pennsylvania 17013.
3. Defendant Charles Patrick Andrews is an adult individual with a last known address
of 412 Lincoln Street, Carlisle, Pennsylvania 17013.
4. Defendant Charles W. Andrews is an adult individual with a last known address of
10 North Hanover Street, Carlisle, Pennsylvania 17013.
5. Defendant Dorothy B. Andrews is an adult individual with a last known address of
324 West South Street, Carlisle, Pennsylvania 17013.
6. On February 8, 2010, Defendant Handmade Food, LLC, executed various loan
documents, including a Promissory Note ( "Note ") in the principal amount of $20,000.00, in favor of
Plaintiff and, among other things, agreed to make monthly payments of $386.56, with the entire
remaining principal balance and any outstanding interest due on or before February 7, 2015. A true
and correct copy of the Note is attached hereto and incorporated herein as Exhibit "A."
7. On February 8, 2010, Defendants Charles Patrick Andrews, Charles W. Andrews and
Dorothy B. Andrews each executed a Guaranty and Surety Agreement and agreed to, among other
things, guarantee full payment and satisfaction of all of Defendant Handmade Food, LLC's
indebtedness to Plaintiff (collectively, the "Guaranty "). True and correct copies of the Guaranty and
Surety Agreements are attached hereto as .Exhibit `B" and is incorporated herein by reference.
8. In consideration for the Note, Defendant Charles W. Andrews executed a Mortgage
in favor of Plaintiff encumbering the real property located at 10 -12 North Hanover Street, Carlisle,
Pennsylvania. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and is
incorporated herein by reference.
9. Defendant Handmade Food, LLC, has defaulted under the Note, by and including,
but not limited to, failing to make payments as required under the Note (the "Events of Default ").
10. The Note and Guaranty provide that Plaintiff, after any of the Events of Default have
occurred, may confess judgment against Defendants for all sums due and owing thereunder.
11. The total sum due and owing under the Note as of October 31, 2013, is itemized as
follows:
Principal $11,041.30
Late Fees $ 579.80
Interest (through 10/31/2013) $ 563.69
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 2,000.00
Total: $14,684.79*
*Plus interest per diem at $1.90, along with additional costs and fees incurred, until
paid in full.
12. All conditions precedent have been satisfied to allow Plaintiff to confess judgment
against Defendants under the Note and Guaranty.
13. Judgment has not been confessed against Defendants in any other jurisdiction under
13. Judgment has not been confessed against Defendants in any other jurisdiction under
the Note or Guaranty.
14. Plaintiff is the holder of the Note and Guaranty.
15. The Note and Guaranty were executed and delivered in connection with a commercial
transaction, and judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
16. The Note and Guaranty have not been assigned.
WHEREFORE, Cumberland Area Economic Development Corporation requests that this
Court enter judgment by confession against Handmade Food, LLC, Charles Patrick Andrews,
Charles W. Andrews, and Dorothy B. Andrews in the amount of $14,684.79, along with interest
accruing at the per diem rate of $1.90, and additional fees and costs as prayed for in the Complaint.
Respectfully submitted,
MARTSON LAW OFFICES
By:. 3'
Seth Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Date: 1 i /) I13 Attorneys for Plaintiff
EXHIBIT "A"
NOTE
Dated: February 8, 2010 $20,000.00
FOR VALUE RECEIVED, the undersigned HANDMADE FOOD, LLC, a
Pennsylvania limited liability company, with an address of 324 West South Street,
Carlisle, Pennsylvania (the "Maker "), irrevocably promises to pay to the order of the
CUMBERLAND AREA ECONOMIC DEVELOPMENT CORPORATION, with its
principal place of business at 401 E. Louther Street, Suite 209, Carlisle, Cumberland
County, Pennsylvania 17013 (the "Corporation "), the principal sum of Twenty Thousand
and 00/100 Dollars ($20,000.00) (the "Loan "), or so much thereof as will be disbursed to
the Maker pursuant to the terms of the Loan Agreement between the Corporation and
the Maker dated the same date as this Note (the "Loan Agreement "), upon the terms as
set forth herein and the Loan Agreement, for working capital to start a restaurant known
as The Green Room. This Note is being executed in Cumberland County,
Pennsylvania.
This note bears a 5.99% rate of interest amortized over a term of sixty months
(60) months. Beginning on the 8 th day of March 2010, and continuing monthly
thereafter on the 8 h day of each and every month, payments of $386.56 shall be due
followed by the entire principal balance, plus any outstanding interest and other
charges, if any, being due February 7, 2015 ( "Maturity Date ").
The Maker may prepay the principal without penalty prior to the Maturity Date.
This Note is executed and delivered pursuant to the Loan Agreement, and is subject to
all the terms and conditions thereof. This Note is entitled to the security provided for in
the Loan Agreement, including a Mortgage, against the real property located at 10 North
Hanover Street, Carlisle, Pennsylvania, a Security Agreement, and the Personal
Guaranties of Charles P. Andrews, Charles W. Andrews, and Dorothy B. Andrews.
(hereinafter the Note, Loan Agreement, Mortgage, Security Agreement, and Personal
Guaranty are referred to as the "Loan Documents ").
Payments not received five (5) days after they are due, will be assessed a late fee in an
amount equal to the greater of fifteen percent (15 %) of the monthly payment or Twenty -
Five Dollars ($25). A non - sufficient funds (NSF) payment will be charged a penalty of
Twenty -Five Dollars ($25) plus the late fee.
THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS:
1. All the terms, covenants, conditions and provisions of the Loan Documents are
incorporated herein by reference and are made a part hereof, and any breach or
violation thereof will constitute a breach or violation of this Note.
2. Event of Default. It shall be an Event of Default under this Note if there is an
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Event of Default under the Loan Documents. Upon the occurrence of an Event of
Default, the Corporation at its option may declare that the whole unpaid balance of the
principal indebtedness, together with interest and all other sums due hereunder or
required to be paid to the Corporation thereunder, is due and payable immediately
without notice to the Maker.
3. Confession of Judgment. THE FOLLOWING PARAGRAPH SETS FORTH A
WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT
AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO
CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY
KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF
THE SEPARATE COUNSEL OF THE MAKER, UNCONDITIONALLY WAIVES ANY
AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN
OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND
LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF
PENNSYLVANIA.
Upon the occurrence of an Event of Default under this Note (of which an affidavit
on behalf of the Corporation will be sufficient evidence), the Maker hereby
irrevocably authorizes and empowers any attorney of any court of record in the
Commonwealth of Pennsylvania, or elsewhere, to appear for and to enter and
confess judgment against the Maker, at any time or times and as of any term, for
the principal sum above mentioned, with or without declaration, with interest and
costs of suit, without stay of execution, and with reasonable attorney's fees. The
Maker agrees that any of their property may be levied upon to collect said
judgment and may be sold upon a writ of execution, and hereby waives and
releases all laws, now or hereafter in force, relating to exemption, appraisement
or stay of execution. The authority hereby granted to confess judgment will not
be exhausted by any exercise thereof, but will continue from time to time and at
all times until the Maker has performed all of the other provisions hereof or of the
Loan Documents to be performed by the Maker.
4. Successors and Assigns; Transfer. All of the covenants herein contained will
accrue to the benefit of the successors and assigns, voluntary or involuntary, of the
Corporation. The Maker shall not be permitted to transfer or assign this Note without
the prior written permission of the Corporation.
5. Joint and Several. If there is more than one Borrower, each of them shall be
jointly and severally liable for all amounts and obligations which become due under this
Note and the term "Borrower" shall include each as well as all of them.
6. Waiver. The Maker hereby waives the technical requirements of demand, grace,
presentment for payment, protest, notice of dishonor or nonpayment and notice of the
exercise of any option hereunder, except as notice and grace are specifically provided
for in this Note or the Loan Agreement. Maker hereby waives the right to a jury trial
in connection with this Note or any actions that.may arise hereunder.
2
c
7. The remedies provided in this Note and the Loan Documents or otherwise
available to the Corporation for the enforcement of the payment of the principal sum and
the performance of the covenants, conditions, and agreements, matters and things
herein and therein contained are cumulative and concurrent and the Corporation at its
sole discretion may pursue them singly or successively or together and the Corporation
may exercise them from time to time as often as occasion occurs until the Corporation
has been paid all sums due in full.
