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HomeMy WebLinkAbout06-5577IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: DC. ,?$ lC? L? Plaintiff, VS. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the complaint filed in this action, I appear for Defendants and confess judgment in favor of the Plaintiff and against the Defendants in the amount of $193,193.93 as follows: Unpaid Principal Balance Due on Note $156,648.75 Unpaid Interest at the Note rate from $4,115.20 March 15, 2006 through August 10, 2006 Late Charges $227.19 Attorney's commission of 20% of the 2 152.79 principal and interest due as provided under the Note TOTAL $193,193.92 Plus costs of suit and interest at the rate of 5.75°/ per annum u it paid. Atto s for Defendant #2001517-v] 6 ,t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: Plaintiff, COMPLAINT FOR CONFESSION OF JUDGMENT vs. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. I hereby certify that the precise address of the Plaintiff is 525 William Penn Place, Suite 2720, Pittsburgh, PA 15219-1727 and the last known address of Defendants, which is also the address to which a copy of this Complaint and Notice of Judgment should be mailed, is 4222 Carlisle Road, Gardners, PA 17324. Attorney r Plaintiff Filed on behalf of Plaintiff CITIZENS BANK OF PENNSYLVANIA Counsel of Record for this Party: Christopher P. Schueller, Pa.I.D.# 92746 Timothy P. Palmer, Pa.I.D.# 86165 BUCHANAN INGERSOLL & ROONEY PC 301 Grant Street, 20th Floor One Oxford Centre Pittsburgh, PA 15219 412-562-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ?J CITIZENS BANK OF PENNSYLVANIA Case No.: ©` - S S'Y7 (.:tug C`??'''L Plaintiff, VS. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. COMPLAINT FOR CONFESSION OF JUDGMENT PARTIES 1. Plaintiff Citizens Bank of Pennsylvania ("Plaintiff') is a national banking institution with a place for the transaction of business located at 525 William Penn Place, Suite 2720, Pittsburgh, Pennsylvania 15219-1727. 2. Defendant Brian D. Putney ("Mr. Putney") is an individual who, upon information and belief, resides at 4222 Carlisle Road, Gardners, Pennsylvania 17324. 3. Defendant Patricia A. Putney ("Mrs. Putney" and collectively with Mr. Putney the "Defendants") is an individual who, upon information and belief, resides at 4222 Carlisle Road, Gardners, Pennsylvania 17324. BACKGROUND 4. On November 13, 1998, Defendants executed a Promissory Note ("Note") in the original principal amount of $240,000 in favor of Mellon Bank, N.A. ("Mellon"). A copy of the Note is attached as Exhibit A. 2 5. By Allonge and Endorsement to Note dated July 16, 2001 ("Allonge"), Mellon assigned the Note to Plaintiff. A copy of the Allonge is attached as Exhibit B. 6. Defendants have defaulted on the obligations under the Note by failing to make debt service payments as of March 15, 2006 to the present. 7. As of August 10, 2006, a total of $193,193.93 is due and owing Plaintiff, which is computed as follows: Unpaid Principal Balance Due on Note $156,648.75 Unpaid Interest at the Note rate from $4,115.20 March 15, 2006 through August 10, 2006 Late Charges $227.19 Attorney's commission of 20% of the 2 1 2. 9 principal and interest due as provided under the Note TOTAL $193,193.92 8. Interest accrues at a per diem of $35.89. 9. Judgment has not been entered on the Note in this or any other jurisdiction. 10. Plaintiff has not assigned the Note. 11. Judgment is not being entered by confession in this proceeding against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands that judgment be entered against the Defendants in the amount of $193,193.93, together with all costs of suit plus interest at the rate of 5.75% per annum until paid. 3 Dated: September, 2006 BUCHANAN INGERSOLL & ROONEY PC Christop er P. Schueller, Pa.I.D.# 92746 Timothy P. Palmer, Pa.I.D.#86165 One Oxford Centre 301 Grant Street, 20th Fl. Pittsburgh, PA 15219 (412) 562-8413 4 VERIFICATION Timothy Toth states under penalties provided for by 18 Pa. C.S. § 4904 (unsworn falsification to authorities) that: 1. I am a Vice President of the Plaintiff. 2. The averments of fact contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief. 3. I understand that a false statement in this Verification will subject me to the penalties provided by law (misdemeanor in the second e). Dated: September, 70 2006 k 'Mio-ft Toth 5 S 240,000.DD Promise To Pay. FOR VALUE REcovEmand intending to be legally bound, Undersigned, as defined below; promises to pay to: or its order at the sum of Dollars (S - 240.000.00 ), with A*jM on outstanding balance from the date of t ' mtsso? at the rate(s) ("C:untractual Rate(} W >rd with the repayment schedule specified beknvnQ: Contractual Rate(s); Repayment Schedules. ? Interest at a rate per annum which is w above Bank's Prime Rate, such rate to change from time to time as -of the effective date of each announced change in such Prime Rate, shall be paid when principal payments are due. Principal shall be. paid in consecutive monthly installments of S each, commencing on and emgtinuing thereafter on the day of each month with the balance of the indebtedness, if not sooner paid, due and payable on ? Interest at a rate per annum which is ^4 above the CD Rate, such rate u) change from time to time as of .the effective date of each change in or resetting of the CD Rate, shall.he paid'when principal payments are due. Principal shall be paid in consecutive monthly installments of S each, commencing on and continuing thereafter do the day of each month with the balance of the indebtedness, if not sooner paid, due and payable on ? The principal balance hereof, together with all accrued and unpaid interest, shall be paid on and interest. at a rate per annum' which is % above Bank's Prime. Rate, such rate to change from time it) time as of the effective date of each announced change in such Prime Rate, shall he paid can the day of each month commencing on p The principal balance hereof, together with all accrued and unpaid interest, shall.be paid on and interest at a rate per annum which is % above the CD Rate, such rate to change. from time to time as of the effective date of each change in or resetting of the CD Rate, shall be paid on the day of each month commencing on In no event shall the rate charged on this Note exceed .14. per annum. ? The pnncipal balance hereof, together with all accrued and unpaid interest, shall be paid on and interest at the rate of `if. per annum shall be paid on the day of each month commencing on - _AP Interest shall be calculated at the rate of R _ ?r, !?. per annum. Principal and interest shall be paid in 17q Consecutive monthly . installments of S 2_3T4.93 each, commencing on 11/13/1998 12/15/1998 , and continuing thereafter on the 15TH V,309-53 h with the balance of the indebtedness, if not nd payable on 11/15/2013 . During any ontractual Rate(s) is reduced by 0.25% per bed elsewhere in this Note, installments of erest shall instead be in the amount of each. H the reduction in the Contractual ger in effect, the amount of -installments of principal and interest shall return to and be the same as the amount of such installments prior to the reduction in the Contractual Rate(s). Undersigned shall pay Bank concurrently with the execution. and delivery hereof, or Undersigned previously has paid Bank, an origination fee of S 2, 400, 00 . to compensate Bank for its underwriting, origination and administration of the loan evidenced by this Norte. This fee shall be deemed fully earned by Bank on the date hereof, shall not be refunded, and is in addition to any other foes, cosm or expenses which may be due and payable hereunder. Unless Undersigned has authorized Bank to take payments out of a Mellon Checking Account, as set forth below, Undersigned will mail or deliver to Bank the amount billed by Bank each month. Undersigned will mail or dealer the payments so that Bank receives all payments no later than the due date shown on each bill. Undersigned authorizes Bank to take all payments of principal and/or interest and/or other amounts due under this Note out of Undersigned's Mellon Checking Account Number 1422032696 , titled in the name(s) of. PUTNES(S SUNOCO SERVICE , on or after the day of each month. Undersigned will keep a sufficient balance in this account to cover the full amounts of all required. payments: At its option, Bank may terminate Undersigned's ability to use this service. This authorization shall remain in effect until revoked by Undersigned in writing or until the loan evidenced by this Note is paid in full or until bank has terminated Undersigned's ability to use this service, as the rase may be. Prior uo maturity, while this authorization is in effect and provided that Undersigned keeps a sufficient balance in this account