HomeMy WebLinkAbout02-1301IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
MARK A. DAVIS
CIVIL DIVISION
ISSUE:
TYPE OF PLEADING:
CIVIL ACTION -
COMPLAINT IN REPLEVIN
Defendant.
CODE -
FILED ON BEHALF OF:
Farmers and Merchants Trust
Company of Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033'
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTs TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff, :
Defendants. :
MARK A. DAVIS,
CIVIL DIVISION
NO.:
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP:
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff, :
:
..
Defendants. :
MARK A. DAVIS,
CIVIL DIVISION
NO.: (..3~ -- / 30I
AVISO
USTED HA SIDe DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro
de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o per medio de un abogado una comparenccncia escrita y radicando en la Corte
per escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe ant¢fiormente, el case puede
preceder sin usted y un fallo per cualquicr suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remcdio solicitado per el demandante puede ser dictado en contra suya per la
Corte sin mas aviso adicional. Usted puede perder dinero o propicdad u otros dcrechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST COMPANY :
OF CHAMBERSBURG, :
Plaintiff, :
V. :
MARK A. DAVIS, :
:
Defendants. :
CIVIL ACTION - COMPLAINT IN REPLEVIN
AND NOW, comes Farmers and Merchants Trust Company of Chambersburg, by and
through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint in
Replevin against Defendant, Mark A. Davis, as follows:
1. The Plaintiff, Farmers and Merchants Trust Company of Chambersburg, is a
banking institution authorized to conduct business in the Commonwealth of Pennsylvania, with
its principal office located at P. O. Box "T", 20 South Main Street, Chambersburg, Pennsylvania
17201 ("Plaintiff").
2. The Defendant is Mark A. Davis, an adult individual residing within the
Commonwealth of Pennsylvania, whose last known address is 107 Hammond Road,
Shippensburg, Franklin County, Pennsylvania 17257 (hereinafter referred to as "Defendant").
3. On or about December 15, 1999, Defendant executed a Promissory Note in favor
of Plaintiff in the original principal amount of $24,000.00. A true and correct copy of said Note
is marked Exhibit "A", attached hereto and made a part hereof.
4. As security for the Note, Defendant executed an Commercial Security Agreement,
dated December 15, 1999 ("Security Agreement"), granting Plaintiff a first priority lien on a
CIVIL DIVISION
NO.:
certain Warner & Swasey Track Excavator H550 Model #550CR, SN58-149 ("Excavator"). A
true and correct copy of said Security Agreement is marked Exhibit "B", attached hereto and
made a part hereof.
5. Defendant is the record and real owner of the aforesaid Excavator.
6. Defendant is in default under the terms of the aforesaid Note and Security
Agreement, as the result of, inter alia, their failure to make monthly payments of principal and
interest when due thereunder.
7. Due to Defendant's default under the aforesaid Security Agreement, Plaintiff is
entitled to immediate possession of the Excavator.
8. The amount due and owing Plaintiff by Defendant, as of March 11, 2002, is
$21,364.46, itemized as follows:
Principal Sum
Interest to 2/1/01
Late Charges
Attorneys' Fees and Costs
(10% of Total Amount Due)
$18,022.97
$ 1,217.29
$ 181.98
$ 1,942.22
TOTAL $21,364.46
plus interest from March 11, 2002, at the rate of $4.63 per diem, plus additional late charges and
costs and additional attorneys' fees and costs, and for possession of the Excavator.
9. Plaintiff avers that the value of the Excavator is approximately $5,000.00 and is
in the Defendant's possession with its exact whereabouts believed to be 107 Hammond Road,
Shippensburg, Pennsylvania 17257.
10. The Plaintiff is entitled to immediate possession of the Excavator in Defendant's
possession and has demanded same from the Defendant, who has failed and refused to deliver
same to Plaintiff.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for
possession of the Excavator or, in the alternative, judgment for the value of the Excavator,
$5,000.00, plus interest at the rate of $4.63 per diem, 15om March 11, 2002, plus additional late
charges and costs and additional attorneys' fees and costs.
DATED:
JAMES, SMITH, DURKIN & CONNELLY LLP
cott A. Die~ n~quire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
EXHIBIT "A"
PROMISSORY NOTE
References in th~ Sl~ded area are'io'r i_;~er,s u;e 0nly and ~;;;~l~;iity' I
Borrower:
Mark A. Davis (SSN: 095-50-9557)
107 Hammond Road
Shippensburg, PA 17257
Lender: FARMERS AND MERCHANTS TRUST
CHAMBERSBURG
MEMORIAL SQUARE OFFICE
20 SOUTH MAIN STREET
P. O. BOX 6010
CHAMBERSBURG, PA 17201-6010
COMPANY OF
Principal Amount: $24,000.00 Date of Note: December 15, 1999
PROMISE TO PAY. I promise to pay to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG ("Lender"), or order, in lawful
money of the United States of America, the principal amount of Twenty Four Thousand & 00/100 Dollars ($24,000.00), together with interest on
the unpaid principal balance from December 15, 1999, until paid in full.