8. Governing law; Jurisdiction. Maker agrees that this Note has been executed
in Cumberland County, Pennsylvania, and that such location shall be the exclusive
jurisdiction for any action that arises under this Note. Further, any actions hereunder
shall be governed by the law of Pennsylvania.
9. Severability. The terms and provisions of this Note are severable. This means
that if any of the terms, covenants, conditions or provisions of this Note are
unenforceable or invalid under federal, state or other applicable law, such
unenforceability or invalidity will not make any other of the terms, covenants, conditions
or provisions hereof unenforceable or invalid. If law prohibits any waiver by Maker in
this Note, including but not limited to the waiver of exemption from execution, such
waiver will be and be deemed to be deleted herefrom.
IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused
this Note to be duly executed, the day and year first above written.
ATTEST: Handmade Food, LLC, a Pennsylvania limited
liability company
Print Name: 4AaRA_�yZl�i, ► i
Print Title: 4C-Lk('z
EXHIBIT "B"
GUARANTY AND SURETY AGREEMENT
THIS GUARANTY AND SURETYSHIP AGREEMENT is being made on this 8' day of
February, 2010, by Charles P. Andrews, an adult individual, of Cumberland County, Pennsylvania
(the "Guarantor ") to the Cumberland Area Economic Development Corporation, with an address
at 401 E. Louther Street, Suite 209, Carlisle, PA 17013 (the "Corporation ").
BACKGROUND OF AGREEMENT
A. Handmade Food, LLC, (the "Borrower ") has entered into a Loan Agreement with the
Corporation dated today's date (the "Loan Agreement ") for a loan from the Corporation to the
Borrower in the principal amount of $20,000.00 (the "Loan ").
B. The Loan and the obligations of the Borrower to repay the Loan with interest are
contained in a Note from the Borrower to the Corporation dated today's date (the "Note "). The Loan
Agreement and the Note are sometimes collectively called the "Borrower's Agreements."
C. The proceeds of the Loan will be used by the Borrower towards working capital of a
restaurant known as the Green Room located at 36 West High Street, Carlisle, Cumberland County,
Pennsylvania (the "Premises ") for the Borrower's mechanical services business (the "Project ").
D. The Corporation would not make the Loan without this Guaranty from the Guarantor.
The Loan and the Project will benefit the Guarantor because of the Guarantor ownership interests
in the Borrower.
NOW, THEREFORE, in order to induce the Corporation to make the Loan to the Borrower to
the Borrower, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the Guarantor does hereby agree as follows:
1. Unconditional Guaranty of Payment and Performance The Guarantor absolutely and
unconditionally promise and guarantee to the Corporation the due and punctual payment and full
and faithful performance of all amounts and obligations required to be paid or performed by the
Borrower pursuant to the Borrower's Agreements when and as the same shall become due and
payable or subject to performance, whether at maturity, by acceleration or otherwise according to
the terms of the Borrower's Agreements.
2. Guaranty Not Affected The Guarantor agree that neither an assignment nor a sale
of the Project will have any affect on the obligations assumed and guaranteed by the Guarantor,
which shall continue with the same force and effect as if the assignment or sale had not been made.
The Guarantor also agree that the Corporation may make a claim against the Guarantor under this
I
Guaranty and demand payment and performance by the Guarantor without any requirement that the
Corporation proceed first against the Borrower, the Project, the Premises or any other collateral
securing the Loan or any other entity having liability for the Loan. The Guarantor agree that the
Corporation may make changes in any or all of the Borrower's Agreements (provided that those
changes do not include an increase in the principal amount of the Loan, except by reason of
increases to the principal from accrued and unpaid interest or other reimbursement obligations of
the Borrower) and such changes will not discharge the obligations of the Guarantor under this
Guaranty, which shall continue with the same force and effect as if the changes had not been made.
3. CONFESSION OF JUDGMENT AGAINST THE GUARANTOR IF ANY AMOUNT
DUE TO THE CORPORATION UNDER THE NOTE, THE MORTGAGE OR THE LOAN
AGREEMENT REMAINS UNPAID OR IF THE BORROWER IS IN DEFAULT UNDER ANY OF THE
TERMS OF THE BORROWER'S AGREEMENTS, THEN THE GUARANTOR HEREBY
AUTHORIZE AND EMPOWER IRREVOCABLY, THE PROTHONOTARY, CLERK OF COURT OR
ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR THE GUARANTOR IN SUCH
COURT, IN TERM, OR VACATION, AT ANY TIME AND CONFESS JUDGMENT WITH OR
WITHOUT THE FILING OF AN AVERMENT OR DECLARATION OF DEFAULT, FOR SUCH
AMOUNT AS MAY APPEAR TO BE UNPAID, ALL INTEREST DUE THEREON AND ALL
REASONABLE COSTS INCURRED IN CONNECTION WITH THE COLLECTION OF SUCH
AMOUNT, TOGETHER WITH REASONABLE ATTORNEY'S FEES. THE GUARANTOR SHALL
NOT CAUSE ANY BILL IN EQUITY TO BE FILED TO INTERFERE IN ANY MANNER WITH THE
OPERATION OF SUCH JUDGMENT, HEREBY RATIFYING AND CONFIRMING ALL THAT SAID
ATTORNEY MAY DO BY VIRTUE HEREOF. THE AUTHORITY HEREINABOVE GRANTED
SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE
CONFESSED AS AFORESAID FROM TIME TO TIME AND AS OFTEN AS ANY DEFAULT SHALL
OCCUR HEREUNDER. CONFESSION OF JUDGMENT MAY BE MADE BY FILING COPIES OF
THE BORROWER'S AGREEMENTS AND THIS GUARANTY AGREEMENT IN LIEU OF
ORIGINALS THEREOF.
THE GUARANTOR ACKNOWLEDGES THAT GUARANTOR UNDERSTANDS THE
MEANING AND EFFECT OF THE CONFESSION CONTAINED IN THE FOREGOING
PARAGRAPH. SPECIFICALLY, THE GUARANTOR UNDERSTAND AMONG OTHER THINGS
THAT (1) GUARANTOR ARE RELINQUISHING THE RIGHT TO HAVE NOTICE EXCEPT AS
PROVIDED HEREIN, AN OPPORTUNITY TO BE HEARD AND THE RIGHT TO HAVE THE
BURDEN OF PROOF OF DEFAULT REST ON THE CORPORATION PRIOR TO THE ENTRY OF
JUDGMENT, (2) THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON GUARANTOR'
PROPERTY, (3) GUARANTOR WILL BEAR THE BURDEN AND EXPENSE OF ATTACKING THE
JUDGMENT AND CHALLENGING EXECUTION ON THE LIEN AND SALE OF THE PROPERTY
COVERED THEREBY, AND (4) ENOUGH OF GUARANTOR' PROPERTY MAY BE TAKEN TO
PAY THE PRINCIPAL AMOUNT, INTEREST, COSTS AND ATTORNEY'S FEES.
4. Guaranty as Suretyship Agreement This Guaranty will be interpreted and construed
as a contract of suretyship in accordance with the laws of the Commonwealth of Pennsylvania.
5. Costs of Collection and Legal Fees In addition to all of the sums payable hereunder
the Guarantor agree to pay the reasonable costs and expenses incurred by the Corporation in
connection with all action taken to enforce collection under this Guaranty or any or all of the
Borrower's Agreements upon default by the Borrower and the Guarantor, whether by legal
proceedings or otherwise, including reasonable attorney's fees and court costs.
6. Guarantor's Review of the Borrower Agreements The Guarantor has examined and
reviewed the Borrower Agreements and understands the obligations of the Borrower which the
Guarantor are agreeing to pay and perform.
7. Subordination of the Guarantor's Interests The Guarantor agrees that whatever
right, title and interest the Guarantor may have in and to the Project shall be, and the same is hereby
made, subject and subordinate to the interest of the Corporation.
