HomeMy WebLinkAbout94-00913
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.:oau-'\t.'ff':'ilOH SECTION
Mellon Eank. H. A.. ~omp.rl'l
C:ollllllon\;ealth ~:at1onal Bank
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In the Court of Common Ple:1.S of
Cwnberland Countv. Pennsvlvania
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Rose Family Cleaners
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.~",i~c:ion therefore Ih:ul be enlerea upon :he records thereof,
.\nd funner,
r :0 hereby ~uthorize ,nd empower _____J._<\l!UA..!l_I_.__~JJJs.U________________________._
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:::eProthonoary ,f laid Court. to appear ________l!s.._u________~_______________________
J.r.Q.:\ our
"-:une and 1teaCl :0 enter iuilla",iac:ion upon the record oi 'aid Judgment, as iullv ,na eifec:ually, :0 ail
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. . be f ". .. cis d --.- -.,. 19th
U1 tCSamODY w reo t ! ,~ve nereunto set our UoOin an s~ wg --------- .--------------------------
. July 94 "ellon F.ark. N. A.. formerl'l
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>> ATTEST: thy. La;ilv~ter, Qualtiy Control Supervisor
COUDcy OCClIIDbalaDd.
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P::'Io4ur appeared before ale. :he ,ubscnber. ________ ___u_________________________~_________________u_._
Jarres M. Robinsun . ~~ellcn j~rk. .'1. .... 'L~oft.:lerl"
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.__________.____________~_______________________________________________________________ :he PUWn:iif in the
>bove Jucgment, and in due fOm! 01 ;aw 'c.lr.nowled~ the 'vithin and fo",!oln! Power of .~tCOl'llev :0 ,atisfy the JUd20
",ene 'el :or-.l1. :0 be her ate and deed. and d....-::d :hat :hi: """"'. si>:,;l be med of record in the office of the i':othon.
,UN of :he Coure of Co=on i'!caJ oi Wd COUDly.
111 Icslimacly whereof. r have hereUDco see my hand and ,ea! this ________l3_l;U____________________u__u____
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15426-I.C.5.a.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
MELLON BANK, N.A.,
No. q 13
C IVI I ,Q91/
Plaintiff
Vs.
PAUL L. KOSTICK. tla
ROSE FAMILY CLEANERS,
Defendant
NOTICE OF ENTERING JUDGMENT
TO: Hr. Paul L. Kostick. tla
ROSE FAMILY CLEANERS
41 George Circle
Mechanicsburg, PA 17108
You are hereby notified that on February 25.1994 , Judgment by
Confession was entered against you in the above-captioned case.
The Judgment was as follows:
Principal Amount Due.......................$ 41.076.60
Interest Due.As. Df .Q2JD91.9.4...................
319.67
Attorney's Fees ( 20% ).....................
8,279.25
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 49.675.52
Da ted: February 25, 1994
/
/ ~/
Jack F. Ream, Esquire
Kain, Brown & Roberts
119 East Market Street
York, PA 17401
(717) 843-8968
Attorney 1.0. #10241
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
MELLON BANK, N.A.,
No. q J3
CiV, I /991
Plaintiff
Vs.
PAUL L. KOSTICK, t/a
ROSE FAMILY CLEANERS,
Defendant
CONFESSION OF JUDGMENT FOR MONETARY AMOUNT
Pursuant to the authority contained in the Warrant of
Attorney, a copy of which is attached to the Complaint and marked
Exhibit "A" filed in this action, I appear for the Defendant and
confess judgment in favor of the Plaintiff and against the
Defendant for monetary damages as follows:
Principal Amount Due.........................$ 41,076.60
Interest Due as of 02/09/94..................
319.67
Attorney's Fees Due (20X). ..................
8,279.25
TOTAL........................................$ 49,675.52
The lien of this Judgment shall not constitute a lien on real
estate and improvements of Defendant situate at 41 George Circle,
Upper Allen Township, Cumberland County, Pennsylvania, and more
particularly described in Exhibit "B" of Complaint.
Dated: February 25, 1994
~
Jack F. Ream, Esquire
KAIN, BROWN & ROBERTS
119 East Market Street
York, PA 17401
(717) 843-8968
Attorney I.D. #10241
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
MELLON BANK, N.A.,
No. 9 J 3
C fI', /
111'1
Plaintiff
Vs.
PAUL L. KOSTICK, t/a
ROSE FAMILY CLEANERS,
Defendant
COM P L A I N T
AND NOW, TO WIT, this 25th day of February, 1994, comes
the Plaintiff by and through the Law Firm of Kain, Brown & Roberts,
119 East Market Street, York, Pennsylvania, and files this
Complaint pursuant to the Pennsylvania Rules of Civil Procedure,
Rule Nos. 2950 through 2962, for Judgment in Confession of Judgment
of which the following is a statement, that:
Confession of Judoment for Monev
1. The Plaintiff is MELLON BANK, N.A., a national banking
corporation organized and existing under the laws of the United
States of America, with one of its principal places of business at
10 South Market Square, City of Harrisburg, Dauphin County,
Commonwealth of Pennsylvania.