PAYMENT. I will pay this loan in accordance with the following payment schedule:
19 consecutive quarterly principal and interest payments of $1,516.43 each, beginning March 25, 2000, with interest
calculated on the unpaid principal balances at an interest rate of 9.250% per annum; and 1 principal and interest payment of
$1,516.51 on December 25, 2004, with interest calculated on the unpaid principal balances at an interest rate of 9.250% per
annum. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled; the
actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts
under this Note.
Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in
a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender
at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law,
payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by
Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal
balance due and may result in me making fewer payments.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 6.000% of the regularly scheduled payment.
DEFAULT. I will be in default if any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to
Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement
related to this Note, or in any other agreement or loan I have with Lender. (c) I default under any loan, extension of credit, security agreement,
purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability
to repay this Note or perform my obligations under this Note or any Of the Related Documents. (d) Any representation or statement made or furnished
to Lender by me or on my behalf is false or misleading in any material respect either now or at the time made or furnished. (e) I die or become
insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either
by me or against me under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of my property on or in which Lender has a lien or
security interest. This includes a garnishment of any of my accounts with Lender. (g) Any of the events described in this default section occurs with
respect to any guarantor of this Note. (h) A material adverse change occurs in my financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired. (i) Lender in good faith deems itself insecure.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Upon default, including failure to pay upon final maturity,
Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note 2.000 percentage points. The interest rate will
not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not
there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or
injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, I also will pay any court costs, in
addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after
judgment at the existing interest rate provided for in this Note. This Note has been delivered to Lender and accepted by Lender in the
Commonwealth of Pennsylvania. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Franklin
County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
DISHONORED ITEM FEE. I will pay a fee to Lender of $25.00 if I make a payment on my loan and the check or preauthorized charge with which I pay
is later dishonored.
RIGHT OF SETOFF. I grant to Lender a contractual security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender ali my right,
title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held
jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the
grant of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by appricable law, to charge or setoff all sums owing
on this Note against any and all such accounts.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise express y stated in writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser, shalr be released from liability. All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the
collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made.
12-15-1999 PROMISSORY NOTE Page 2
I. oan No (Continued)
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE
AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
Sign,s:i, ~Jl~knqlWl~clg~a"~'~elivered in the presence of:
Witness
Witness
LENDER:
FARMERS AND MERC.~I~M~TS TRUST COMPANY OF CHAMBERSBURG
Authorized Officer
Fixed Ra, te, Irregular. LASER PRO, Reg, U.S. PaL & T.M. Off,, Vet. 3.27 (c) 1999 CFI PmServices, Inc. AIl dghts reserved. [PA-D20 DAVISMA,LN C45 OVL]
EXHIBIT "B"
SECURITY AGREEMENT
P~iP'~IP:a L0an~a:te Maturity :l.~rt N° ca c~atera Account Officer Ini~91~
~ Retar~ces in ~e s~d~ ar~a are for ~ende~s .... nl~ ~ed do not limit the appl~abili~ 0f this ~ument to any pa~icular loan or ~em.
Borrower: Mark A. Davis (SSN: 095-50-9557) Lender:
107 Hammond Road
Shippensburg, PA 17257
FARMERS AND MERCHANTS TRUST COMPANY OF
CHAMBERSBURG
MEMORIAL SQUARE OFFICE
20 SOUTH MAIN STREET
P. O. BOX 6010
CHAMBERSBURG, PA 17201-6010
THIS SECURITY AGREEMENT iS entered into between Mark A. Davis (referred to below as "Grantor"); and FARMERS AND MERCHANTS
TRUST COMPANY OF CHAMBERSSURG (referred to below as "Lender"). For valuable consideration, Grantor grants to Lender a security
interest in the Collateral to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to
the Collateral, In addition to all other rights which Lender may have by law.
DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement
shall have the meanings attributed to such terms in the Uniform Commemial Cede. All references to dollar amounts shall mean amounts in
money of the United States of Amehca.
Agreement. The word "Agreement" means this Security Agreement, as this Security Agreement may be amended or moditied from time to time,
together with ail exhibits and schedules attached to this Security Agreement from time to time.
Collateral. The word 'Collateral" means the following described property of Grantor, whether now owned or hereafter acquired, whether now
existing or hereafter arising, and wherever located:
Warner & Swasey Track Excavator H550, Model #550CR, SN-58149
ta addition, the word "Collataral" includes all the following, whether now owned or hereafter acquired, whether now existing or hereafter arising,
and wherever located:
(a) All attachments, accessions, accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions tor
any property described above.
(bi All products and produce of any of the property described in this Collateral section.