8. Notices Any notice or consent required or permitted by this Agreement shall be in
writing and shall be deemed delivered if delivered in person or if sent by registered or certified mail,
postage pre -paid, return receipt requested, as follows, unless such address is changed by written
notice hereunder:
(a) If to the Corporation:
Cumberland Area Economic Development Corporation
401 E. Louther Street, Suite 209
Carlisle, PA 17013
(b) If to the Guarantor:
Charles P. Andrews
Notice shall be effective upon delivery if delivered in person or on the second
business day following mailing if mailed.
9. Absolute and Unconditional Nature of Guarantor's Obligations The liability of the
Guarantor under this Guaranty is absolute and unconditional, without regard to the liability of any
other person. The Guarantor' liability will not in any manner be affected by reason of any action
taken or not taken by the Corporation, which action or inaction is herein consented and agreed to,
nor by the partial or complete unenforceability or invalidity of the Borrower Agreements or any other
3
guaranty or surety agreement, pledge, assignment or other security for any of the obligations
guaranteed hereunder. No delay in making demand on the Guarantor or satisfaction of Guarantor'
liability hereunder will prejudice the Corporation's right to enforce such satisfaction. All of the rights
and remedies of the Corporation will be cumulative. Any failure of the Corporation to exercise any
right hereunder will not be construed as a waiver of the right to exercise the same or any other right
at any time or times thereafter.
10. Pennsylvania Law Governs The Guarantor agrees that this Guaranty will be
governed by the substantive law of the Commonwealth of Pennsylvania, without regard to principles
of conflicts of laws. The Guarantor hereby consents to the application of Pennsylvania law to this
Guaranty and to the jurisdiction of the courts of the Commonwealth of Pennsylvania including,
without limitation, the Common Pleas Courts of Cumberland County.
11. The Guarantor's Consents and Waivers The Guarantor hereby:
(a) Consent that the Corporation may without the Guarantor' consent and without
affecting the Guarantor' obligation:
(i) Exchange, release or surrender any collateral under the Borrower's
Agreements, or waive, release or subordinate any security interest, in whole or in part, now or
hereafter held as security for any of the obligations guaranteed hereunder;
(ii) Waive or delay the exercise of any of the rights or remedies of the
Corporation against the Borrower or any other person or entity, including, without limitation, the
Guarantor;
(iii) Release the Borrower or any other person or entity;
(iv) Renew, extend, or modify the terms of any of the obligations
guaranteed hereunder or any instrument or agreement evidencing the same; and
(v) Apply payments by the Borrower, the Guarantor, or any other person
or entity, to any of the obligations guaranteed hereunder.
(b) Waive all notices whatsoever with respect to this Guaranty or with respect to
the obligations guaranteed hereunder, except as provided in paragraph 2 hereinabove, including,
without limitation, notice of:
(i) The acceptance hereof by the Corporation or the intention to act, or
the action, by the Corporation, in reliance hereon;
(ii) The present existence or future incurring of any of the obligations
guaranteed hereunder or any terms or amounts thereof or any change therein;
(iii) Any default by the Borrower or any surety, pledgor, grantor of security,
or Guarantor, and
4
(iv) The obtaining or release of any guaranty or surety agreement (in
addition to this Guaranty), pledge, assignment, or other security for any of the obligations
guaranteed hereunder.
The Guarantor waive notice of presentment, demand, protest and notice of
non - payment, protest in relation to any instrument evidencing any of the obligations guaranteed
hereunder, and any other demands and notices required by law, except as such waiver may be
expressly prohibited by law.
12. Successors and Assiqns This Guaranty will inure to the benefit of the Corporation
and the Corporation's successors and assigns and will be binding upon the Guarantor, and
Guarantor' successors and assigns.
13. Document under Seal This Guaranty is intended to take effect as a document under
seal.
14. Term of Guaranty This Guaranty shall be effective from the date hereof until the
payment in full of all amounts due under the Loan or any of the Borrower's Agreements.
IN WITNESS WHEREOF, the Guarantor, intending to be legally bound hereby, has
executed this Guaranty Agreement for the purposes herein stated, the year and date above written.
WITNESS:
har es P. Andrews
HACCED Loans \CCED Guaranty.doc
5
GUARANTY AND SURETY AGREEMENT
THIS GUARANTY AND SURETYSHIP AGREEMENT is being made on this 8 th day of
February, 2010, by Charles W. Andrews and Dorothy B. Andrews, husband and wife, of
Cumberland County, Pennsylvania (the "Guarantors ") to the Cumberland Area Economic
Development Corporation, with an address at 401 E. Louther Street, Suite 209, Carlisle, PA
17013 (the "Corporation ").
BACKGROUND OF AGREEMENT
A. Handmade Food, LLC, (the "Borrower ") has entered into a Loan Agreement with the
Corporation dated today's date (the "Loan Agreement ") for a loan from the Corporation to the
Borrower in the principal amount of $20,000.00 (the "Loan ").
B. The Loan and the obligations of the Borrower to repay the Loan with interest are
contained in a Note from the Borrower to the Corporation dated today's date (the "Note "). The Loan
Agreement and the Note are sometimes collectively called the "Borrower's Agreements."
C. The proceeds of the Loan will be used by the Borrower towards working capital of a
restaurant known as the Green Room located at 36 West High Street, Carlisle, Cumberland County,
Pennsylvania (the "Premises') for the Borrower's mechanical services business (the "Project ").
D. The Corporation would not make the Loan without this Guaranty from the Guarantors.
The Loan and the Project will benefit the Guarantors because of the Guarantors ownership
interests in the Borrower.
NOW, THEREFORE, in order to induce the Corporation to make the Loan to the Borrower to
the Borrower, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the Guarantors do hereby agree as follows:
1. Unconditional Guaranty of Payment and Performance The Guarantors absolutely
and unconditionally promise and guarantee to the Corporation the due and punctual payment and
full and faithful performance of all amounts and obligations required to be paid or performed by the
Borrower pursuant to the Borrower's Agreements when and as the same shall become due and
payable or subject to performance, whether at maturity, by acceleration or otherwise according to
the terms of the Borrower's Agreements.
2. Guaranty Not Affected The Guarantors agree that neither an assignment nor a sale
of the Project will have any affect on the obligations assumed and guaranteed by the Guarantors,
which shall continue with the same force and effect as if the assignment or sale had not been made.
The Guarantors also agree that the Corporation may make a claim against the Guarantors under
this Guaranty and demand payment and performance by the Guarantors without any requirement
that the Corporation proceed first against the Borrower, the Project, the Premises or any other
collateral securing the Loan or any other entity having liability for the Loan. The Guarantors agree
that the Corporation may make changes in any or all of the Borrower's Agreements (provided that
those changes do not include an increase in the principal amount of the Loan, except by reason of
increases to the principal from accrued and unpaid interest or other reimbursement obligations of
the Borrower) and such changes will not discharge the obligations of the Guarantors under this
Guaranty, which shall continue with the same force and effect as if the changes had not been made.
3. CONFESSION OF JUDGMENT AGAINST THE GUARANTORS IFANYAMOUNT
DUE TO THE CORPORATION UNDER THE NOTE, THE MORTGAGE OR THE LOAN
AGREEMENT REMAINS UNPAID OR IF THE BORROWER IS IN DEFAULT UNDER ANY OF THE
TERMS OF THE BORROWER'S AGREEMENTS, THEN THE GUARANTORS HEREBY
AUTHORIZE AND EMPOWER IRREVOCABLY, THE PROTHONOTARY, CLERK OF COURT OR
ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR THE GUARANTORS IN SUCH
COURT, IN TERM, OR VACATION, AT ANY TIME AND CONFESS JUDGMENT WITH OR
WITHOUT THE FILING OF AN AVERMENT OR DECLARATION OF DEFAULT, FOR SUCH
AMOUNT AS MAY APPEAR TO BE UNPAID, ALL INTEREST DUE THEREON AND ALL
REASONABLE COSTS INCURRED IN CONNECTION WITH THE COLLECTION OF SUCH
AMOUNT, TOGETHER WITH REASONABLE ATTORNEY'S FEES. THE GUARANTORS SHALL
NOT CAUSE ANY BILL IN EQUITY TO BE FILED TO INTERFERE IN ANY MANNER WITH THE
OPERATION OF SUCH JUDGMENT, HEREBY RATIFYING AND CONFIRMING ALL THAT SAID
ATTORNEY MAY DO BY VIRTUE HEREOF. THE AUTHORITY HEREINABOVE GRANTED
SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE
CONFESSED AS AFORESAID FROM TIME TO TIME AND AS OFTEN AS ANY DEFAULT SHALL
OCCUR HEREUNDER. CONFESSION OF JUDGMENT MAY BE MADE BY FILING COPIES OF
THE BORROWER'S AGREEMENTS AND THIS GUARANTY AGREEMENT IN LIEU OF
ORIGINALS THEREOF.