to cover the full amounts of all required payments, the Contractual Rate(s) shall be itduced by 0.25% per annum. This authorization will be effective even though this Note and the account may be titled in different versions of Undersigned's name. if the original principal amount . of this Note is in excess of $10,000.00, or if Undersigned is a corporation, interest shall be calculated on the basis of a 360-day year and actual days elapsed. If the original principal amount of this Note is 510,000.00, or lest, and Undersigned is not a corporation, interest shall be calculated on the basis of a 365-day year or 366-day year, as the case may be, and actual days elapsed. "Prime Rate" shall mean the interest rate per annum announced from time to time by Bank as its Prime Rate. The Prime Rate may tx greater or less than other interest rates charged by Bank to tither borrowers and is not solely based or dependent upon the interest rate which Bank may charge any particular borrower or class of borrowers. If a single certificate of deposit is held by Bank as collateral security for the indebtedness evidenced by this Note, as more fully described in the Assignment of Deposit Account expressly referring to this Note, "CD Rate" shall mean the interest rate paid by Bank on such certificate of deposit (the "Certificate"), said CD Rate to be Page 1 of 5 reset by Bank at each renewal of the Cern te. If more than one certificate of deposit is held by Bank as collateral security for the indebtedness evidenced by this Note, as more fully described in the Assignment(s) of Deposit Account expressly referring to this Note, "CD Rate" shall mean the highest of the interest rates paid by Bank on such certificates of deposit (the "Certificates"), said CD Rate to be reset at each renewal of each Certificate. Late Charge. If any payment (including without limitation any regularly scheduled payment, balloon payment or final payment) is not paid within 15 calendar days after it is due, Undersigned will pay a late charge of the greater of $25.00, or three percent (3%) of the unpaid portion of the scheduled payment due (regardless of whether the payment due consists of principal and interest, principal only or interest only). Such late charge shall be in addition to any increase made to the Contractual Rate(s) applicable to the outstanding balance hereof as a result of maturity of this Note or otherwise, as well as in addition to any other applicable fees, charges and costs. Detautt Rate(s); Post Maturity Rate(s). Upon the occurrence of any Event of Default (as defined in this Note), at Bank's option, interest shall accrue at a rate equal to two percent (2%) per annum above the Contractual Rate(s) until the earlier of the date that such Event of Default has been cured or until and including the date of maturity hereof. After maturity, whether by acceleration or otherwise, interest shall accrue at a rate equal to two percent (2%) per annum above the Contractual Rate(s) until all sutras due hereunder are paid. Interest shall continue to accrue after the entry of judgment (by confession or otherwise) at the Contractual Rate(s) until all sums due hereunder and/or under the judgment are paid, except that after maturity or, at Bank's option, upon the occurrence of any Event of Default, interest shall accrue at a rate equal to two percent (2%) per annum above the Contractual Rate(s). Books and Recon*; rime of Essence: So long as Bank is the holder hereof, Bank's books and records shall be presumed, except in the case of manifest error, to accurately evidence at all tithes all amounts outstanding under this Note and the date and amount of each advance and payment made pursuant hereto. The prompt and faithful performance of all of Undersigned's obligations hereunder, including without limitation time of payment, .is of the essence of this Note. Security Interest Setoff and Assignments. To secure all amounts at any time awing or payable under this Note and Undersigned's obligations hereunder, as well as to secure all costs and expenses incurred by Bank in the collection or enforcement of this Note or the protection of any collateral securing this Note (including without limitation all advances made by Bank for taxes, levies, insurance, filing fees, and repairs to or maintenance of said collateral), Undersigned hereby grants to Bank a security interest in, lien upon, and right of setoff against, all deposit accounts, credits, securities, moneys, or other property of Undersigned which may at any time be in the possession of, delivered to,. or owed by Bank, including any proceeds or returned or unearned premiums of insurance, and the proceeds of ail the foregoing property. Other property, real or personal, may secure this Note, as set forth in other documents and agreements. Undersigned acknowledges and agrees that Undersigned shall renew, or cause to be renewed, the Certificate(s), if any, until the indebtedness evidenced by this Note has been paid in full. Undersigned further agrees that Undersigned will execute, or will cause to be executed, upon demand by Bank any financing statements or other documents, including, without limitation, additional Assignments of Deposit Aoc:=3 , which Bank may deem necessary or desirable to evidence, perfect or maintain perfection of the security interests created in the Certificate(s) and any renewals, replacements and substitutions thereof. Additional Terms d Conditions • I. covenants. Undersigned covenants and agrees that until all indebtedness evidenced hereby has been paid in full, Undersigned shall: (a) maintain at all times a positive tangible net worth; (h) (1) have al( Environmental Permits necessary for the conduct of each of Undersigned's businesses and operations, (2) c nduc each of Undersigned's businesses, and operations in material compliance. with all applicable Environmental Laws and FiMronmental Permits, (3) not permit to exist any event or condition that requires or is likely to require Undersigned under any Environmental law to pay or expend funds by way of fines, judgments, damages, cleanup, remediation or the like in an aggregate amount, the payment of which could reasonably be expected to interfere substantially with normal operations of Undersigned or materially adversely affect the financial condition of Undersigned, (4) notify Bank promptly upon becoming aware of any pending or threatened proceeding; suit, investigation, allegation or inquiry regarding any alleged event or condition that, if resolved unfavorably to Undersigned or any of Undersigned's subsidiaries or affiliates, is likely it) cause Undersigned or any of its subsidiaries or affiliates under any Environmental Law to pay or expend funds by way of fines, judgments, damages, cleaning, rcmedialion or the like, and (5) provide at Undersigned's cost, upon request by Bank, certifications, documentation, copies of pleadings and other information regarding the above, all in form and content satisfactory to Bank; (c) conduct each of Undersigned's businesses and operations in material compliance with all federal, state for local laws, statutes, regulations, rules, ordinances, court or administrative orders or decrees, or private agreements or interpretations, now or hereafter in existence, directly or indirectly relating to or affecting Undersigned's businesses or operations; (d) use the proceeds of the loan evidenced hereby only for business purpose(s) specified to Bank at or prior to the execution hereof; (e) promptly notify Bank in writing of any change in Undersigned's residence or Mef Executive Office; (f) purchase and maintain policies of insurance (including flood insurance) to protect against such risks and casualties, and in such amounts, as shall be required by Bank and/or applicable law, which policies shall (1) be in .form and substance satisfactory to Bank, (2) at Bank's option, designate Bank as loss payee and/or as additional insured, and/or contain a lender's loss payable endorsement, and (3) be (or certificates evidencing same shall be) deposited with Bank; (g) (1) maintain and keep proper records and books of account in conformance with generally accepted accounting principles applied on a consistent basis in which full, true and correct entries shall be made of all Undersigned's dealings and business affairs, (2) provide to Bank at Undersigned's art, upon Bank's request, financial or other information, documentation or certifications (including without limitation annual and periodic halance sheets and inannc statements, personal financial statements, federal income tax returns, inventory reports (including a description of raw materials, finished goods, and the aging thereof, as applicable), and accounts receivable and payable aging reports), all in form and content satisfactory