2. The Defendant is PAUL L. KOS'l'ICK, a male individual,
trading as ROSE FAMILY CLEANERS, with his principal place of
business at 41 George Circle, Mechanicsburg, Cumberland County,
Commonwealth of Pennsylvania 17108.
J. Attached hereto, marked Exhibit "A" and incorporated
herein by reference thereto executed by Defendant on August 24,
1990 is a "Note and Security Agreement" which contains a Warrant of
Attorney and hereinafter referred to as "INSTRUMENT".
4. The aforesaid "Instrument" has not been endorsed or
assigned by the Plaintiff.
5. Judgment has not been entered on the aforesaid
"Instrument" in any jurisdiction.
6. The "Instrument" contained in Exhibit "A" authorized the
entry of judgment at any time.
7. The lien of this Judgment shall not constitute a lien on
real estate and improvements of Defendant situate at 41 George
Circle, Upper Allen Township, Cumberland County, Commonwealth of
Pennsylvania, and more particularly described in Exhibit "B", which
is attached hereto and incorporated herein by reference thereto.
WHEREFORE, the Plaintiff demands Judgment by Confession
against Defendant pursuant to the Warrant of Attorney contained in
the "Instrument" which is filed in the Prothonotary's Office in and
for Cumberland County, Commonwealth of Pennsylvania, for the
following amounts:
A. Total Amount of Principal............$ 41,076.60
B. Total Amount of Interest as of 02/09/94 319.67
C. Attorney's Fees (20%)........... ..... 8.279.25
D. TOTAL AMOUNT DUE.....................$ 49,675.52
Dated: February 25, 1994
(~
Jack F.-Ream, Esquire
KAIN, BROWN & ROBERTS
119 East Market street
York, PA 17401
(717) 843-8968
Attorney I.D. #10241
Attorney for Plaintiff
..
COMMONWEALTH OF PENNSYLVANIA
.
.
: 58:
COUNTY OF YORK
.
.
Before me, a Notary Public, in and for the said County and
State, personally appeared Jimmy J. Kaderli
, who, being duly
sworn according to law, doth depose and say that
he
is the
Assistant Vice PresidDtit MELLON BANK, N.A., a banking institution
organized and existing under the laws of the United States of
America, and operating within the Commonwealth of Pennsylvania, and
that as such officer is authorized to make this Affidavit on behalf
of the Mellon Bank, N.A., and that the facts set forth in the
foregoing document are true and correct to the best of his
knowledge, information and belief.
. ,/'(SEAL)
Sworn and Subscribed to
before me this
22nd day
of February
, 19-2L.
~.L-v-.;'). \, . I'm. l\) ~.l%
Notary Pub 1c
NOTARIAL SEAL
Unda M. WolI, Notal\' Public
Vork, York County. PA
My Commission ewpl,es May 22. 1995
. 19L by subsequent maturity. This is the Note or one of the
Notejl.l'eferred to in that Loan A~m~ated
For value rec:elml, and intending 10 be legally bound. Under- l\.., ~ 1"1 ' ~ -<-~ 71e.::: 46
signed. as deCmed below, promises 10 pay The Commonwealth "wr" /../")c;7i (.,.y \.'<r,t...--""" . . between
NatJooal Bank Undersigned and Bank. aa the same may be supplemented
from time to time.
$
tL,~i
'2{
99.332.09
("Bank"l or its order at
HARRlSRIJRG PA
the sum of
NTvrTY NINi THOU SAW>> THREE HUNDRED
Dollars
TIIIRT',' TII6
oo/uo--------
1$ 99 333.1I1P I,orsuch
lesser or greater principal amount as may be outstanding
Crom time to time under a discretionary line of credit
established by Bank for the benefit of Undersigned, with
interest on the outstanding balance from the date of this
Note and Security Agreement ("Note") at the rate(s) ("Con.
tractural Rate(s)'" specified herein.
INTEREST SHALL BE CALCULATED AT THE RATE OF
11.00% PER ANNUM. PRINCIPAL AND INTEREST
SHALL BE PAID IN 59 CONSECUTIVE INSTALMENTS
OF S2.159.72 EACH, COKKENCING ON
OCTOBER 15~ 1990~ AND THEREAFTER ON THE 15TH
DAY OF EACn MONTn IIITH THE BALANCE OF THE
INDEBTEDNESS. IF NOT SOONER PAID. DUE AND
PAYABLE ON SEPTEMBER 15. 1995.
-....""'...'"
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 times all amounts out.
standing 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.