THE GUARANTORS ACKNOWLEDGE THAT GUARANTORS UNDERSTAND THE
MEANING AND EFFECT OF THE CONFESSION CONTAINED IN THE FOREGOING
PARAGRAPH. SPECIFICALLY, THE GUARANTORS UNDERSTAND AMONG OTHER THINGS
THAT (1) GUARANTORS ARE RELINQUISHING THE RIGHT TO HAVE NOTICE EXCEPT AS
PROVIDED HEREIN, AN OPPORTUNITY TO BE HEARD AND THE RIGHT TO HAVE THE
BURDEN OF PROOF OF DEFAULT REST ON THE CORPORATION PRIOR TO THE ENTRY OF
JUDGMENT, (2) THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON GUARANTORS'
2
PROPERTY, (3) GUARANTORS WILL BEAR THE BURDEN AND EXPENSE OF ATTACKING
THE JUDGMENT AND CHALLENGING EXECUTION ON THE LIEN AND SALE OF THE
PROPERTY COVERED THEREBY, AND (4) ENOUGH OF GUARANTORS' PROPERTY MAY BE
TAKEN TO PAY THE PRINCIPAL AMOUNT, INTEREST, COSTS AND ATTORNEY'S FEES.
4. Guaranty as Suretyship Agreement This Guaranty will be interpreted and construed
as a contract of suretyship in accordance with the laws of the Commonwealth of Pennsylvania.
5. Costs of Collection and Legal Fees In addition to all of the sums payable hereunder
the Guarantors agree to pay the reasonable costs and expenses incurred by the Corporation in
connection with all action taken to enforce collection under this Guaranty or any or all of the
Borrower's Agreements upon default by the Borrower and the Guarantors, whether by legal
proceedings or otherwise, including reasonable attorney's fees and court costs.
6. Guarantors' Review of the Borrower Agreements The Guarantors have examined
and reviewed the Borrower Agreements and understand the obligations of the Borrower which the
Guarantors are agreeing to pay and perform.
7. Subordination of the Guarantors' Interests The Guarantors agrees that whatever
right, title and interest the Guarantors may have in and to the Project shall be, and the same is
hereby made, subject and subordinate to the interest of the Corporation.
8. Notices Any notice or consent required or permitted by this Agreement shall be in
writing and shall be deemed delivered if delivered in person or if sent by registered or certified mail,
postage pre -paid, return receipt requested, as follows, unless such address is changed by written
notice hereunder:
(a) If to the Corporation:
Cumberland Area Economic Development Corporation
401 E. Louther Street, Suite 209
Carlisle, PA 17013
(b) If to the Guarantors:
Charles and Dorothy Andrews
Notice shall be effective upon delivery if delivered in person or on the second
business day following mailing if mailed.
9. Absolute and Unconditional Nature of Guarantors' Obligations The liability of the
Guarantors under this Guaranty is absolute and unconditional, without regard to the liability of any
other person. The Guarantors' liability will not in any manner be affected by reason of any action
taken or not taken by the Corporation, which action or inaction is herein consented and agreed to,
nor by the partial or complete unenforceability or invalidity of the Borrower Agreements or any other
3
guaranty or surety agreement, pledge, assignment or other security for any of the obligations
guaranteed hereunder. No delay in making demand on the Guarantors or satisfaction of
Guarantors' liability hereunder will prejudice the Corporation's right to enforce such satisfaction. All
of the rights and remedies of the Corporation will be cumulative. Any failure of the Corporation to
exercise any right hereunder will not be construed as a waiver of the right to exercise the same or
any other right at any time or times thereafter.
10. Pennsylvania Law Governs The Guarantors agrees that this Guaranty will be
governed by the substantive law of the Commonwealth of Pennsylvania, without regard to principles
of conflicts of laws. The Guarantors hereby consent to the application of Pennsylvania law to this
Guaranty and to the jurisdiction of the courts of the Commonwealth of Pennsylvania including,
without limitation, the Common Pleas Courts of Cumberland County.
11. The Guarantors' Consents and Waivers The Guarantors hereby:
(a) Consent that the Corporation may without the Guarantors' consent and
without affecting the Guarantors' obligation:
(i) Exchange, release or surrender any collateral under the Borrower's
Agreements, or waive, release or subordinate any security interest, in whole or in part, now or
hereafter held as security for any of the obligations guaranteed hereunder;
(ii) Waive or delay the exercise of any of the rights or remedies of the
Corporation against the Borrower or any other person or entity, including, without limitation, the
Guarantors;
(iii) Release the Borrower or any other person or entity;
(iv) Renew, extend, or modify the terms of any of the obligations
guaranteed hereunder or any instrument or agreement evidencing the same; and
(v) Apply payments by the Borrower, the Guarantors, or any other person
or entity, to any of the obligations guaranteed hereunder.
(b) Waive all notices whatsoever with respect to this Guaranty or with respect to
the obligations guaranteed hereunder, except as provided in paragraph 2 hereinabove, including,
without limitation, notice of:
(i) The acceptance hereof by the Corporation or the intention to act, or
the action, by the Corporation, in reliance hereon;
(ii) The present existence or future incurring of any of the obligations
guaranteed hereunder or any terms or amounts thereof or any change therein;
(iii) Any default by the Borrower or any surety, pledgor, grantor of security,
or Guarantors, and
4
(iv) The obtaining or release of any guaranty or surety agreement (in
addition to this Guaranty), pledge, assignment, or other security for any of the obligations
guaranteed hereunder.
The Guarantors waive notice of presentment, demand, protest and notice of
non - payment, protest in relation to any instrument evidencing any of the obligations guaranteed
hereunder, and any other demands and notices required by law, except as such waiver may be
expressly prohibited by law.
12. Successors and Assigns This Guaranty will inure to the benefit of the Corporation
and the Corporation's successors and assigns and will be binding upon the Guarantors, and
Guarantors' successors and assigns.
13. Document under Seal This Guaranty is intended to take effect as a document under
seal.
14. Term of Guaranty This Guaranty shall be effective from the date hereof until the
payment in full of all amounts due under the Loan or any of the Borrower's Agreements.
IN WITNESS WHEREOF, the Guarantors, intending to be legally bound hereby, have
executed this Guaranty Agreement for the purposes herein stated, the year and date above written.
WITNESS:
I _
Charles W. Andrews
1
Dorothy 6drew
HACCED Loans \CCED Guaranty.doc
5
EXHIBIT "C"
s
Return to:
Cumberland Area Economic 00OA6P
Development Corporation
Attn: Omar Shute
401 E. Louther Street
Suite 209
Carlisle, PA 17013
Parcel No. 05 -21- 0320 -107
MORTGAGE
THIS INDENTURE made this 8 th day of February, 2010, between CHARLES W.
ANDREWS, an adult individual, of Cumberland County, Pennsylvania (the "Mortgagor ")
and the Cumberland Area Economic Development Corporation, with its principal
place of business at 401 E. Louther Street, Suite 209, Carlisle, Cumberland County,
Pennsylvania 17013 (the "Corporation ").
RECITALS
A. The Corporation and Handmade Food, LLC, a Pennsylvania limited liability
company ( "Borrower ") have entered into a Loan Agreement dated the same
date as this Mortgage (the "Loan Agreement "), Under the Loan Agreement, the
Corporation has agreed to lend to the Borrower, the principal sum of Twenty
Thousand and 00/100 ($20,000.00) (the "Loan ") upon terms and subject to the
conditions of the Loan Agreement. In order to induce the Lender to make the
Loan, Mortgagor executed a guaranty of even date hereto and agreed to
provide as collateral for the Loan this Mortgage.
B. In order to evidence its obligation to repay the Loan, the Borrower has signed a
note dated the same date as the Loan Agreement (the "Note ") which it has
delivered to the Corporation. The Note describes the payment terms of the
Loan.