(c) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, er other
dispasition of any of the properly descobed in this Collateral section,
(d) All proceeds (nc ud ng nsurance proceeds) Item the sale destruction loss, or other disposition of any of the property described in this
Coltateral section. ' '
(e) All records and data relating to any of the propady described in this Collateral section, whether in the form of a writing, photograph,
microfilm, microfiche, or electronic media, together with all of Grantar*s right, title, and interest in and to all computer sottware required to
ugiize, create, maintain, and process any such records or data on electronic media.
Event of Default. The words "Event of Default" mean and include without limitation any of the Events of Default set forth below in the section
titled "Events of Default."
Grantor, The word "Grantor*' means Mark A. Davis.
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connection with the Indebtedness.
Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note, including all principal and interest, together with all
other indebtedness and costs and expenses for which Grantor is responsible under this Agreement or under any of the Related Documents. In
addition, the word "Indebtedness" includes all other oblig~.tions, debts and liabilities, plus interest thereon, of Grantor, or any one or more of
them, to Lender, as well as ail claims by Lender against Grantor, or any one or more of them, whether existing now or later; whether they are
voluntary or involuntsry, due or not due, direct or indirect, absolute or cord[ogent, liquidated or uniiquidated; whether Grantor may be liable
individually or jolnity with others; whether Grantor may be obligated as guarantor, surety, accommodation party or otherwise; whether recovery
upon such indebtedness may be or hereafter may become barre~J ~y any statute of limitations; and whether such indebtedness may be or
hereafter may become otherwise unenforceable. (Initial Here )
Lender. Tl~e word '*Lender" means FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, its successors and assigns.
Note. The word "Note" means the note or credit agreement dated December 15, 1999, in the principal amount of $24,000.00 from Mark A. Davis
to Lender, together with all renewals of, extensions of, moditications of, refinancings of, coneclidetions of and substitutions for the note or credit
agreement.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the indebtedness.
RIGHT OF SETOFF. Grantor hereby grants Lender a contractual security interest in and hereby assigns, conveys, delivers, pledges, and transtars all
et Grantor*s right, title and interest in and to Grahtor*s accounts with Lender (whether checking, savings, or some other account), incJuding all
accounts held joinity with someone else and all accounts Grantor may open in the future, excluding, however, all IRA and Keogh accounts, and all
trust accounts for which the grant of a security interest would be prohibited by law. Grantor authorizes Lender, to the extent permitted by applicable
law, to charge or seto~f all Indebtedness against any and ail such accounts.
OBLIGATIONS OF GRANTOR. Grantor warrants and covenants to Lender as fol~ows:
Perfection of Security Interest. Grantor agrees to execute such financing statements and to take whatever other actions are requested by
Lender to pertect and continue Lender's security interest in the CollatsraL Upon request of Lender, Grantor will deliver to Lender any and a~l of
the documents evidencing or constituting the Collateral, and Grantor will note Lender's interest upon any and all chattel paper if not delivered to
Lender for possession by Lender. Grantor hereby appoints Lender as its irrevocable attorney-in-fact for the purpose uf executing any
documents n~cessary to perfect or to continue the security interest granted in this Agreement~ Lender may at any time, and without futther
authorization from Grantor, file a carbon, photographic or other reproduction of any financing statement or of this Agreement for use as a
financing statement. Grantor will reimburse Lender for atl expanses for the pedection and the continuation of the perfection of Leader's security
interest in the Collateral. Grantor promptly will notify Lender before any change [n Grantor's name including any change to the assumed
business names of Grantor. This is a continuing Security Agreement and will continue In effect even though all or any part of the
Indebtedness ts paid in full and even though for a period of time Grantor may not be Indebted to Lender.
NO Violafton. The execution and delivery of this Agreement will not violate any law or agreement governing Grantor or to which Grantor is a
Enforceability et Collateral. To the extent the Collaterol consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable
in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution,
and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be
on the ColtataraL
Removal of Collateral. Grantor shall keep the Collateral (or to the extent the Collateral consists of intangible property such as accounts, the
records concerning the Collateral) at Grantor's address shown above, or at such other locations as are acceptable to Lender. Except in the
ordinary course of its business, including the sales of inventory, Grantor shall not remove the Collateral from its existing locations without the prior
written consent of Lender. To the extent that the Collateral consists of vehicles, or other titled property, Grantor shall not take or permit any
action which would require application for certificates of title for the veh c es outside the Commonwealth of Pennsylvania without the prior written
consent of Lender.
Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor's business, Grantor shall
not sell, otter to sell, or otherwise transfer or dispose of the Collateral. Grantor shall not pledge, mortgage, encumber or otherwise permit the
Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement,
without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this
Agreement. Unless waived by Lender, all p~oceeds frorr~ any disposition of the Collateral (for whatever reason) shall be held in trust lot Lender
12-15-1999 SECURITY AGREEMENT Page 2
Loan No (Continued)
and shall not be cornn~ingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or
other disposition. Upon receipt, Grantor shall immediately deliver any such proceeds to Lender.