to Bank, and (3) permit, upon request by Bank, any of the officers, employees or representatives of Bank to visit and inspect any of Undersigned's properties and locations and to examine its books and records and discuss the affairs, finances and accounts of Undersigned with representatives thereof, as often as Bank may request; (h) provide additional collateral at such times and having such value as Bank may request, if Bank shall have reasonable grounds for believing that the value of the collateral securing the indebtedness evidenced by this Note has become insufficient to secure said indebtedness; (i) pay, upon demand try Bank, (1) all costs and fees pertaining to the filing of any financing, continuation or termination statements, mortgages, satisfaction pieces, judgments and any other type of document which Bank deems necessary or desirable to be filed with regard to security interests which secure the indebtedness evidenced hereby, regardless of whether such security interests were granted by Undersigned, and (2) all costs and expenses incurred by Bank in Page 2 of 5 amntxtion with any collateral securing th ,.6duding without limitation all advances made by Bank for taxes, levies, insurance, repairs its or. maintenance of said collateral, appraisal or valuation of said collateral, and determination of flood hazard), regardless of whether such collateral is owned by Undersigned; and 0) pay, upon demand by Bank, all amounts incurred by Bank in connection with any action or proceeding taken or utmmenced by Bank it) enforce or collect. this Note, including attorney's fees equal to the lesser of (1) 2M of the outstanding principal balance and interest then due hereunder or $500.00, whichever is greater, or (2) the maximum aniciuni permitted by law, plus attorney's costs and all costs of legal proceedings. this Note, 'including . drnitation the unpaid balance of principal and interest hereof, shall become immediately due and payable, without any demand, notice or further action by Bank. whatsoever, and an action therefor shall immediately accrue. 2. Events of Default The occurrence of any of the following shall constitute an "Event of Default" hereunder: (a) default.in payment or performance of any of the indebtedness or obligations evidenced' by this Note or any other evidence of liability of Undersigned to Bank; (b) the breach by any Obligor (defined as Undersigned and each surety or guarantor of any of Undersigned's liabilities to Bank as well as any person or entity granting Bank a security interest in property to secure any indebtedness) of any covenant contained in this Note or in any separate security, guarantee or suretyship agreement between Bank and any Obligor, the occurrence of any default hereunder or under the terms of any such agreement, or the discovery by Bank of any false or misleading representation made by any Obligor herein or in any such agreement or in any other information submitted to Bank by any Obligor, (c) with respect to any Obligor. (1) death or incapacity of any individual or general partner, or (2) dissolution of any partnership or corporation; (d) any assignment for the benefit of creditors by any Obligor; (e) insolvency of any Obligor, (f) the filing or commencement of any petition, action, case or proceeding, voluntary or involuntary, under any state or federal law regarding bankruptcy, insolvency, reorganiiation, receivership or dissolution, including the Bankruptcy Reform Act of 197K, as amended, 1'y or against any Ohtigor; (g) default under the terms of any lease of or mortgage on the premises where real or personal property securing the indebtedness evidenced by this Note is located; '('h) the garnishment, tax assessment, attachment or taking by governmental authority or other creditor of any property of any Obligor which is in Bank's possession or which constitutes security for any indebtedness evidenced hereby; (i). entry of judgment against any Obligor in any court of record; (j) the assessment against any Obligor by the Internal Revenue Service or any other federal, state or _ local taxing authority of unpaid taxes, or the issuance of a levy or the entering of a lien in connection therewith; (k) change in control of or transfer of any interest in any Obligor (other than an Obligor who is an individual); (1) a determination by Bank, which determination shall he conclusive if made in good faith, that a material adverse change has occurred in the financial or business condition of any Obligor; (m) the maturity of any life insurance policy held as collateral for the indebtedness evidenced by this Note by reason of the death of the insured or otherwise; or (n) default by Undersigned in the payment of arty indebtedness of Undersigned or in the performance of any of Undersigned's obligations (other than indebtedness or obligations evidenced by this Note or any other evidence of liability of Undersigned to Bank) and such default shall continue for more than any applicable grace period. 3. Acceleration; Remedies. Upon the occurrence of any Event of Default: (a) all amounts due under this Note, including the unpaid halance of principal and interest hereof, shall Ixcomc immediately due and payable at the option of Bank, without any demand or notice whamxwer, and (h) Flank may immediately and without demand exercise any of its rights and remedies granted herein, under applicable law, or which it may otherwise have, against Undersigned or otherwise. Notwithstanding any provision to the contrary contained herein, upon the occurrence of an Event of Default as described in Section 2(f) hereof, all amounts due under 4. Bank's Rights. Undersigned hereby authorizes Bank, and Bank shall have the continuing right, at its sole option and discretion, to: (a) do anything which Undersigned is required but. fails to do, and in pan icular Bank may, if Undersigned fails to do so, obtain and pay any premiums payable on any policy of insurance required to be obtained or maintained hereunder, (b) direct any insurer to make payment of any insurance proceeds, including any returned or uneamed premiums, directly to Bank, and apply such moneys to any indebtedness or other amount evidenced hereby in such order or fashion as Bank may elect; (c) pay the proceeds of the loan evidenced by this Note to any or all of the Undersigned individually or jointly, or to such other person(s) as any of the Undersigned may direct, except to the extent otherwise provided in Section 6 bereof; and (d) add any amounts paid or incurred by Bank under Section 1(i), Section 10) or Section 4(a) to the principal amount of the indebtedness evidenced by this Note. 5. AufhonYation to Borrow. Undersigned hereby represents, warrants, certifies and covenants as follows: (a) If Undersigned is a corporation, that the person(s) signing below hold(s) the office(s) indicated below (and continue to hold such office(s) until Bank has received notice to the contrary in writing from Undersigned), and that the Board of Directors of Undersigned has adopted resolutions providing that: (1) the person(s) executing and delivering this Note on behalf of Undersigned islare authorized (i) to incur indebtedness and obligations on behalf of Undersigned by borrowing or making other financial arrangements with Bank from time io time, uptn terms and conditions as they in their sole discretion deem desirable, (it) to make, execute and deliver promissory notes, lever of credit agreements, security agreements, assignments, mongages and all other documents required by Bank in connection with the incurring of indebtedness or obligations, and (iii) to assign and pledge as collateral security for any such indebtedness or obligations, now or hereafter existing, any real or personal property of Undersigned; (2) the actions of any one or more officers of Undersigned in borrowing money from Bank heretofore for the account of Undersigned, in . assigning or pledging any of Undersigned's property for the payment thereof, or in doing any other act, in connection therewith are hereby ratified, confirmed and approved; and (3) said resolutions shall have the force of a continuing agreement with Bank, and shall be binding upon Undersigned until a resolution amending them shall have been duly and legally adopted and Bank furnished a certified copy thereof. (h) If Undersigned is a partnership, that (1) Undersigned's name shown Wow is a trade name of Undersigned's firm used in the conduct of an unincorporated business awned entirely by the persons signing this Note on behalf of said partnership; (2) the partners executing and delivering this Note are authorized (i) to incur indebtedness and obligations on behalf of Undersigned by borrowing from or making other financing or credit accommodations with Bank from time to time, upon