C. The Guaranty and Mortgage are sometimes referred to together as the "Loan
Documents."
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in consideration of
the Loan to Mortgagor, and to secure the payment of the Loan, interest on the Loan
and of all other sums due or to become due under the Loan Documents (the
"Indebtedness "), intending to be legally bound by these presents, the Mortgagor does
hereby grant, bargain, sell, convey, release, alien, confirm and assign unto the
Corporation, its successors and assigns, all that certain parcel of land fully and
accurately described on Exhibit A, attached hereto and made a part hereof, known and
r
numbered as 10 -12 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania.
TOGETHER with all and singular the buildings and improvements erected or to be
erected thereon, streets, alleys, passages, ways, waters, watercourses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever, thereunto belonging or in
anywise appertaining, and the reversions and remainders and rents, issues and profits
thereof, including all income arising therefrom and all insurance proceeds and proceeds
of condemnation awards and including the furniture, fixtures, and equipment to be
attached to the real estate or may become fixtures on realty (collectively, the
"Premises ").
TO HAVE AND TO HOLD the Premises hereby granted or mentioned and intended
so to be unto the Corporation, its successors and assigns, to and for the only proper
use and behoof of the Corporation, its successors and assigns forever.
PROVIDED, HOWEVER, that if the Mortgagor pays to the Corporation the
Indebtedness and any other sums properly payable under the terms of the Loan
Documents on the dates and in the manner provided in the Loan Documents, and
keeps all the other covenants and promises contained in the Loan Documents, then
from that time this Mortgage and the estate hereby created, granted, transferred and
assigned will be void, but otherwise will remain in full force and effect.
THE MORTGAGOR HEREBY FURTHER COVENANTS AND AGREES AS
FOLLOWS:
1. Title The Mortgagor has good, valid and marketable title to the Premises. The
Mortgagor has the right, full power and lawful authority to execute this Mortgage
and to mortgage the Premises to the Corporation. The Premises are free and
clear of all liens and encumbrances except those of record, which have been
previously disclosed in writing to the Corporation. The Mortgage shall be a third
mortgage lien upon the Premises, subordinate only to Community Banks and
Community First Fund (hereinafter the "Additional Mortgages ").
2. Payment and Performance The Mortgagor will punctually pay the
Indebtedness, in the amounts and at the times provided in and by the Loan
Agreement and the Note, and will pay when due all other obligations and debts
hereby secured.
3. Real Estate Taxes and Assessments The Mortgagor will pay when due, and
before they become delinquent, all taxes, water and sewer rents, assessments
and other governmental charges against the Premises or upon the rents,
income and profits from the Premises so as to prevent the same from becoming
or being an enforceable lien or claim against the Premises. Upon request, the
Mortgagor will furnish to the Corporation, not less than fifteen (15) days prior to
the date on which payment of the same would become delinquent, receipts or
2
other evidence satisfactory to the Corporation of the payment of all such taxes,
rents, assessments and other governmental charges.
4. Insurance The Mortgagor will maintain insurance on all buildings and
improvements forming a part of the Premises (including those constructed after
the date of this Mortgage) for the benefit of the Corporation under an all -risk
hazard insurance policy with boiler coverage, in an amount not less than the full
insurable value of the Premises. The Corporation may from time to time, but
not more than once annually, require that an appraiser or rating bureau that is
satisfactory to the Corporation determine the full insurable value of the
Premises.
The insurance policy will name the Corporation as a mortgagee in a standard
mortgagee clause. In addition, either in the insurance policy or in a separate
policy, the Mortgagor will provide insurance insuring the Mortgagors against loss
of rental for a period of not less than one (1) year in an amount equal to the
gross aggregate rental receivable during that period by the Mortgagor under the
Agreement, or business interruption insurance, insuring all fixed charges of the
Mortgagor, including the amount necessary to repay this Mortgage, for a period
of not less than one year, such insurance to be acceptable to the Corporation.
During the period of construction of the Project on the Premises, the Mortgagor
will maintain builder's risk insurance in an amount satisfactory to the
Corporation and will require its contractor to maintain worker's compensation
insurance. The Mortgagor will deliver to the Corporation copies of all of said
policies upon the execution of this Mortgage and upon each renewal, expansion
or modification thereof, together with a current Accord Evidence of Property
Insurance Certificate. Any modification of any insurance- policy must be
approved by the Corporation in writing prior to the effective date of such
modification. The Corporation may settle all claims under all such policies
except worker's compensation and may demand, receive and receipt for all
moneys becoming payable thereunder. The proceeds under any policy will be
paid by the insurer to the Corporation as the Corporation's interest may appear,
and the Corporation in its discretion may apply the amount so collected toward
the payment of the Indebtedness or toward the alteration, reconstruction, repair
or restoration of the damaged portion of the Premises or any portion thereof.
The Mortgagor will prepay the premiums for all such insurance in advance and
thereafter will deliver to the Corporation evidence of payment of all premiums
due on such insurance together with certificates of such insurance. All of such
policies will contain provision for notice to the Corporation not less than thirty
(30) days in advance of any cancellation of such policy.
The Mortgagor will also demonstrate to the satisfaction of the Corporation that
the Premises are not located within an area identified by Federal Emergency
Management Agency as having "special flood hazards," as such term is
interpreted under federal law or in a zoned flood plain or flood hazard area as
determined by local officials. If all or any part of the Premises is located in such
3
an area, the Mortgagor will pay for and provide the amount of flood insurance
required by the Corporation in its discretion.
While this Mortgage is in effect, the Mortgagor will also maintain worker's
compensation insurance and public liability and property damage insurance on
the Premises in amounts satisfactory to the Corporation and will deliver copies
of such policies to the Corporation. All insurance policies described in this
Section 4 will be written by insurance companies licensed to do business within
the Commonwealth of Pennsylvania and satisfactory to the Corporation.
5. Maintenance The Mortgagor will keep the Premises and all machinery,
equipment and fixtures on the Premises in good condition and repair. The
Mortgagor will not remove, demolish or materially alter the buildings,
improvements and fixtures that are a part of or on the Premises and will not
commit or suffer waste to any part of the Premises. The Mortgagor will maintain
the Premises in compliance with all applicable governmental requirements,
including but not limited to, any and all applicable federal, state, or local
environmental laws and regulations. If there is any damage to the Premises,
which is caused by fire or other casualty or condemnation, the Corporation may
require the Mortgagor to restore the Premises to the condition it was in prior to
the occurrence of such damage. The Mortgagor will permit the Corporation's
agents at any reasonable time to enter upon the Premises for the purpose of
inspecting and appraising the buildings and improvements.
6. Restrictions The Mortgagor will not take or permit any action with respect to
the Premises, which will in any manner impair the Corporation's security under
this Mortgage. The Corporation may, at its option -, declare immediately due and
payable all sums secured by this Mortgage upon the sale or transfer, without the
Corporation's prior written consent, of all or any part of the Premises, or any
interest in the Premises. A "sale or transfer" means the conveyance of the
Premises or any right, title or interest in the Premises; whether legal, beneficial
or equitable; whether voluntary or involuntary; whether by outright sale, deed,
installment sale contract, land contract, contract by deed, leasehold interest with
a term greater than three (3) years, lease- option contract, or by sale,
assignment, or transfer of any beneficial interest in or to any land trust holding
title to the Premises, or by any other method of conveyance of an interest in the
Premises.
7. Payment of Costs If the Corporation retains the services of counsel in
connection with any default under this Mortgage or the Notes, the Mortgagor will
pay the Corporation's attorney's fee amounting to five percent (5 %) of the
principal indebtedness, but in no event less than the sum of Five Hundred
Dollars ($500.00) and this obligation will be secured hereby. The Mortgagor will
also pay all costs in connection with both the recording of this Mortgage and the
recording of any satisfaction of this Mortgage.