Title. Grantor represents and warrants to Lender that it holds good and marketable title to the Collateral, free and clear of all liens and
encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other
than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Grantor shal~ defend
Lender's rights in the Collateral against the claims and demands of all other persons.
Cotlateral Schedules and Locations. Insofar as the Collateral consists of equipment, Grantor shall deliver to Lender, as often as Lender shall
require, such lists, descriptions, and designations of such Collateral as Lender may require to identify the nature, extent, and location of such
Collateral. Such information shall be submitted for Grantor and each of its subsidiaries or related companies.
Maintenance and Inspection et Cogateral. Grantor shall maintain all tangible Collateral in good condition and repair. Grantor will not commit
or permit damage to or destruction of the Collateral or any port of the Collateral. Lender and its designated representatives and agents shall
have the right at all reasonable times to examine, inspect, and audit the Collateral wherever located. Grantor shall immediately notify Lender of
all cases involving the return, rejection, repossession, 1ess or damage of or to any Collateral; of any r~quest for credit or adjustment or of any
other dispute arising with respect to the Collateral; and generally of alt happenings and events affecting the Collateral or the value or the amount
of the Collateral.
Taxes, Assessments and Liens. Grantor will poy when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this
Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the other Related Documents. Grantor may
withhold any such poyment or may elect to contest any lien if Grantor is in pood faith conducting an appropriate proceeding to contest the
obligation to poy and so long as Lender's interest in the Collataral is not jeopardized in Lender's sole opinion. If the Collateral is subjected to a
lien which is not discharged within fifteen (15) days, Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security
satisfactory to Lender in an amount adequate to provide for the discharge of the lien plus any interest, costs, attorneys' fees or other charges that
could accrue as a result of foreclosure or sale of the Collateral. In any contest Grantor shall defend itself and Lender and shall satisfy any final
adverse judgment before enforcement against the Collateral. Grantor shall name Lender as an additional obligee under any surety bond
furnished in the contest proceedings.
Compliance With Governmental Requirements. Grantor shall comply promptly with all laws, ordinances, rules and regulations of all
povernmental authorities, now or hereafter in effect, applicable to the ownership, production, disposition, or use el the Collateral. Granter may
contest in good faith any such law, ordinance or regulation and withhold compliance during any proceeding, including appropriate appeals, so
long as Lender's interest in the Coltsteral, in Lender's opinion, is not jeopardized.
Hazardous Substances. Grantor represents and warrants that the Collateral never has been, and never will be so long as this Agreement
remains a llen on the Collateral, used for the generation, manufacture, storage, transportation, treatment, disposal, release or threatened release
of any hazardous waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, 42 U.S.C. S~ction 9601, et seq. ("CERCLA'), the Supertund Amendments and Reauthorization Act of 1986, Pub. L. No.
99~499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resoume Conservation and Recovery Act, 42
U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the forepoing. The terms
"hazardous waste" and "hazardoUs substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Collateral for
hazardous wastes and substances. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs, under any such laws, and (b) agrees to indemnity and bold harmless Lender against
any and all claims and losses resulting from a breach of this provision of this Agreement. This obligation to indemnity shall survive the payment
of the Indebtedness and the satisfaction et this Agreement.
Maintenance of Casualty Insurance. Grantor shall procure and maintain all risks insurance, including without limitation tire, theft and Jiability
coverage together with such other insurance as Lender may require with respect to the Collateral, in form, amounts, coverages and basis
reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender,
will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages
will not be cancelled or diminished without at least ten (10) days' prior written notice to Lepder and not including any disclaimer of the insurer's
liability for failure to give such a notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will
not be impaired in any way by any act, omission or default of Grantor or any other person. In connection with all policies covering assets in
which Lender holds or is offered a security interest, Grantor will provide Lender with such loss payable or other endorsements as Lender may
require. If Grantor at any time fails to obtain er maintain any insurance as required under this Agreement, Lender may (but sball not be obligated
to} obtsio such insurance as Lender deems appropriate, including if it so chooses "single interest insurance," which will cover only Lender's
interest in the Collateral.
Application of insurance Proceeds. Grantor shall promptly notity Lender of any loss or damage to the Collateral. Lender may make proof of
loss if Grantor fails to do so within fifteen (15) days of the casualty. All proceeds of any insurance on the Collateral, including accrued proceeds
thereon, shall be held by Lender as part of the Collateral. If Lender consents to repair or replacement of the damaged or destroyed Collateral,
Lender shall, upon satisfactory proof of expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration.