such terms and conditions as they in their sole discretion deem desirable, (ii) to snake, execute, and,deliver promissory notes, letter of credit agreements, security agreements, assignments, mortgages and all other documents required by Bank in connection with the incurring of indebtedness or obligations, and (iii) to assign and pledge as collateral security for any such indebtedness or obigavons, none or hereafter existing, any real or personal properly of Undersigned; (3) the actions of any one or more partners of Undersigned in borrowing money from Bank heretofore for the account of Undersigned, in assigning or pledging any. of Undersigned's property for the payment thereof, or w doing any other act in connection.therewith are hereby ratified, confirmed, and approved; (4) notwithstanding any modification or termination of the Page 3 of 5 power of any of the partners to represent said firm, whether by . "l lazardous Substan ' means petroleum and petroleum expiration of the partnership agreement, -by death or retirement products, radioactive materials,. asbestos, radon, lead of any partner, or the accession of one or more new partners, or otherwise, and notwithstanding any other notice thereof Bank may receive, this authority shall continue to be binding upon each of the Undersigned individually and upon their legal representatives., and upon Undersigned and its successors, until Bank has received notice in writing to the contrary signed by one of the Undersigned or by Undersigned's duly authorized agent (Receipt of such notice will not relieve any partner of any liability arising from obligations incurred prior to Bank's receipt of such . notice.), and (5) nothing herein shall be construed to limit the rights granted to a partner by law or by the partnership agreement, but all rights granted herein shall be in addition to such rights. 6. Definitions; Miscellaneous Provisions. (a) Undersigned waives (except where requested hereby) notice of action taken by Bank; and hereby ratifies and confirms whatever Bank may do. Bank shall be entitled to exercise any right notwithstanding any prior exercise, failure to exercise or delay in exercising any such right. (b) Bank shall retain the lien of any judgment entered on account of the indebtedness evidenced hereby. Undersigned warrants that Undersigned has no defense whatsoever to any action or proceeding that may be brought to enforce or realize on any such judgment. (c) If any provision hereof shall for any reason be held invalid or unenforceable, no other provision shall be affected thereby, and this Note shall be construed as if the invalid or unenforceable provision had never been a part of it. The descriptive headings of this Note are for convenience only and shall not in any way affect the meaning or oxxestruetion of any provision hereof. (d) The rights and privileges of Bank coniaincd in this Note shall inure to the benefit of its successors and assigns, and the duties of Undersigned shall bind all heirs, personal representatives, successors and assigns. (e) This Note shall in all respects be governed by the laws of the state in which this Note is payable (except to the extent that federal law governs). (f) Undersigned hereby irrevocably appoints Bank and each holder hereof as Undersigned's attorney-in-fact to endorse Undersigned's name to any draft or check which may be payable to Undersigned in order to collect the proceeds of any insurance or any returned or unearned premiums in respect of any policies of insurance required to be maintained hereunder. Undersigned hereby acknowledges that this appointment of Bank and each holder hereof as attomey-in-fact is irrevocable and is coupled with an interest. (g) Undersigned assigns to Bank all moneys which may become payable on any policy of insurance required to be maintained under this Note, including any returned or unearned premiums. (h) "Environmental Law" means any federal, state or local environmental law, statute, regulation, rule, ordinance, court or administrative order or decree, or private agreement or interpretation, now or hereafter in existence, relating to the manufacture, distribution, labeling, .use, handling, collection, storage, treatment, disposal or otherwise of Hazardous Substances, or in any way relating to pollution or protection of the environment or public health. (i) "Environmental Permit" means any federal, state or local permit, license or authorization issued under or in connection with any Environmental Law, U) comaining materials sewage or any materials or substances defined as or included in the definition of 'hazardous wastes" "hazardous substances," "hazardous materials," "toxic substances," "hazardous air pollutants," "toxic pollutants," "pollution," or terms of similar meaning, as those terms are used in any Environmental Law. (k) "Chief Executive Office" means the place from which the main part of the business operations of an entity is managed. (1) "Undersigned" refers individually and collectively to all makers of this Note, including, in the case of any partnership, all general partners of such partnership individually and collectively, whether or not such partners sign below. Undersigned shall each be jointly and severally bound by _the terms hereof, and, with respect to any partnership executing this Note, each general partner shall be hound hereby both in such general partner's individual and partnership capacities. 7. Direction to Pay Proceeds.Undersigned hereby authorizes and directs Bank to pay the proceeds of this Note by. ? crediting Account Number in the name of in the amount of ? paying I he amount of S ? paying the amount of 8. Affidavit of Business Loan. (This Affidavit is not applicable if Undersigned is a corporation.) Undersigned, being duly authorized, depose(s) and say(s) under penalty of perjury that Undersigned: (a) WAre engaged in business asW Owner(s), ? General Partner(s) of: (name and nature of business) BRIAN D. PUTNEY PATRICIA A. PUTNEY BUYING FAMILY BUSINESS FROM MOTHER (b) Hereby make(s) application to Bank for a loan, the proceeds of which will be utilized for the purpose(s) of BUILDINGS iMORTGAGEI, FIRST MORTGAGE TERM LOAN, NON-FHA GUARANTEE (c) faercise(s) actual control ewer the managerial decisions of the business. (Remainder of page intentionally left blank) Page 4 of 5 9. Confession of Judgment UNDERSIG ED HEREBY EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR UNDERSIGNED AND TO CONFESS JUDGMENT AS OFTEN AS NECESSARY AGAINST UNDERSIGNED OF WHFT14ER ANY EVENT OF. DEFAULT HAS (WCURRED, AT ANY TIME AND AS OF ANY TERM, FOR Tl(F 011'1'S"F'ANDING PRINCIPAL BALANCE. 1*41iOF PLUS INTFiRES'I' DUE.. UNDER THE TERMS HEREOF AND OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF LEGAL PROCEEDINGS AND AN ATTORNEYS COMMISSION EQUAL TO THE LESSER OF (A) 20% OF THE OUTSTANDING PRINCIPAL BALANCE AND INTEREST T14FN DIIF HEREUNDER OR $50000 WHICHEVER IS GRF.ATFiR, OR (B) THE MAXIMUM AMOUNT PF.RMI'17I1D BY LAW, WITH RELEASE OF ALL ERRORS. UNDERSIGNED WAIVES ALL LAWS EXEMPTING REAL. OR PERSONAL PROPERTY FROM EXECUTION. By signing. this Note, Undersigned agrees to all terms of the Note and swears, under penalty of perjury (as set forth in 18 Pa.C.S. §4904, if governed by Pennsylvania law), to the Affidavit of Business Loan (if completed) set forth in Section 8 of this Note. Witness the due execution hereof under seal. Witne x Witness x . Ind' du . x (Seal) B 417 E. MAIN ST. MECHANICSBURG, PA 17055 In i P e 1) 417 E. MAIN ST. MECHANICSBURG, PA 17055 Mellon Hank. N.A. MOW Hank (Ufi) Nalitmal Assodati(m 0.4.W Rev (I t)..46) 1D9.