4
8. Events of Default Any of the following will constitute an event of default under
this Mortgage: (i) the occurrence of any Event of Default under the Loan
Documents, (ii) any payment default which has not been cured within six (6)
days after notice, or (iii) any covenant default (other than a default for the
payment of money) by Mortgagor in the punctual observance or performance of
any of the Mortgagor's covenants or agreements in this Mortgage which has not
been cured within thirty (30) days after notice. If any event of default occurs, the
Corporation will have the option of doing any or all of the following: (a) making
the entire unpaid balance of the Indebtedness due and payable immediately,
without further notice to the Mortgagor; (b) taking immediate possession of the
Premises as provided in this Mortgage; and (c) exercising immediately any and
all other rights and remedies provided in this Mortgage, or which may be
available to the Corporation. All such rights and remedies will be cumulative
and concurrent and may be pursued singly, successively or together in the
Corporation's sole discretion. All such rights and remedies may be exercised
from time to time and as often as an occasion, or occasions, therefore will occur
until the Indebtedness is paid in full.
9. Possession and Rents If the Corporation takes possession of the Premises
after an event of default, the Corporation may, in its sole discretion take any or
all of the following actions: (a) The Corporation may hold, manage, operate and
lease the Premises to the Mortgagor or to any other person or persons, on such
terms and for such periods of time, as the Corporation may deem appropriate.
The provisions of any lease made by the Corporation pursuant to this Section 9
will be valid and binding upon the Mortgagor notwithstanding the fact that the
Corporation's right of possession may terminate or this Mortgage may be
satisfied of record prior to the expiration of the term- of such lease. (b) The
Corporation may make such alterations, additions, improvements, renovations,
repairs and replacements to the Premises, as the Corporation may deem
proper. (c) The Corporation may remodel all or portions of the Premises so as to
make the Premises available in whole or in part for other purposes. (d) The
Corporation may collect the rents and other charges from the Premises,
including those which are past due, and apply the sums collected, in such order
of priority as the Corporation may determine, to the payment of all charges and
commissions incidental to the collection of rents and the management of the
Premises and all other sums or charges required to be paid by the Mortgagor
hereunder. In addition to the payment of such charges and commissions, the
Corporation will be entitled to retain not less than fifteen percent (15 %) of such
rents, issues and profits in payment for the administrative and management
services of the Corporation.
All moneys advanced by the Corporation for any of the actions permitted under
this Section 9 and not repaid out of the rents collected will immediately and
without demand be repaid by the Mortgagor to the Corporation, together with
interest thereon at the rate of fifteen percent (15 %) per annum, and will be
added to the principal of the Loan and be secured by this Mortgage. The
5'
production of a receipt by the Corporation will be conclusive proof of a payment
or advance authorized hereby, and the amount and validity thereof. The taking
of possession and collection of rents by the Corporation under this Section 9 will
not be construed to be an affirmation of any lease of the Premises or any part
thereof, and the Corporation or any other purchaser at any foreclosure sale
may, if otherwise entitled to do so, exercise the right to terminate any such lease
as though such taking of possession and collection of rents had not occurred.
10. Confession of Judgment for Possession THE FOLLOWING PARAGRAPH
SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO
CONFESS JUDGMENT AGAINST THE MORTGAGOR. IN GRANTING THIS
WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE
MORTGAGOR, THE MORTGAGOR HEREBY KNOWINGLY, INTENTIONALLY
AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL
OF THE MORTGAGOR, UNCONDITIONALLY WAIVES ANY AND ALL
RIGHTS THE MORTGAGOR HAS OR MAY HAVE TO PRIOR NOTICE AND
AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE
CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE
COMMONWEALTH OF PENNSYLVANIA.
In case of any event of default as set further in Section 8 of this Mortgage (of
which an affidavit on behalf of the Corporation will be sufficient evidence), then,
and in any such event, any attorney of any court of record of Pennsylvania or
elsewhere is hereby authorized and empowered to appear for the Mortgagor,
and all persons claiming under or through the Mortgagor, and as attorney for the
Mortgagor and all persons claiming under or through the Mortgagor, to sign an
agreement for entering an amicable action of ejectment for possession of the
Premises or any part thereof and to confess judgment therein against the
Mortgagor, in favor of the Corporation, whereupon a writ for possession may
immediately issue for the possession of the Premises, without any prior
complaint, writ or proceeding. whatsoever; and for so doing this Mortgage, or a
copy hereof verified by affidavit, will be his sufficient warrant. This power may
be exercised as often as the Corporation will require and will not be exhausted
by one or more or by any imperfect exercise thereof.
If for any reason after such action has been commenced, the action is
discontinued or possession of the Premises will remain in or be restored. to the
Mortgagor, the Corporation will have the right for the same default or any
subsequent default to bring one or more further amicable actions as above
provided to recover possession of the Premises. The Corporation may bring
such amicable action in ejectment before or after judgment on this Mortgage or
on the Note, or after a sale of the Premises by the Sheriff. If after execution
and return of the writ of possession, the Mortgagor re- enters into possession of
the Premises, the Prothonotary, upon praecipe and affidavit setting forth the
facts filed within three years after the return of the writ upon which execution
was completed will issue a new writ, of' possession.
6
11. Waivers The Mortgagor waives the right of inquisition on any property levied
upon under a judgment obtained in proceedings to collect the Indebtedness
hereby secured or in proceedings on this Mortgage, and further waives and
releases any and all benefits that may accrue to the Mortgagor by virtue of any
law relating to appraisements, stay of execution or exemption of the Premises
from levy or sale under execution, now or hereafter in force. A foreclosure sale
will constitute a foreclosure sale of all equity whatsoever of the Mortgagor in the
Premises and the Corporation will, if it is the purchaser at the sale, hold the
Premises and any part thereof so purchased free of any equity of redemption by
reason of any circumstances whatsoever and not as collateral for any obligation.
12. No Release No extension or indulgence granted to the Mortgagor, and no
alteration, change or modification of the Loan consented or agreed to by the
Corporation, and no other act or omission of the Corporation, including the
taking of additional security or the release of any security, or the waiver by the
Corporation or failure by the Corporation to enforce any provision of this
Mortgage, the Note or the Loan Agreement or to declare a default with respect
thereto or any Loan Documents, will constitute a release of the lien and
obligation of this Mortgage or be interposed as a defense against the
enforcement of this Mortgage, or operate as a waiver of any subsequent
defaults or otherwise affect the right of the Corporation to exercise all rights or
remedies stipulated herein and in the Note and the Loan Agreement, except an
act of the Corporation which constitutes an express, effective, written release
and satisfaction of the Note.
13. Protective Advances by Mortgagee If the Mortgagor fails to pay any interest
and installments of principal on the Additional Mortgages or any taxes, water
and sewer rents, charges, claims, assessments, assessments for public
improvements, liens or encumbrances or fail to furnish and pay for the
insurance required by Section 4, or fail to keep the Premises in good condition
and repair, the Corporation may, at its option, pay any or all such items together
with penalties and interest thereon, and iprocure and pay for such insurance and
repairs. Additionally, following any default by the Mortgagor, the Corporation
may at any time advance such other sum or sums as the Corporation in its sole
discretion may deem necessary to protect the security of this Mortgage. Any
advance by the Corporation under this Section 13 will be considered a
protective advance. All protective advances made by the Corporation will
immediately and without demand. be secured hereby and the Mortgagor will be
obligated to repay such protective advances to the Corporation, together with
interest thereon at the rate of fifteen percent (15 %) per annum. If not
immediately repaid, the amount of such protective advances will be added to the
principal of the Indebtedness and be secured by this Mortgage. The production
of a receipt by the Corporation will be conclusive proof of a payment or advance
authorized hereby, and the amount and validity thereof.
14. Binding Effect All covenants, stipulations and agreements contained in this
Mortgage by or on behalf of the Mortgagor will be binding upon its successors in
title or interest and its assigns, whether so expressed or not.
15. Amendments This Mortgage may be amended only with the written consent of
the Mortgagor and the Corporation.
16. Notices Notice to the Mortgagor under the Note or this Mortgage will be
deemed sufficient if given in accordance with Section 11 of the Loan
Agreement.
17. Severability The provisions of this Mortgage are severable., This means that if
any of the terms, covenants, conditions or provisions of this Mortgage are
unenforceable or invalid under federal, state or other applicable law, such
unenforceability or invalidity will not make any other of the terms, covenants,
conditions or provisions hereof unenforceable or invalid. If the law prohibits any
waiver by Mortgagor in this Mortgage, including but not limited to the waiver of
exemption from execution, such waiver will be and be deemed to be deleted
herefrom.