If Lender does not consent to repair or replacement of the Collateral, Lender shall retain a sufficient amount of the proceeds to pay all of the
Indebtedness, and shall poy the balance to Grantor. Any proceeds wh;ch have not been disbursed within six (6) months after their receipt and
which Grantor has not committed to the repair or restoration of the Collateral shall be used to prepay the Indebtedness.
insurance Reserves. Lender may require Grantor to maintain with Lender reserves for payment of insurance premiums, which reserves shall be
created by monthly payments from Grantor of a sum estimated by Lender to be sufficient to produce, at least fifteen (15) days before the
premium due date, amounts at least equal to the insurance premiums to be paid. If fifteen (15) days before payment is due, the reserve funds
are insufficient, Grantor shall upon demand pay any deficiency to Lender. The reserve funds shall be held by Lender as a general deposit and
shall constitute a non-interest-bearing account which Lender may satisfy by payment of the insurance premiums required to be paid by Grantor
as they become due. Lender does not hold the reserve funds in trust for Grantor, and Lender is not the agent of Grantor for payment of the
insurance premiums required to be poid by Grantor. The respooslbllity for the payment of premiums shall remain Grantor's sole responsibility.
insurance Reports. Grantor, upon request of Lender, shall furnish to Lender reports on each existing policy of insurance showing such
information as Lender may reasonably request including the following: (a) the name of the insurer; (b) the risks insured; (c) the amount el the
policy; (d) the property insured; (e) the then current value on the basis of which insurance has been obtained and the manner of determining
that value; and (f} the expiration date of the policy. In addition, Grantor shall upon request by Lender (however not more often than annually}
have an independent appraiser satisfactory to Lender determine, as applicable, the cash value or replacement cost of the Collateral.
GRANTOR'S RIGHT TO POSSESSION. Until default, Grantor may have possession of the tangible personal properb/ and beneficial use of all the
Collateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Dccuments, provided that Granteds right to
possession and beneficial use shall not apply to any Collateral where possession of the Collateral by Lender is required by law to pedect Lender's
security interest in such Collateral. If Lender at any time has possession of any Collateral, whether before or after an Event of Default, Lender shall be
deemed to have exemised reasonable care in the custody and preservation of the Collateral if Lender takes such action for that purpose as Grantor
shall request or as Lender, in Lender's sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor
shall not of itself be deemed to be a failure to exercise reasonable care. Lender shall not be required to take any steps necessary to preserve any
rights in the Collateral against prior parties, nor to protect, preserve or maintain any security interest given to secure the Indebtedness.
EXPENDITURES BY LENDER. if not discharged or po[d when due, Lender may (but shall not be obligated to) discharge or pay any amounts
required to be discharged or poid by Grantor under this Agreement, including without limitation all taxes, liens, security interests, encumbrances, and
other claims at any time levied or placed on the Collateral. Lender also may (but shall not be obligated to) pay all costs for insuring, maintaining and
preserving the Collateral All such expenditures incurred or paid by Lender for such purposes w then bear ntarest a be rate charged under the
Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses shall become a part of the thdebtedness and,
at Lender's option, will (a) be poyable on demand, (b) be added to the balance of the Note and be apportioned among and be poyable with any
installment payments to become due during either (i) the term of any applicable insuraose policy or (ii) the remaining term of the Note, or (c) be
treated as a balloon poymeot which will be due and payable at the Note's maturity. This Agreement also wiII secure payment of these amounts. Such
right shall be in addition to all other dghts and remedies to which Lender may be entitled upon the occurrence of an Event of Default.
EVENTS OF DEFAULT. Each of the following shail constitute an Event of Default under this Agreement:
Default on Indebtedness. Failure of Grantor to make any payment when due on the indebtedness.
Other Defaults. Failure of Grantor to comply with or to podorm any other term, obligation, covenant or condition contained in this Agreement or
in any of the Related Documents or in any other agreement between Lender and Grantor.
Default in Favor of Third Parties. Should Borrower or any Grantor detau[t under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
12-15-1999 SECURITY AGREEMENT Page 3
Loan No (Continued)
False Statements. Any warranty, representation or statement made or lurnisbed to Lender by or on behalf of Grantor under this Agreement, the
Note or the.Related Documents is false or misleading in any matedal respect, either now or at the time made or furnished.
Defective Cotiateralization. This Agreement or any of the Related Documents ceases to be in full tome and effect (including failure of any
coliatara/documents to create a valid and perfected security interest or lien) at any time and for any reason,
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grunter's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor,
Creditor or Forfeiture Proceedings. Commencement el foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against the Collateral or any other collateral
securing the indebtedness. This includes a garnishment of any of Grantor's deposit accounts with Lender.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor
dies or becomes incompetent.
Adverse Change. A material adverse change occurs in Grunter's financial condition, or Lender believes the prospect of payment or
performance ol the Indebtedness is impaired.
Insecurity. Lender, in good faith, deems itself insecure,
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Agreement, at any time thereafter, Lender shall have alt the rights ct
a secured party under the Pennsylvania Uniform Commercial Code. In addition and without limitation, Lender may exercise any one or more of the
following rights and remedies:
Accelerate Indebtedness. Lender may declare the entire Indebtedness, including any prepayment penalty which Grantor would be required to
pay, immediately due and payable, without notice.