-% 0275 1' 176:58-117+ 2 e14543(01) IION9N.1516 Page 5 of 5 13 This Mortgage is made this 13th day of November, 1998 , by and from BRIAN D. PUTNEY PATRICIA A. PUTNEY (hereinafter called "Mortgagor") to (hereinafter called "Mongagee"). As used herein, the term "Mortgagor" refers individually and collectively to all Mortgagors, and all such persons shall be jointly and severally bound by the terms hereof. Whereas, BRIAN D. PUTNEY PATRICIA A. PUTNEY (hereinafter called, individually and collectively, "Borrower"), (is) (are) indebted to Mortgagee in the princtpaI sum of Two Hundred Forty Thousand and 00/100 Dollars (S 240,000..00 ) evidenced by either a note or letter of credit application (the "Note") dated November 13, 1998 ; To Secure the payment of all sums due or which may become due under said Note and all other obligations, debts, dues, instruments, liabilities, advances, judgments, damages, losses, claims, contracts and chores in action,.of whatever nature and however arising, owed to Mortgagee from any Borrower or Mortgagor, past, present or future, direct or indirect, abtulute or cuntingetn, voluntary or involuntary, now due or to become due, and any and all extensions or renewals thereof in whole or in pan, whether cowed by any Borrower or Mortgagor as drawer, maker, endorser, assignor, guarantor, surety, or otherwise whatsoever, excepting those Obligations (other than the Obligations evidenced by the Note) subject to the disclosure requirements of Federal Reserve Board Regulation I., 12 C.F.R. §226.1 et seq., (all of such obligations secured. hereby, hereinafter called the "Obligation(s)"), as well as to secure Mortgagor's performance under this Mortgage, Mortgagor by these presents, intending to be legally bound, does grant, bargain, sell and convey unto Mortgagee, its successors and assigns, all those certain tracts of land situated in BOROUGH OF MECHANICSBURG CUMBERLAND County, Pennsylvania and more particularly described in Fxhibit "A", attached hereto and made a part hereof; Together With All And Singular, the buildings and improvements, streets, lanes, alleys, passages, ways, waters, watercourses, rights, liberties, privileges, bereditaments and appurtenances whatsoever thereunto belonging, or in any way appertaining, and the reversions and remainders, rents, issues and profits thereof; To Have And To Hold same unto the said Mortgagee, its successors or assigns, Forever. Provided However, that if the Obligation is paid in full and if liorrtnver delivers to Mortgagee a written notification of its intention not to borrow additional sums from Mortgagee and thereby releases Mortgagee from its obligation, if any, to make advances to Borrower, then the estate hereby granted shall he discharged. Mortgagor represents, warrants, covenants and agrees that: First- All furniture and furnishings of every kind and description and all appliances, apparatus and equipment now or hereafter in any building or improvements now or hereafter standing on the premises hereinabove granted (and all substitutions therefor or additions thereto) are considered to be necessary, indispensable and especially adapted and appropriate to the use and operation of said premises and constitute an integral part of said real estate; and all of the same are hereby conveyed, assigned and pledged, and shall be deemed and treated for all purposes of this instrument as real estate and not as personal property. This Mortgage is also a security agreement under the Pennsylvania Uniform Commercial Code by virtue of which Mortgagor does hereby grant to Mortgagee a security interest in all personal property now owned and hereinafter acquired, including furnishings, accessories, machinery and equipment (and all substitutions therefor or additions thereto), not comprehended by the Pennsylvania Industrial Plant Doctrine, plus all attachments and accessories thereto, and the proceeds (cash and non-cash) of the foregoing. (All items of property granted under this paragraph First, together with the real estate, the buildings and improvements thereon and the rights and interests granted in the Granting Clauses hereinabove set forth, are hereinafter referred to as the "Mortgaged Property".) Second: Mortgagor will keep and perform all of the covenants and agreements contained herein. Third: Without prior written consent of Mortgagee, which consent may be withheld for any reason, Mortgagor shall not transfer or change legal or equitable title, ownership or control of all or part of the Mortgaged Property by sale, tease, stock transfer, transfer of partnership share, operation of law or in any other manner, whether voluntarily or involuntarily. It is further understood and agreed that, if Mortgagee consents to any such transfer, Mortgagee may impose as a condition of such consent any condition which Mortgagee, in its sole judgment, deems appropriate. Fourth: Mortgagor warrants that it owns fee simple title to the Mortgaged Property free and clear of all liens, claims and encumbrances except as otherwise permitted by Mortgagee in writing, and that it has full right and authority to grant this Mortgage and to perform its obligations hereunder. Mortgagor covenants that the Mortgaged Property shall continue to be held free and clear of all liens, claims and encumbrances except as otherwise expressly permitted by Mortgagee in writing. Fifth: Mortgagor will pay when due all taxes, assessments, levies and other charges on or against the Mortgaged Property which may attain priority over the lien of this Mortgage. If Mortgagor fails to do so, Mortgagee at its sole option may elect to pay such taxes, assessments, levies or other charges. Sixth: Mortgagor shall keep the Mortgaged Property in good repair, excepting only reasonable wear and tear. Mortgagor will permit Mortgagee's authorized representatives to enter upon the Mortgaged Property at any reasonable time for the purpose of inspecting the condition of the Mortgaged Property. Without the prior written consent of Mortgagee, Mortgagor will not permit removal or demolition of improvements now or hereafter erected on the Mortgaged Property, nor will Mortgagor permit waste of the Mortgaged Property or alteration of improvements now or hereafter erected on the Mortgaged Property which would adversely affect its market value as determined by Mortgagee. :BDoK1497 pia A Page I or 6 Pennsylvania - Commercial Property CL-281 Itev.(3N7) LC. 297 LD Z97 Seventh: In addition to the covenants and agreements made elsewhere in this Mortgage, Mortgagor further covenants and agrees with Mortgagee as follows: (a) Except as previously disclosed by Mortgagor to Mortgagee in writing, the Mortgaged Property is and will continue to be free of Hazardous Substances (as hereinafter defined), the presence of which Mortgagor is required to report to any federal, state or local agency or entity or the presence of which is prohibited by any Environmental Law (as hereinafter defined); (b) Except as previously disclosed by Mortgagor to Mortgagee in writing, the ownership, operation or use of the Mortgaged Property by Mortgagor or Mortgagor's tenant(s), as the case may be, does not require as of the date hereof, nor in the future will require, the handling, storage, location or discharge of Hazardous Substances in, on or under the Mortgaged Property, the presence of which Mortgagor or Mortgagor's tenant(s) is required to report to any federal, state or local agency or entity or the presence of which is prohibited by any Environmental Law; (c) Mortgagor and Mortgagor's tenant(s), if any, at all times have operated and maintained the Mortgaged Property, and at all times will continue to operate and maintain the Mortgaged Property, in material compliance with all Environmental Laws and Environmental Permits (as hereinafter defined); (d) Except as previously disclosed by mortgagor to Mortgagee in writing; no pending or threatened proceeding, suit, investigation, allegation, or inquiry exists regarding any alleged violation of Environmental Laws or Environmental Permits with respect to the Mortgaged Property or of any alleged obligation to cleanup or remediate any Hazardous Substance in, on or under the Mortgaged Property, and Mortgagor shall notify Mortgagee within five (5) business days in writing upon becoming aware hereafter of any such proceeding, suit, investigation, allegation, or inquiry, setting forth the details thereof; (e) There does not exist, not will Mortgagor permit to exist, any event or condition on or with respect to the Mortgaged Property that requires or is likely to require Mortgagor under any Environmental Law to pay or expend funds by way of fines, judgments, damages, cleanup, remediation or the like; provided, however, that Mortgagor shall notify Mortgagee promptly in writing upon becoming awarehereafter of any such event or condition; and (f) Upon request by Mortgagee, Mortgagor shall provide (at Mortgagor's cost) certifications, documentation, copies of pleadings and other information regarding the above, all in form and content satisfactory to Mortgagee. Eighth: Mortgagee and its agents and representatives shall have the right at any time, (whether or not any event of default in connection with the obligations has occurred, or if any of the obligations is payable on demand, whether or not such demand has been made,) and at its sole option and discretion, without notice, to enter and visit the Mortgaged Property for the purposes of observing the Mortgaged Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Mortgaged Property, all at the cost of Mortgagor. Mortgagee is under no duty, however, to visit or observe the Mortgaged Property or to conduct tests, and any such acts by Mortgagee shaft be solely for the purposes of protecting its security interests and preserving rights under the Note and other documents executed and delivered in connection with the Note. No site visit, observation, or testing by Mortgagee shall result in a waiver of any default of Mortgagor