Certain terms used in this Note are defined in Section 9
below.
1. Security Interest. Undersigned hereby grants to Bank a
security interest in the following property now owned or
hereafter acquired by Undersigned:
LJ _(01 all equipment. wherever located. including
machinery, motor vehicles, furniture and fixtures;
o _(bl all inventory lwhether held for sale or lease or to be
furnished under contracts of servicel. raw materials. work in
process. and materials used or consumed in the conduct of
Undersigned's business, and all books. records. invoices and
other documents which describe or evidence the same;
o _(cl all farm products;
C _Id) all accounts, contract rights, general intangibles,
choses in action. instruments, chattel paper. documents
(including all documents of title and warehouse receipts)
and all rights to the payment of money, however evidenced
or arising;
o _(e) the securities described below. together with all
cash. stock or other dividends or distributions paid upon or
made in respect oC such securities in any Corm; nil securities
received in addition to or in exchange for such securities;
and all subscription rights incident to such securities; and
-
After maturity. whether by acceleration or otherwise.
interest shall accrue at a rate 2 percent per annum above the
Contractual Ratelslspecified until all sums 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 judg.
ment are paid, unless the Contractual Ratels) is (are) altered
EXIIIIIlT "A"
P(\LI L. V'[fji~ I:.{O ~K"I...'""'l'\l...C.~ C1..J..(\_'L..:. l..~) 10\ - '\'1 'S . 0.:X)l-:) i c I
failure to exercise or delay in exercising any such right.
lb) Bank shall retain the lien of any judgment entered on
account of the indebtedness evidenced hereby, as well as any
security interest previously granted to secure repayment
of the indebtedness evidenced hereby. and Undersigned
warrants that Undersigned has no defense whatsoever to
any action or proceeding that may be brought to enforce or
realize on such judgment or security interest, (cllf any
provision hereof shall for any reason be held invalid or
unenforceable. no other provision shall be affected thereb)'.
and this Note shall be construed as if the invalid or unenforclk
able provision had never been u part of it. The descriptive
headings of this Note are for convenience only and shall
not in any way affect the meaning or construction of any
provision hereof, (d) The rights and privileges of Bank
contained in this Note shall inure to the benelit of its suc-
cessors and assigns, and the duties of Undernib'llpd shall
bind all heirs. personal representatives. successors and
assigns. Ie) This Note shall in all respects be governed by
the laws of the state in which this Note is payable lexcept to
the extent that federal law governsl. and all references to
the Uniform Commercial Code shall be deemed to refer to
the Uniform Commerica! Code as enacted in such state.
lfl Undersigned hereby irrevocably appoints Bank and each
holder hereof as Undersigned's attorney-in.fact to: f1l 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: and 121 take any action Bank deems necessary
to perfect or maintain perfection of any security interest
granted to Bank herein, including executing any document
on Undersigned's behalf.lgl Undersigned shall bear the risk
of loss of, damage to. or destruction of the Collateral. and
Undersigned hereby releases Bank from all claims for loss or
damage to the Collateral caused by any act or omission on
the part of Bank. except for willful misconduct. (hI Copies or
reproductions of this document or of any financing state.
ment may be filed as a financing statement.
WUnI"U'
,
^ttetUWltnes.;
.. ......,
ICorpor.lt'Sto.1I
C1..m.221 (Pm-, Cl.2211
.....
9. Definitions, As used herein: (a) "account:' "chattel paper,"
"contract right," "document:' "instrument:' and "inventory"
have the same respective meanings given to those terms in
the Uniform Commercial Code; (b) "general Intangibles" ha.
the meaning given to that term in the Uniform Commercia.
Code. including without limitation, customer lists, books
and records (including without limitation. all correspondence.
files, tapes, cards, book entries. computer runs. computer
prob"ams and other papers and documents. whether in the
possession or control of Undersigned or any computer
service bureau). rights In franchises and sales contracts,
patents. copyrights. trademarks. logos. goodwill, trade
names, labe! designs. royalties, brand names. plans, blue-
prints, inventions. patterns. trade secrets. licenses. jigs.
dies. molds. and formulas; (c) "Chief Executive Office"
means the place from which the main part of the business
operations of an entity is managed; and (dl"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 bound hereby both in such general partner's
individual and partnership capacities,
10. Confession of Judgment. Undersigned 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 in favor of the holder
hereof. as of any term. for the above sum plus Interest due
under the terms hereof. together with costs of legal pro.
ceedings and an attorney's commission equal to the lesser
of (01 20'70 of the above sum and Interest then due hereunder
or S500.00. whichever Is greater. or (bl the maximum amount
permitted by law. with release of all errors. Undersigned
waives all laws exempting real or personal property from
execution.
Jndl\'id~
, ,'-_'" \. -.S" \ ~\.L ,S..Io
Addll'!l" ' .