Assemble Collateral. Lender may require Grantor to deliver to Lender all or any portion of the Collateral and any and all certificates of tit~e and
other documents relating to the Collateral Lender may require Grantor to assemble the Collateral and make it available to Lender at a place to
be designated by Lender, Lender also shall have fuII power to enter upon the property of Grantor to take possession of and remove the
Collateral. If the Collateral contains other goods not covered by this Agreement at the time of repossession, Grantor agrees Lender may take
such other goods, provided that Lender makes reasonable efforts to return them to Grantor after repossession.
Sell the Collateral. Lender shall have full power to sell, lease, transfer, or otherwise deal with the Collateral or proceeds thereof in its own name
or that of Grantor, Lender may sell the Collateral at public auction or private sale. Unless the Collateral threatens to decline speedily in value or
is of a type customarily sold on a recognized market, Lender wi)l give Grantor reasonable notice of the time after which any private sale or any
other intended disposition of the Collateral is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten
(10} days before the time of the sale or disposition. AiJ ~xpeases relating to the disposition of the Collateral, including without limitation Lhe
expenses of retaking, ho~ding, insuring, preparing for sale and selling the Ccttstaral, shall become a part of the thdebtedness secured by this
Agreement and shalJ be payable on dame?d, with interest at the Note rate from date of expenditure until repaid.
Appoint R~ceiver. To the extent permitted by applicable law, Lender shall have the following rights and remedies regardln9 the appointment of
a receiver: (a) Lender may have ~ receiver appointed as a matter of right, (b) the receiver may be an employee of Lender and may serve
without bond, and (c) all fees of the receiver and his or her attorney shall become pad of the Indebtedness secured by this Agreement and shall
be payable on demand, with interest at the Note rate from date of expenditure until repaid.
Collect Revenues, Apply Accounts. Lender, either itseg or through a receiver, may collect the payments, rents, income, and revenues from the
Collateral Lender may at any time in its discretion transfer any Collateral into its own name or that ct its nominee and receive the payments,
rents, income, and revenues therefrom and hold the same as security for the Indebledness or apply it to payment of the Indebtedness in such
order of preference as Lender may detarmine. Insofar as the Collateral consists of accounts, general intangibles, insurance policies, instruments,
chattel paper, choses in action, or similar property, Lender may demand, collect, receipt for, settle, compromise, adjust, sue for, foreclose, or
realize on the Co~lateral as Lender may determine, whether or not Indebtedness or Collateral is then due. For these purposes, Lander may, on
behalf of and in the name of Grantor, receive, open and dispose of mail addressed to Grantor; change any address to which mail and payments
are to be sent; and endorse notes, checks, drafts, money orders, documents of title, instruments and items pertaining to payment, shipment, or
storage of any Collateral. To facilitate collection, Lender may notgy account debtors and obligors on any Collateral to make payments directly to
Lender.
Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a iudgment against Grantor for any deficiency
remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement.
Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.
Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform
Commercial Code, as may be amended from lime to time. In addition, Lender shall have and may exercise any or all other rights and remedies it
may have available at law, in equity, or otherwise.
Cumulative Remedies. All of Lender's rights and remedies, whether evidenced by this Agreen~nt or the Related Documents or by any other
writing, shall ha cumulative and may be exercised singularly or concurrently. Election by Leoder to pursue any remedy shall not excinde pursuit
of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after
Grunter's failure to perform, sha~l not affect Lender's right to declare a default and to exercise its remedies.
MISCELLANEOUS PROVISIONS. The following miscellanecus provisions are a part of this Agreement:
Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to
the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by
the pady or parties sought to be charged or pound by the alteration or amendment.
Applicable Law. This Agreement has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a
iawsuti, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, the Commonwealth of Pennsylvania,
T~is Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Attorneys' Fees; Expenses. Grantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's
legal expenses, incurred in connection with the enforcement of this Agreement. Lender may pay someone else to help enforce this Agreement,
and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and iagal expenses
whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Grantor also shall pay all court costs
and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Notices. All notices reduired to be given under this Agreement shall be given in writing, may be sent by telefacsimile (unless otherwise required
by law), and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier or deposited in the
United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown above. Any path/
may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the
notice is to change the party's address. To the extent permtited by applicable law, it there is more than one Grantor, notice to any Grantor will
constitute notice to all Grantors. For notice purposes, Grantor will keep Lender informed at all times of Grantor's current address(es).