or impose any liability on Mortgagee. In no event shall any site visit, observation, or testing by Mortgagee he a representation that Hazardous Substances arc or are not present in, on, or under the Mortgaged Property, or that there has been or shall be compliance with any Environmental Law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation, or testing by Mortgagee, nor on any statements, representations, or any other comments made by Mortgagee to Mortgagor or any other party with respect to any Hazardous Substances or any other adverse condition affecting the Mortgaged Property. Mortgagee owes no duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Hazardous Substances or any other adverse condition affecting . the Mortgaged Property. Mortgagee shall not be obligated to disclose to Mortgagor or any other party any report or findings made as a result of, or in connection with, any site visit, observation, or testing by Mortgagee. Ninth: Mortgagor shall indemnify, defend and hold harmless Mortgagee, its employees, agents, officers and directors from and against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of any kind whatsoever, including but not limited to, attorney fees (including the reasonable estimate of the allocated cost of in-house counsel and staff), all fees of environmental consultants and laboratory costs, arising out of or in any way relating to: (a) the release or threatened release, disposal or existence of any Hazardous Substances, on or affecting the Mortgaged Property, (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Substances; (c) any lawsuit brought or threatened, settlement reached or governmental order issued relating to Hazardous Substances with respect to the Mortgaged Property; (d) any violation or alleged violation of laws, permits, licenses, orders, regulations, requirements or demands of government authorities or any policies or requirements of Mortgagee, which are based upon or in anyway related to Hazardous Substances; or (e) the breach of any warranty, representation or covenant of Mortgagor contained herein or in any related loan document. This indemnity shall survive repayment of any Obligations or any judicial foreclosure, foreclosure by power of sale, deed-in-lieu of foreclosure, or transfer of the Mortgaged Property by Mortgagor or Mortgagee. The liability covered by these indemnity provisions shall include, but not be limited to, losses sustained by Mortgagee and/or any of its successors and assigns for: (a) amounts owing as Obligations including diminution in value of the Mortgaged Property, (h) amounts arising out of personal injury or death claims, (c) amounts charged to Mortgagee for any environmental or Hazardous Substances clean up costs and expenses, liens, or other such charges or impositions, (d) payment for reasonable attorney`s fees and disbursements, expert witness fees, court costs, environmental tests and design studies, and (e) any other amounts expended by Mortgagee or its successors and assigns in connection with the subject matter of Paragraphs Seventh, Eighth and Ninth. Tenth: Mortgagor shall keep the Mortgaged Property insured against loss by fire, all other hazards contemplated by the term "extended coverage", and such other risks and hazards as Mortgagee shall require, in such amounts as Mortgagee shall require, but never less than the amount required to pay the Obligations secured hereby. Mortgagor will purchase flood insurance as and to the extent required by the Mortgagee. The insurer or insurers will be chosen by Mortgagor, subject to approval by Mortgagee; and approval shall not be unreasonably withheld Ali insurance policies shall contain loss payable clauses in favor of Mortgagee and shall be cancelable by the insurer only after prior written notice by the insurer to Mortgagee. Mortgagor shall deliver written evidence of all such insurance to Mortgagee. If Mortgagor fails to obtain and keep in force any required insurance or fails to pay the premiums on such insurance, Mortgagee at its sole BooK1497 PAGE r 65 Page 2 of 6 option may elect to do so. In the event of loss, Mortgagor shalt give prompt notice to the insurer and Mortgagee. Mortgagee at its option may elect to make proof of loss if Mortgagor does not do so promptly, and to take any action it deems necessary to preserve Mortgagor's or Mortgagee's rights under any insurance policy. Insurance proceeds shall be applied to restoration or repair of the Mortgaged Property or to reduction of the Obligation, as Mortgagee may determine in its sole discretion. Eleventh: Mortgagor hereby agrees to repay to Mortgagee on demand all sums which Mortgagee has elected to pay under Paragraphs Fifth'and/or Tenth, and any costs which Mortgagee has incurred in taking actions permitted by Paragraph Eighth, with interest thereon at a per annum rate equal to the Contractual Rate(s) (as that term is defined in the Note), if any; and all such sums, as well as any amounts for which Mortgagor has agreed to indemnify Mortgagee under Paragraph Ninth, shall, together with interest thereon, until repaid to Mortgagee, be part of the Obligations and be secured hereby. Twelfth: Mortgagor hereby assigns to Mortgagee all proceeds of any award in connection with any condemnation or other taking of the Mortgaged Property or any part thereof, or payment for conveyance in lieu of condemnation. Thirteenth: If the Mortgaged Property or any portion thereof consists of a unit in a condominium or a planned unit development, Mortgagor shall perform all of Mortgagor's Obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-taws, rules and regulations of the condominiums or planned unit development, and related documents. If a condominium or planned unit development rider is executed by Mortgagor and recorded with this Mortgage, the covenants and agreements of such rider shall be incorporated herein as if the rider were a part hereof. Fourteenth: to order to further secure Mortgagee in the event of default in the payment of the Obligations secured hereby, or in the performance by Mortgagor of any of the covenants, conditions or agreements contained herein, Mortgagor hereby assigns and transfers to Mortgagee, its successors and assigns, any and all teases on the Mortgaged Property or any part thereof, now existing or which may hereafter be made at any time, together with any and all rents, issues and profits arising from the Mortgaged Property under said leases or otherwise, without obligation of Mortgagee lux perform or discharge any obligation, duty or liability under such leases, but with full authorization to collect all rents under the leases or otherwise and it) take possession of and rent the Mortgaged Property. Mortgagor covenants not to accept the payment of any rent paid more than ninety (90) days in advance. Fifteenth: In the event that (a) Borrower and/or Mortgagor fails to pay any Obligation or any portion thereof when due; or (b) Mortgagor breaches any warranty, covenant or agreement contained herein; or (c) any representation or warranty contained herein or otherwise made by any Mortgagor or Borrower in connexion with this Mortgage or any of the Obligation proves to be false or misleading; or (d) there occurs an event of default under any agreement evidencing, securing or otherwise executed and delivered by any Borrower and/or Mortgagor in connection with the Obligation or any portion thereof; or (e) there occurs an event of default for non-payment under the terms of any other mortgage or other instrument creating a lien on the Mortgaged Property (whether or not such lien is in favor of Mortgagee); or (f) a holder of any lien encumbering the Mortgaged Property or any portion - thereof (whether such lien is junior or superior to the ben of this Mortgage) commences a foreclosure or any other proceeding to execute on such lien; or (g) any Borrower or Mortgagor makes an assignment for the benefit of its creditors, becomes insolvent, or files or has filed against it any petition, action, case or proceeding, voluntary or involuntary, under any state or federal law regarding bankruptcy, insolvency, reorganization, receivership or dissolution, including the Bankruptcy Reform Act of 1978, as amended; or (h) Mortgagor fails to pay when due, any amount owing by Mortgagor pursuant to the terms hereof, then in addition to exercising any rights which Mortgagee may have under the terms of any agreement securing repayment of, or relating to, any portion of the Obligation, or otherwise provided by law, Mortgagee may foreclose upon the Mortgaged Property by appropriate legal proceedings and sell the Mortgaged Property for the collection of the Obligation, together with costs of suit and attorney's commission equal to the lesser of (a) twenty percent (20%:) of the oral