IN WITNESS WHEREOF, the Mortgagor has executed this Mortgage on the day
and year first above written.
WITNE
arlesW.rews
8
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the d y 0 20_, before me the undersigned
personally appeared �fi�a 6 ?(/:' know to me to be the person
whose name is subscribed to the within instrument and acknowledged that he /she,
being duly authorized to do so, executed the foregoing instrument for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA � '� &4414
NOTARIAL SEAL otary Public
Sharon L. Feeser, Notary Public
My Commission Expires: Carlisle Borough, Cumberland County
My commission expires May 17, 2011
Certificate of the Cumberland Area Economic Development Corporation
I hereby certify that the precise residence and complete post office address of
the Cumberland Area Economic Development Corporation of Carlisle is 401 E. Louther
Street, Suite 209, Carlisle, Pennsylvania 17011
Attorney /Agent for the Cumberland Area
Economic Development Corporation
RECORDED in the Office for Recording of Deeds, in and for the County of
Cumberland, Book Page
(Title)
9
EXHIBIT "A"
ALL that certain lot of ground in the Borough of Carlisle, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point on North Hanover Street, at corner of land of F. W. Woolworth
Co.; thence by land of F. W. Woolworth Co. in a westerly direction at a right angle to
Hanover Street, thirty -five feet four inches (35' 4 "); thence by same in a southerly
direction five feet (5') more or less; thence by same in a westerly direction at a right
angle to Hanover Street two hundred four feet eight inches (204' 8 ") to property of
Carlisle Food Market parking lot; thence by same in a southerly direction thirty feet (30')
more or less to land formerly of Elizabeth M. Hartzell, now or formerly of Mervin G.
Coyle and Urie D. Lutz; thence by same in an easterly direction two hundred forty feet
(240') to North Hanov:x Street; thence by North Hanover Street thirty -five feet (35')
more or less to a point, the place of Beginning. BEING known as 10 -12 North Hanover
Street.
BEING the same premises which Lee E. Snyder and Kathryn L. Snyder, husband and
wife, by their Deed dated September 23, 1996, and recorded in Cumberland County,
Pennsylvania Deed Book 146, Page 337, granted and conveyed unto Charles W.
Andrews.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARES - =
CARLISLE PA 17013
717 - 240 -6370
Instrument Number - 201004151
Recorded On 2/18/2010 At 8:22:23 AM * Total Pages - 11
• Instrument Type - MORTGAGE
Invoice Number - 60991 User ID - JM
• Mortgagor - ANDREWS, CHARLES W
• Mortgagee - CUMBERLAND AREA ECONOMIC DEV CORP
• Customer - CUMBERLAND AREA ECONOMIC DEV CORP
* FEES —
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $23.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $74.00
I Certify this to be recorded
in Cumberland County PA
4
of cu -4
c 4 � o
o RECORDER O D 7EDS
1750
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
O
III IIIIIIIIIII
VERIFICATION
1, Stephanie Boehm, Finance Manager for Cumberland Area Economic Development
Corporation, acknowledge I have the authority to execute this Verification on behalf of Cumberland
Area Economic Development Corporation and certify that the foregoing Complaint for Confession
of Judgment is based upon information which has been gathered by my counsel in the preparation
of the lawsuit. The language of this document is that of counsel and not my own. I have read the
document and to the extent the Complaint for Confession of Judgment is based upon information
which I have given to my counsel, it is true and correct to the best of my knowledge, information
and belief. To the extent the content of the Complaint for Confession of Judgment is that of counsel,
1 have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Cumberland Area Economic Development Corporation
B A-�
4
to anie Bo m, Finance Manager
FAF1LES \Clients \I 1527 CCED \I 1527.3 Handmade Food \I 1527.3.com.confl.wpd
Seth T. Mosebey, Esquire
A E 0 TA
ttorney I.D. No. 203046 ` # PRO H[31
MARTSON LAW OFFICES 1813 NOV
10 East High Street j "2: 41
Carlisle, PA 17013 � T y
(717) 243 -3341 PENN5�'Ly�gNIA
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
:NO. 2013 - CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000)
To: Defendants
PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY
IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU,
YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS
DETERMINED BY THE COURT.
INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED
JUDGMENT ARE SET FORTH BELOW:
Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment
(a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other county
in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only:
(i) in support of a further request for a stay of execution where the court has not
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can
demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be
denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and
may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file
an answer on or before the return of the rule. The return day of the rule shall be fixed by the court
by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions,
admissions and other evidence. The court for cause shown may stay proceedings on the petition
insofar as it seeks to open the judgment pending disposition of the application to strike off the
judgment. If evidence is produced which in a jury trial would require the issues to be submitted to
the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings
to strike off or open the judgment are pending.
(g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a
debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to
strike a judgment or regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of
subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments
entered on or after the effective date.
r
You may have other rights available to you other than as set forth in this notice. You
should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone
the office set forth below. This office can provide you with information about hiring a lawyer.
If you cannot afford to hire a lawyer, this office may be able to provide you with
information about agencies that may offer legal services to eligible persons at a reduced fee or
no fee.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249 -3166
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 icTHO' DAR,
`t
MARTSON LAW OFFICES
10 East High Street 0813 NOV _ I PH : 4
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff C OMBERL PW C GUNT 1
PENA YLVANI A
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
V.
: NO. 2013 - CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants :
CERTIFICATE OF RESIDENCE
We hereby certify that the last known addresses of the Defendants are:
Handmade Food, LLC Charles Patrick Andrews
412 Lincoln Street 412 Lincoln Street
Carlisle, PA 17013 Carlisle, PA 17013
Charles W. Andrews Dorothy B. Andrews
10 North Hanover Street 324 West South Street
Carlisle, PA 17013 Carlisle, PA 17013
The address of Plaintiff is: 53 West South Street, Carlisle, PA 17013.
MARTSON LAW OFFICES
B y : J,
Seth T. Mosebey, Esquire
Date: II / 1 /) 3 Attorneys for Plaintiff
y
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046A��d� ^ j
MARTSON LAW OFFICES -�.
10 East High Street CUMBERLAND 0@ u T��
Carlisle, PA 17013
(717) 243 -3341 PENN- SYLVANIA
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 - C' qq6 CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
AFFIDAVIT
I, Seth T. Mosebey, Esquire, attorney for Plaintiff, hereby certify, that to the best of my
knowledge, that the Confession of Judgment for Money attached is not being entered against a
natural person in connection with a consumer credit transaction.
2 z'a J. &7
Seth T. Mosebey, Esquir
Sworn to and stAbscribed
before me this day of November, 2013.
No/ary&Fablic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Soro, Cumberland County
fromrnlssion Expires Aug. 18, 2015
NS AVANIA ASSOCIATION OF NOTARIES
�
t ine PR0TH i i t t
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 13 NOV —1 42
MARTSON LAW OFFICES
10 East High Street GUM ERLA N COUNTY
Carlisle, PA 17013 PEMSYLVANIA
(717) 243 -3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 -, CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
Seth T. Mosebey, Esquire, being duly sworn according to law, deposes and says that he has
authority to make this affidavit on behalf of his client, and to the best of his knowledge, information
and belief, the Defendants Charles Patrick Andrews, Charles W. Andrews, and Dorothy B. Andrews
are not in the military service of the United States of America, that the last known addresses for the
Defendants are set forth in the Certificate of Residence. Affiant believes that Handmade Food, LLC,
is a Pennsylvania limited liability company and is not in the military service of the United States of
America.
J
Seth T. Mosebey, Esquire
Sworn to and subscribed before me
this 1,5 day of November, 2013.
** ub - 1'i V c 1'
COMMONWE OF PENNSYLVANIA
Notarlai Seat
Mary M. Price, Notary Public
cadisle eoro, Cumberland County
My Commission Expires Aug. 18, 2015
MEMBER, PENNSYLVANIA ASSOCIATION Of NOTARIES
4
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
V.