Power of Attorney. Grantor hereby appoints Lender as its true and lawful attorney-in-fact, irrevocably, with full power of substitution to do the
following: (a) to den~nd, collect, receive, receipt for, sue and recover all sums of money or other property which may now or hereafter become
due, owing or payable from the Collataral; (b) to execute, sign and endorse any and all claims, instruments, receipts, checks, drafts or warrants
issued in payment for the Collateral; (c) to settle or compromise any and all claims arising under the Co[lateral, and, in the place and stead of
Grantor, to execute and deliver its release and settlement for the claim; and (d) to file any claim or claims or to take any action or institute or take
par~ in any proceedings, either in its own name or in the name of Grantor, or otherwise, which in the discretion of Lender may seem to be
necessary or adiasable. This power is given as security for the Indebtedness, and the authorit7 hereby conferred is and shall be irrevocable and
shalJ remain in full force and effect until renounced by Lender.
Severabgity. tt a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or
circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any
such offending provision shall be deemed to be rr~dified to be within the limits of enforceability or validgy; however, if the offending provision
cannel be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
Successor Interests. The terms of this Agreement shal~ be biod[ng upon Grantor, and upon Granthr's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
12-15-1999 SECURITY AGREEMENT Page 4
Loan No (Continued)
Waiver. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by
Lender. No.delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by
Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with
that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall
constitute a waiver of any of Lender's dghts or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lander is
required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS SECURITY AGREEMENT~ AND GRANTOR AGREES TO ITS
TERMS. THIS AGREEMENT IS DATED DECEMBER 15, 1999.
THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GRANTOR:
.,.-7 /'// , /~
MarkA' Davl~{ ~r
Slgn~cl~e~e~d de. red in the presence of:
Witness
LENDER:
Authorized Officer
LASER PRO, Rag U S. Pal & T.M. Off.. Var 327 (c) 1999 CFI ProSe~'ices, Inc All dohts rase[veal. IRA-E40 OAVtSMA LN C45 OVL]
VERIFICATION
I, Scott A. Dietterick, Attomey for Farmers and Merchants Trust Company of
Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to
unswom falsification to authorities that the facts set forth in the foregoing Complaint in Replevin
are tree and correct to the best of my infmmation, knowledge and belief.
Scott ~. 1~ let e~'~ck
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CiVIL DIVISION
COMPANY OF CHAMBERSBURG,
No.: 02-1301 CiVIL
Plaimiff,
ISSUE NUMBER:
VS.
MARK A. DAVIS
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Replevin)
Defendant.
I Hereby certify that the last known address
of Defendant(s) is/are:
S co~"'A. [~ie~, Esquire
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorney for Plaintiff
JAMES, SMITH, DURK1N & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff, :
:
:
Defendants. :
MARK A. DAVIS,
TO:PROTHONOTARY
CIVIL DIVISION
NO.: 02-1301 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
SIR/MADAM:
Please enter a default judgment in replevin for possession of that certain Warner & Swasey
Track Excavator H550 Model #550CR, SN58-149 ("Excavator"), or, in the alternative, for the
value of the Excavator, $5,000.00 plus interest, additional late charges and costs and additional
attorneys' fees and costs.
7ES, SM~ELLY
Scott A. DYett~-icl~ Esquire
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LLP
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant is not in the military service of the Un/ted States of America to the best of his
knowledge, information and belief and certifies that the Notice of Intent to take Default
Sworn to and subscribed before me
this~day of ~.¢L,Z/ ,2002.
Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sco~t ArB ~tterick, Esquire
Notary Public
My Commission Expires:
F NOTARIAL SEAL
MICHELLE ELLIOTT, NOTARY PUBLIC
HU¥11ELSTOWN, DAUPHIN coUNTY, PA
XmE$ oo3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff,
MARK A. DAVIS,
Defendants.
CIVIL DIVISION
NO.: 02-1301 Civil Term
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Mark A. Davis
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgrnent is as follows: For possession of that certain Warner &
Swasey Track Excavator H550 Model #550CR, SN58-149 ("Excavator"), or, in the alternative,
for the value of the Excavator, $5,000.00 plus interest, additional late charges and costs and
additional attorneys' fees and costs.
CASE NO: 2002-0130~ 2
C~MMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST
VS
DAVIS MARK A
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
DAVIS MARK Athe
DEFENDANT at 0013:50 HOURS, on the 21st day of March
at 107 HAMMOND ROAD
, 2002
SHIPPENSBURG, PA 17257
MARK A. DAVIS
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18o00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
03/22/2002 '
JAMES, SMITH, D_URKIN, CON-NELLY /I
By: .-.
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff,
MARK A. DAVIS,
TO:
Defendants.
IMPORTANT NOTICE
Mark A. Davis
107 Hammond Road
Shippensburg, PA 17257
DATE OF NOTICE: April 15, 2002
CIVIL DIVISION
NO.: 02-1301 Civil Tram
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff, :
Defendants. :
MARK A. DAVIS,
CIVIL DIVISION
NO.: 02-1301 Civil Term
AVISO IMPORTANTE
A. Mark A. Davis
FECHA DEL AVISO:
ApfitlS, 2002
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO 12NMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
DATE:
Phone (717) 249-3166
(800) 990-9108
JAMES, SMIT~NNELLY LLP
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
MARK A. DAVIS and
JANET G. DAVIS,
Plaintiff,
Defendants.