Obligation or five hundred dollars ($500.00), whichever is the larger amount or (b) the maximum artxuni permitted by law. Mortgagor hereby forever waives and rcleases all errors in the said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. Sixteenth: The rights and remedies of Mortgagee as provided herein, or in any other agreement securing repayment of, or relating to, any portion of the Obligations, or otherwise provided by law, shall be cumulative and may be pursued singly, concurrently, or successively in Mortgagee's sole discretion, and may be exercised as often as necessary; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. Seventeenth: As used in this Mortgage: (a) "Environmental Law" means any federal, state or local environmental law, statute, regulation, rule, ordinance, court or administrative order or decree, or private agreement or interpretation, now or hereafter in existence, relating to the use, handling, collection, storage, treatment, disposal or otherwise of Hazardous Substances, or in any way relating to pollution or protection of the environment, including but not limited to: the Clean Air Act, 42 U.S.C. 7401 el sec : (he Comprehensive Environmental Response, Compensation and Liability Act of 1990, 42 I1.3.C. 9601 et seq.; the Federal Water Pollution Control Act, 33 1J.S.C. 1251 ei seq.; the Iazardous Material Transportation Act, 49 U.S.C. 1801 et se .; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. )36 et sec.: the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et sec.: all as amended (b) "Environmental Permit" means any federal, state or local permit, license or authorization issued under or in connection with any Environmental Law. (c) "Hazardous Substances" includes petroleum and petroleum products, radioactive materials, asbestos or any materials or substances defined as or included in the definition of "hazardous wastes," "hazardous substances," "hazardous materials," "toxic substances," "hazardous air pollutants," and "toxic pollutants," as those terms are used in any Environmental Law, including any state or federal law or local ordinance relating to hazardous substances now or hereafter in existence, and in any regulations promulgated or may be promulgated thereunder. Eighteenth: The covenants, conditions and agreements contained herein shall bind the heirs, personal representatives, and successors of Mortgagor, and the rights and privileges contained herein shall inure to the successors or assigns of Mortgagee. B04K1497 PAGE .. 66 Page 3 of 6 Nineteenth: The formal and essential validity hereof shall be governed in all respects by the laws of Pennsylvania. If any provision hereof shall for any reason be held invalid or unenforceable, no other provision shall be affected thereby, and this Mortgage shall be construed as if the invalid or unenforceable provision had never been part of it. Twentieth: If any amount advanced under the Note was used u> purchase the Mortgaged Property, then it is intended that this Mortgage be a Purchase Money Mortgage under the provisions of 42 PA. C.S.A 8141. .:r:•t;y:. K}::nt•:t-y ..iS,v ,L-''^7 :'droS.v,'::>'i:<?:ii:?r:f:?rj-}:}:} . ,wY'? .a .(. ...:.. : r.. ;i :. .:. , .. }.....,::.:::::.:•:..u .....:.....:...+,...:..,•.:...:.tt`'.::..::r:::r,..}ra..r:;:,r`:t:.}:';:::;:!'r5:'?;?::%:::?:::};i::`::;>.:;:: ?:::::::?:::%:: ::::.: , 2 . u3•. +? .. :d' ?",x.we}..? Ja£atKL:c?i'• ::a'Tt`. n..? ..nr»...v.?r?. ,?„ .:}r.?-aaR§_:...:.......r..::}:a::::r.;a;nrr'•;:c:H::::,.:....n..:::;...r:.}s:or>}:t;rr:.r:: ,::.? :::::::::::::::}:.::'.:.;.: Witnes . x Witnes x -1 V x (Seal) 417E MAIN ST. MECHANICSBURG, PA 17055 In x 1) P 417 E. MAIN ST. MECHANICSBURG, PA 17055 Jill ? O .Mellon Bank, N'. A. Mortgagee within named, hereby certifies that its principal place of businessisat Business Banking Loan Center v.?.v-A 'v. ';/:y YKtt!+K$?::+i•,"?v t:3 iiAi?':.}:;;$;}'i, w'd...K...,.:?`.....{:.•.::v..:4:....:......k.?k,? l:W. n. ~7.AJ.G.; ..ta::n-.bJ.-:,:::.t?:6,•::::?:...::::.7R+a•::.:::.,:?:y:r:.?:::: .:..:::..:..::::::.?;::.... ..: ?... ....::..... :: a:?::....:::a:. ?.::;?.:... .... .__ ._. State of county of &AA4 „ 9?9 Ica per On the day of before me personally came who being duty swam, did acknowledge that _ did sign the foregoing instty nt, and that the same is free act and deed.t . ' ? I have he to subscri my My CommissionFApires: Notarial Seal `` ti e 1 ; , •} ; r."' • South Middleton TW17- Cumbedaad CouW My Commission Exptres Aug 44 20pQ ? fa ? y, . , a e 4 of 6 Two Mellon Bank Center, Rm. 152-0350 state of County of On the to be the day of before me personalty came who'being;duly sworn, did acl xywledge of ---- a , and that as such hcing authorized w del so, executed the foregoing instrument on behalf of said therein contained. In testimony whereof, f have hereunto sutascribed my name. My C'ommis'sion Expires: NouryPublic z for the purpose Recorder 9 00OX1497?AGE Sg Page 5 of 6 From BRIAN D. PUTNEY PATRICIA A. PUTNEY To Mellon Bank, N.A. Rewrdermai)to Mellon Bank, N.A. Business Banking Loan Center P.O. Box 3080 Pittsburgh, PA 15230-3080 Attn: Collateral Unit 0275 00414 CL-291(Rev . 3197) LC. Z97 L D Z97 Page 6 of 6 0275 P 176-59-1173 2 CL281 (01) 110298.1516 BmI497 ?Act 69 fir, .M ?: ^,t ?•S ?, ? , .. as Mortgagor(s) to Mellon Bank. N.A. as Mortgagee: ALL THAT CRTAIN PROPERTY SITUATED IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND, AND THE COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: PARCEL ID #18-23-0565-156 AND BEING MORE FULLY DESCRIBED IN A DEED DATED 2-17-87 AND RECORDED 3-25-87, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK 320, PAGE 154 . CO QQ 3 O a Y sooKi497 , 70 LZ-0221 Rev.(4/96) LC. 3196 LD 3196 0275 P 176.58-1173 2 CL.281 (01) 110298,1516 This Exhibit A refers to that certain Mortgage dated 11/13/1998 from BRIAN D. PUTNEY PATRICIA A. PUTNEY jF; VI w t M W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: Plaintiff, TYPE OF PLEADING: ACT 91 AFFIDAVIT VS. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Filed on behalf of Plaintiff CITIZENS BANK OF PENNSYLVANIA Defendants. Counsel of Record for this Party: Christopher P. Schueller, Pa.I.D.# 92746 Timothy P. Palmer, Pa.I.D.# 86165 BUCHANAN INGERSOLL & ROONEY PC 301 Grant Street, 20th Floor One Oxford Centre Pittsburgh, PA 15219 412-562-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: Plaintiff, TYPE OF PLEADING: ACT 91 AFFIDAVIT VS. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. Christopher P. Schueller states under the penalties provided by 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities that: 1. I am making this statement on behalf of the Plaintiff, Citizens Bank of Pennsylvania. 2. No notice pursuant to Act 91 of 1983 was required, and therefore none was given to Defendants, because the property securing the mortgage is not the principal residence of the Defendants. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn faati9p49 authorities. Dated: Septembe?, 2006 Christopher P. Schueller, Pa.I.D.# 92746 BUCHANAN INGERSOLL & ROONEY PC One Oxford Centre, 20th Floor 301 Grant Street Pittsburgh, PA 15219-1410 Firm I.D. No.: 0038 (412) 562-8432 ##2001618-v1 3"' C_a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: bl,. e L Plaintiff, VS. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. NOTICE OF ENTRY OF JUDGMENT BY CONFESSION To the Defendants: Please be advised that on , 2006, a judgment by confession in .?j L c 4 the amount of $193,193.93 was entered gainst you and in favor of the plaintiff pursuant to a Complaint for Confession of Judgment. A copy of the Complaint is enclosed with this Notice. Prothonotary #2001598-v1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: 2006-05577 vs. Plaintiff, AFFIDAVIT OF SERVICE OF RULE 2958.1 NOTICE BRIAN D. PUTNEY and PATRICIA Filed on behalf of Plaintiff A. PUTNEY, Counsel of Record for this Party: Defendants. Christopher P. Schueller, Pa. I.D. #92746 Timothy P. Palmer, Pa. I.D.#86165 BUCHANAN INGERSOLL & ROONEY PC 301 Grant Street, 20th Floor One Oxford Centre Pittsburgh, PA 15219 (412) 562-8413 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: 2006-05577 Plaintiff, vs. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. AFFIDAVIT OF SERVICE OR RULE 2958.1 NOTICE Timothy P. Palmer states under penalties provided for by 18 Pa. C.S.§ 4804 (unworn falsification to authorities) that: I am a competent adult. 