: NO. 2013 - 6 #y6 CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants :
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO PA. R.C.P. NO. 236
To: Handmade Food, LLC
412 Lincoln Street
Carlisle, PA 17013
You are hereby notified that on / / , judgment by confession was
entered against you in the above - captioned case in favor of Cumberland Area Economic
Development Corporation as follows:
Principal $11,041.30
Late Fees $ 579.80
Interest (through 10/31/2013) $ 563.69
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 2,000.00
Total: $14,684.79*
*Plus interest per diem at $1.90, along with additional costs and fees incurn- , until
paid in full.
Date:
// / / '2_6 �3
—' Prothonotary
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 2013 - 6 c/ qC) CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS, :
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants :
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO PA. R.C.P. NO. 236
To: Charles Patrick Andrews
412 Lincoln Street
Carlisle, PA 17013
You are hereby notified that on Z/ `024/3 , judgment by confession was
entered against you in the above - captioned case in favor of Cumberland Area Economic
Development Corporation as follows:
Principal $11,041.30
Late Fees $ 579.80
Interest (through 10/31/2013) $ 563.69
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 2,000.00
Total: $14,684.79*
*Plus interest per diem at $1.90, along with additional costs and fees incurred, until
paid in full. 0
Date:
Prothonotary
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
HANDMADE FOOD LLC, NO. 2013 - W6 CIVIL TERM
,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO PA. R.C.P. NO. 236
To: Charles W. Andrews
10 North Hanover Street
Carlisle, PA 17013
You are hereby notified that on f X13 , judgment by confession was
entered against you in the above - captioned case in favor of Cumberland Area Economic
Development Corporation as follows:
Principal $11,041.30
Late Fees $ 579.80
Interest (through 10/31/2013) $ 563.69
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 2,000.00
Total: $14,684.79*
*Plus interest per diem at $1.90, along wit dditio al costs and fees incurr , until
paid in full.
Date:
/ / / AiW
Prothonotary
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 - & qq6 CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
NOTICE OF ENTRY OF JUDGMENT
PURSUANT TO PA. R.C.P. NO. 236
To: Dorothy B. Andrews
324 West South Street
Carlisle, PA 17013
You are hereby notified that on �/ J /�� , judgment by confession was
entered against you in the above - captioned case in favor of Cumberland Area Economic
Development Corporation as follows:
Principal $11,041.30
Late Fees $ 579.80
Interest (through 10/31/2013) $ 563.69
Costs of Suit (estimated) $ 500.00
Attorney Fees $ 2,000.00
Total: $14,684.79*
*Plus interest per diem at $1.90, along witJ additional costs and fees incu d, until
paid in full.
Date: // Ll/�
Prothonotary
Seth T. Mosebey, Esquire + [HE PROT IGNC TAP,'`
Attorney I.D. No. 203046 2014 FEB 12 PM 1 36
MARTSON LAW OFFICES
10 East High Street CUM8ERLAND COUNTY
Carlisle, PA 17013 PENNSYLVANIA
(717) 243-3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 - 6440 CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Charles W. Andrews
A judgment in the amount of$14,684.79 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The sheriff may take your money or other
property 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone Number: (717) 249-3166
MARTSON LAW OFFICES
Y
Seth T. Mosebey, Esqu'
Attorney I.D. No. 203
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 2/jZ J�t� Attorneys for Plaintiff
Seth T. Mosebey, Esquire
i r? i HE PR TH01gCJT RY
Attorney I.D.No. 203046 1014 FEB 12 PM 1:
MARTSON LAW OFFICES
a
10 East High Street CUMBERLAND CoupjTy
Carlisle, PA 17013 PENNSYLVANIA
(717) 243-3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC : IN THE COURT OF COMMON PLEAS OF
DEVELOPMENT CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 2013 - 6440 CIVIL TERM
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Dorothy B. Andrews
A judgment in the amount of$14,684.79 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The sheriff may take your money or other
property 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone Number: (717) 249-3166
MARTSON LAW OFFICES
By:24ela J
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 2 P-01 Attorneys for Plaintiff
Ronny RAnderson
Sheriff
Jody S Smith
Chief Depu
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
, �
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Cumberland Area Economic Development Corporation
*a
Handmade Food, LLC (et at)
Case Number
2013-6440
SHERIFF'S RETURN OF SERVICE
02/102014 04:53 PM - Deputy Shawn Harrison, being duly sworn according to Ia
"personally" handing a true copy to a person representing themselve
Charles Wi||iomAndrews at1ON Hanover Street, Carlisle Borough,
quested Notice by
ndant, to wit:
3.
SON, DEPUTY
03X07Y2014 02:52 PM Deputy Michelle Gutshall, being duly sworn according to law, served the requested Notice by
"personally" handing otnuaoopy0oapersonnapreoantingthemoe|waabobedheDefendart.hov�t__----
Dorothy B Andrews at 324 Wes South Street, Carlisle Borough Carlisle, A 17013.
K8| HELL ITSHALL, DEPUTY
SHERIFF COST: $78.39 SO ANSWERS,
March 10, 2014
RON
R ANDERSON, SHERIFF
F:\FILES\Clients\11527 CCED\11527.3 Handmade Food \I1527.3.pra.writ.execution.wpd
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
CUMBERLAND AREA ECONOMIC
DEVELOPMENT CORPORATION,
Plaintiff
v.
HANDMADE FOOD, LLC,
CHARLES PATRICK ANDREWS,
CHARLES W. ANDREWS, and
DOROTHY B. ANDREWS,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2013 - 6440 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Charles W. Andrews, Defendant; and against Dorothy B. Andrews, Defendant,
(3) execute against personal property owned by Defendant Charles W. Andrews at 10 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania; and
(4) execute against personal property owned by Dorothy B. Andrews at 324 West South
Street, Carlisle, Cumberland County, Pennsylvania.
Principal Balance:
Late Fees:
Interest through 10/31/2013:
Costs of Suit (estimated):
Attorney's Fees:
Total:
$11,041.30
$ 579.80
$ 563.69
$ 500.00
$ 2,000.00
$14,684.79*
* Plus interest per diem at $1.90, along with additional costs and fees incurred, until paid on full.
4- 2e. Sb pa' % f
ii6 6°
`/ . 50 Poi #/
`'
I 5-2 e Atj
Date: SMP
1 J Lf
MARTSON LAW OFFICES
By:
Seth T. Mosebey, Esquire
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
X83/7
J,
�. Zs A» Co
L(
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
Cumberland Area Economic Development Corporation
Vs. NO 13-6440 Civil Term
CIVIL ACTION — LAW
Handmade Food, LLC
Charles Patrick Andrews
Charles W. Andrews
Dorothy B. Andrews
WRIT OF EXECUTION
(Pa R.C.P. 3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against Charles W. Andrews and Dorothy B. Andrews
Defendant (s)
(I)
you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
execute against personal property owned by Charles W. Andrews at 10 North Hanover Street, Carlisle,
Cumberland County, Pennsylvania; and execute against personal property owned by Dorothy B.
Andrews at 324 West South Street, Carlisle, Cumberland County, Pennsylvania.
(2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of
GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee 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;
(c)
the attachment shall not include
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
1
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $14,684.79 Plaintiff Paid
Interest Plus interest per diem at $1.90, along with additional costs and fees incurred, until paid on full.
Law Library $.50
Attorney's Comm. %
Attorney Paid $152.89
Date: 5/14/14
(Seal)
REQUESTING PARTY:
Name : Seth T. Mosebey, Esquire
Address: Martson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for:
Telephone: 717-243-3341
Supreme Court ID No. 203046
Due Prothonotary $2.25
Other Costs
David D. Buell, Prothonotary
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security 'benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
'OFF ICE: OF T.HE$14ERIFF
HE: r RO 1r ONOTAi
2 Ji i JUN 10 Ail 9: V/
CUMBERLAND COUNT)'
PENNSYLVANIA
Cumberland Area Economic Development Corporation Case Number
vs.
Handmade Food, LLC (et al.) 2013-6440
SHERIFF'S RETURN OF SERVICE
06/04/2014 01:46 PM - Deputies went to address provided and found it is defendant Charles Andrews new place of
business called Garden Gallery. Defendant lives at 219 N Hanover Street, , Carlisle, PA 17013, but has
minimal furnishings.
June 10, 2014
(c) CountySuite Sheriff, Toleosoft, Inc.
SO ANSWERS,
RONR ANDERSON, SHERIFF