CIVIL DIVISION
NO.: 02-1301 Civil Term
ISSUE NO.:
TYPE OF PLEADING:
PRAECIPE FOR WRIT
OF POSSESSION
CODE:
Filed on Behalf of
Plaintiff: Farmers and Merchants Trust
Company of Chambersburg
Counsel of Record for this
Party:
Scott A. Dietterick, Esq.
Pa. I.D. g55650
JAMES, SMITH, DURKIN &
CONNEI J~Y ~ J .P
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff, :
Defendants. :
VS.
MARK A. DAVIS and
JANET G. DAVIS,
CIVIL DIVISION
NO.: 02-1301 Civil Temi
PRAECIPE FOR WRIT OF POSSESSION
Kindly issue a Writ of Possession in favor of Plaintiff, Farmers and Merchants Trust
Company of Chamhersburg and against Defendants, Mark A. Davis and Janet G. Davis, for
possession of the certain excavator, Warner & Swasey Track Excavator H550 Model ~550CR,
SN58-149, located at 107 Hammond Road, Shippensburg, PA 17257.
Respectfully submitted,
JAMES, SMITH, DURKIN &
CONNEI J~Y
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
MARK A. DAVIS and
JANET G. DAVIS,
Plaintiff, :
Defendants. :
CIVIL DIVISION
NO.: 02-1301 Civil Term
WRIT OF POSSESSION
To the Sheriff of Cumberland County:
To satisfy the judgment for possession in the above matter you are directed to
deliver possession of the following described property to Scott A. Dietterick, Esquire:
Warner & Swasey Track Excavator 1-1550 Model #550CR, SN58-149,
located at 107 Hammond Road, Shippensburg, PA 17257.
Seal of the Court
Date:
Prothonotary
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
MARK A. DAVIS
JANET G. DAVIS,
Phintiff
Defendants
Docket No. 02-1301 Civil Term
Where papers may be sent:
Scott A. Dietterick, Esquire
P.O. Box 650
Hershey, PA 17033
717-533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST : CIVIL DIVISION
COMPANY OF CHAMBERSBURG, :
Plaintiff, NO.: 02-1301 Civil Term
VS.
MARK A. DAVIS
Defendant.
ISSUE NO.:
TYPE OF PLEADING:
AMENDED PRAECIPE FOR WRIT
OF POSSESSION
CODE:
Filed on Behalf of
Plaintiff.' Farmers and Merchants Trust
Company of Chambersburg
Counsel of Record for this
Party:
Scott A. Dietterick, Esq.
Pa. I.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
MARK A. DAVIS
Plaintiff, :
:
Defendant. :
CIVIL DIVISION
NO.: 02-1301 Civil Term
AMENDED PRAECIPE FOR WRIT OF POSSESSION
Kindly issue an Amended Writ of Possession in favor of Plaintiff, Famiers and Merchants
Tms~ Company of Chambersburg and against Defendant, Mark A. Davis, for possession of the
certain excavator, Warner & Swasey Track Excavator H550 Model #550CR, SN58-149, located at
107 Hammond Road, Shippensburg, PA 17257.
Respectfully submitted,
JAMES, SMITH, DURKIN &
CONNELLY LLP
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERS
VS.
MARK A. DAVIS
107 Hammond Road
Shippensburg PA 17257
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-]301 C_IVI L Term
No. Term
Costs
Att'y. g06.85
PI' ff (s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CUMBERLAND
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Farmers and Merchants Trust Co. of Chambersburg/Scott A. Dietterick, Esq.
Plaintiff (s)
being: (Premises as follows):
A certain excavator, Warner
Excavator #550 Model #550CR,
located at 107 Hammond Road,
PA 17257.
& Swasey Track
SN58-149,
Shippensburg
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
May 20, 2002
(SEAL)
CURTIS R. LONG
Prolhon~a~j, Common Pleas~ourt ~ Cumbeflan,d County, Pennsylvania
~,/ ' 6/ Deputy
By virtue of this writ, on the day of
I caused the within named , to
have possession of the premises described with the appurtenances, and WRIT OF EXECUTION RI~URNED
STAYED AS PER ATTORNEY, PLAINTIFF DECLINED POSSESSION OF SAID EXCAVATOR
f~.if f ' s Costs:
t~?. ~O~c~,in~ ~8. oo
' ¥ ~Po und'a~e 1.58
~ ~age ~ ~. 10.35
~ ~'~,; p6ss~ssio~ 3o.oo
oo
~ c ~:(""?' 7-~ ~' ,~. 80.93
Sworn and subscribed to before me this ''~
dayof %~_~
Prothonotary
Advance Costs: 100.00
Sheriff's Costs 80.93
19_07