2. On October 25, 2006, I mailed a Notice under Rule 2958.1 of Judgment and Execution Thereon, a true copy of which is attached hereto as Exhibit A, to Brian D. Putney by first class, United States certified mail, restricted delivery, return receipt requested, postage prepaid, in an envelope bearing the return address of Buchanan Ingersoll & Rooney PC, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219, and the same was received by Brian D. Putney as evidenced by the U.S. Postal Service Request for Certified Mail and the certified mail return receipt annexed hereto collectively as Exhibit B. 3. On October 25, 2006, I mailed a Notice under Rule 2958.1 of Judgment and Execution Thereon, a true copy of which is attached hereto as Exhibit A, to Patricia A. Putney by first class, United States certified mail, restricted delivery, return receipt requested, postage prepaid, in an envelope bearing the return address of Buchanan Ingersoll & Rooney PC, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219, and the same was received r by Patricia A. Putney as evidenced by the U.S. Postal Service Request for Certified Mail and the certified mail return receipt annexed hereto collectively as Exhibit C. 4. On October 25, 2006, I mailed a Notice under Rule 2958.1 of Judgment and Execution Thereon, a true copy of which is attached hereto as Exhibit A, to Brian D. Putney and Patricia A. Putney by first class, United States certified mail, restricted delivery, return receipt requested, postage prepaid, in an envelope bearing the return address of Buchanan Ingersoll & Rooney PC, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219, and the same was received by Brian D. Putney and Patricia A. Putney as evidenced by the U.S. Postal Service Request for Certified Mail and the certified mail return receipt annexed hereto collectively as Exhibit D. I understand that a false statement in this verification will subject me to the penalties provided by law (misdemeanor of the second degree). Dated: November 28, 2006 mothy P. Palmer Fxhib; f }? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Case No.: 2006-05577 Plaintiff, vs. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO: BRIAN D. PUTNEY and PATRICIA D. PUTNEY 705 Apple Drive Mechanicsburg, PA 17055-3474 _ A judgment in the amount of $193,193.93 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 to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENTS 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, 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 S. Bedford St. Carlisle, Pa. 17013 717-249-3166 1-800-990-9108 Christoph r P. Schueller, Esquire Pa. I.D. # 92746 Timothy P. Palmer, Esquire Pa. I.D.#86185 BUCHANAN INGERSOLL & ROONEY PC One Oxford Centre, 20th Fl. 301 Grant Street Pittsburgh, PA 15219 (412) 562-8800 Attorneys for Plaintiff ?x??b`i 8 O Return R Fee ?c Parlf'?, Hem MR M. j n R OCT 2 5 2006 O (EndorsementRequired) ANSMOM, r1 C3 Y Ft? Total Postage & Fees . LISPS 10.Sweo C] Brian D. Putney, -__-----_ r - : ....... .----- - or PO Box Ma --_7Q -,Aj2p-le_.Drim .-_---------- . ¦ Complete items 1, 2, and 3. Also complete. Item 4 if Restricted Delivery is desired. ¦ Print your name and address. on the reverse so that we can return the card to you. ¦ Attach this card to the Hack of the maiipiece, or on-the front if space permits. 1. Article Addressed to: Brian' D Putney. 705.Apple Drive Mechanicsburg, PA 17055-3474 J ON DELIVERY .,? 13 Aae(t B. Received -by ( Printed Nom.. ?. I C. D. Is delivery address different from.ite if YES, enter delivery address bA of Delivery No l? a 1? i ?. xhibi4 C r SENDER: COMPLETE THIS SECTION i Complete items 1 2, and 3. Also complete item 4 if Restricted Delivery is desired. j it Priht your name and address on the reverse so that we can return the card to you. i ¦ Attach this card to the back of the mailplece, or on the front if space permits. -a Article Addressed to: A. Sig re X L B. Received by (Pdnte4*j") D. Is delivery address different from Ite If YES, enter delivery addle" C. Dat6kf Delivery 4, VP Sender: Please print your name, address, and ZIP+4 in Deborah Kelly Buchanan Ingersoll & Rooney One Oxford Center 301 Grant Street;, 20th Floor Pittsburgh, PA 15219 t7 crv? Ca zap K-7 7 - C rn co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CITIZENS BANK OF PENNSYLVANIA Plaintiff, VS. Case No.: 06-5577 BRIAN D. PUTNEY and PATRICIA A. PUTNEY Defendants. ASSIGNMENT OF JUDGMENT By the attached Assignment of Mortgage, the judgment in the above-matter entered on September 26, 2006 in the amount of $193,193.93 plus costs of suit and interest at the rate of 6% from and after August 11, 2006, has been assigned by Citizens Bank of Pennsylvania to Pramco CV6, LLC , a Delaware limited liability company having an address of 6894 Pittsford- Palymra Road, 200 CrossKeys Office Park, Suite 230, Fairport NY 14450 which is hereby substituted as Plaintiff. Dated: April 30, 2008 Timothy P. Palmer, Pa. I.D. No. 86165 BUCHANAN INGERSOLL & ROONEY PC One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219 Attorneys for Pramco CV6, LLC ROW P. 31Egi,fR RECORDER OF DEEDS CLIMB ERLAHO'C.0UHTr- r 10 ffe 16 RR 20 22 When Recorded Return To: Pramoo CV6, LLC 6894 Pittsford-Palmyra Road 200 CrossKeys Office Park, Suite 230 Fairport, NY 14450 I:vm Tc .131DIZI s W3s : CI.T10? Citizens Bank of Pennsylvania ("Assignor"), having an address of 525 William Penn Place, Pittsburgh, PA 15219, the holder of a Mortgage given by Brian D. Putney and Patricia A. Putney dated November 13, 1998 and recorded with the Cumberland County, Peansyly-W& Recorder in Book 1497• Pale 64 (together with any other amendments, renewals, extensions, or modifications thereto, the "Mortgage"), as the same has been assigned to Assignor from Mellon Bank, N.A. by Assignment of Mortgage recorded with the Recorder of said County in Book 692, Page 4002-,-hereby assigns the Mortgage, and the note(s) and claims secured thereby, fob CV6, LLC {"Assignee'), with an address of 6894 Pittsford-Palmyra Road, 200 CrossKeys Office Park, Suite 230, Fairport, NY 14450. The Mortgage pertains to property located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania. This assignment is made without recourse, representations cr warranties of any kind. See Property Description attached as Exhibit A. Executed under seal as of this day of November 2006. (A K_ Witnesses SELLER CITIZENS BANK OF PENNSYLVANIA I Y. P - By. Christopher Daniel Its: Vice President 1(e-73-4-?G2226 Commonwealth of Massachusetts County of Suffolk On this (& d y of November 2006, before me, the undersigned notary public, personally appeared Christopher Daniel, Vice President of Citizens Bank of Pennsylvania, proved to me through satisfactory evidence of identification, which was [check eye]: photo identification; credible witness; or ? personal knowledge, to be the person whose name is signed on the preceding or attached d;& ent, and acknowledged to me that he/she signed it voluntarily for its stated purpose. _, . --- commi ssion expires:'T/ Certificate of Residence I hereby certify, that the precise address of the Assignee, Pramco CV6, LLC, herein is as follows: 6894 Pittsford-Palmyra Road, 200 CrossKeys Office Park, Suite 230, Fairport, NY 14450. i t--'A--' sY Timothy P. Sheehan Its Authoztzed Repremtstive OK.0734PG2227 i ALL THAT CRTAIN PROPERTY SITUATED IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND, AND THE COMMONWEALTH OF PENNSYLVANIA, BRING DESCRIBED AS FOLLOWS: PARCEL ID 018-23-0565-1S6 AND BEING MORE PVLLY DESCRIBED IN A DEED DATED 2-17-87 AND RECORDED 3-25-87, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED BOOK 320, PAGE 154 . I Certify this to be recorded In Cumberland County PA • i ??i Recorder of Deeds Off-va•7 374 x"6.2 2 2! O rv 1 s ? -701 w ?::; 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, Plaintiff, V. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. CIVIL DIVISION No. 06-5577 SATISFACTION OF JUDGMENT Filed on behalf of Plaintiff, PRAMCO CV6, LLC Counsel of Record for Plaintiff: 0 _ CS r , Timothy P. Palmer Pa. I.D. No. 86165 BUCHANAN INGERSOLL & ROCD.gEY*C One Oxford Centre -' 301 Grant Street, 20th Floor Pittsburgh, PA 15219-1410 (412) 562-8413 ,-3 n 5? -11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, No. 06-5577 V. BRIAN D. PUTNEY and PATRICIA A. PUTNEY, Defendants. SATISFACTION OF JUDGMENT TO: THE CUMBERLAND COUNTY PROTHONOTARY WHEREAS, on September 26, 2006, a judgment in the amount of $193,193.93 was entered against the Defendants in the above-captioned matter. WHEREAS, the Defendants have satisfied the judgment. THEREFORE, the Prothonotary of Cumberland County is hereby requested to satisfy and cancel the judgment of record. Date: April, 2009 Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC By: Tiothy K Palmer Pa. I.D. No. 86165 One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219-1410 (412) 562-1825 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiffs Satisfaction of Judgment was served upon Defendants via First Class Mail on thi day of April, 2009, at the following address: Brian D. Putney 705 Apple Drive Mechanicsburg, PA 17055-3474 and Patricia A. Putney 705 Apple Drive Mechanicsburg, PA 17055-3474 imo . Palmer