PAUL L. KOSTICK. ,!,ndiVid~all\' /. Ti;\ HOSe
TarnAl_y' le<tllpr;,
In'h'i~TilEORGE-CI-RCbE-;HEe!I*N=U 0, fA l1ess
,
Addr""li
eSe.1t
t"llrrOUuon lit Olht., t:nlil~
It)"; ISiKnatutl' And Titll'1
,
It)'; ISilt'nalu", and 11tll.,
1St-all
,
IIU!llnt'!olt I\ddn'""
IS...h
bnlance sheets and income statements), all in form and
content satisfactory to Bonk: Ikl execute, upon demand by
Bank, any financing statements or other documents wbich
Bank may deem necessary to perfect or maintain perfection
of the security interestlsl created in this Note and pay all
costs and fees pertaining to the filing of any financing,
continuation or termination statements with regard to such
security interests; III procure. and couse 0 statement of
Bank's security interest to be noted on. any certificate of
title issued or required by law to be issued with respect to
any motor vehicle constituting part of the Collateral. and
cause any such certificate to be delivered to Bank within 10
days from the later of the date of this Note or the date of
the issuance of such certificate; (ml pay, upon demand. nil
amounts incurred by Bank in connection with any action or
proceeding taken or commenced by Bank to enforce or collect
this Note or protect, insure or realize upon the Collllwrnl.
including attorney's fees equnl to the lesser of 10120% of
the above sum and interest then due hereunder. or 5500,00.
whichever is greater. or Ib) the maximum amount permitted
by law. and attorney's costs and nil costs of legnl proceedings:
and In} immediately notify Bank if any of Undersigned's
accounts arise out of contracts with the United States or
any department. agency or instrumentality thereof, and
execute any instruments and take any steps required by
Bonk in order that nil moneys due and to become due under
any such contracts shall be assi!,'l1ed to Bank and notice
thereof given to the United States under the Federal
Assignment of Claims Act.
5. Events of Default. The occurrence of any of the following
shnll constitute an "Event of Default" hereunder: lal default
in payment or performance of any of the Obligations
evidenced or secured bv this Note or anv other evidence of
liability of Undersigned to Bank: Ibl the breach hyany
Obligor Idefined as Undersi!,'l1ed and each surety or !,'llaranlOr
of any of Undersi!,'l1ed's liabilities to Bank, as well as an~'
person or entity b'fanting Bank a securit~. interest in prop-
erty to secure the Obligations e\'idenced herehy) of any
covenant contained in the Loan A!,'1'Cement Ii! an~'I, this
Note, or in any separate security. b'llarantee or suretyship
ab'1'Cement hetween Bank and an~' Obligor, the occur:-cnce of
any default hereunder or under the terms of any such agree'
ment, or the discovery by Bank of any false or misleading
representation made by any Obligor herein or in aoy such
agreement or in any other information submitted to Bank
by any Obligor; lei with respect to any Obligor: I I) death or
incapacity of any individual or general portner; or 121 disso.
lution of any partnership or corporation: Idl any assignment
for the benefit of creditors by any Obligor; (el insolvency of
any Obligor: en the filing or commencement of an~' petition.
action. case or proceeding, voluntary or involuntary, under
any state or federal low regarding bankruptcy, insolvency,
reorganization. receivership or dissolution. indudinl( the
Bankr!1}ltcy Reform Act of 1978. as amended. by or against
any O8Ilgor: lltl default under the terms of any lease of or
mortgage on the premises where any Collateral is located:
Ihl garnishment. attachment or taking hv governmental
authority of any Collateral or other property of the Under-
sib'l1ed which is in Bank's possession: iii a determination hv
Bonk, which determination shall be conclusi,," if made in .
good faith, that a malerial adversE' chan!!e has occurred in
the finllncial or business condition of Undersib'luod: or ljl till'
maturity of any life insurance policy held as collateral un~er
this Note hy reason of the deatb of the insured or otherWise.
Ii. Acceleration: Remedies. Upon either iii the occurrence
of any Event of Default, or Iii) if this Note is payable on
demand. such demand hy Bank: 101 all amounts due under
tbis Note. including the unpaid balance of principal and
interest hereof. shall become immediately due and payable
at the option of Bonk. without any demand or notice what.
soever; Ibl Undersib'l1ed shall, upon demand by Bank.
assemble the Collateral and promptly make it available to
Bank at any place designated by Bank which is reasonably
convenient to both parties: (cl Bank may immediately and
without demand exercise any of its rights and remedies
granted herein. under applicable low. or which it may other-
wise have. against the Undersigned, the Collateral. or
otherwise; and Idl Bank may. without notice or process of
any sort. peaceably enter any p....mises where any vehicle
constituting a part of the Collateral is located and take pos-
session. retain and dispose of such vehicle and all property
located in or upon it, Bank shnll have no obligation to return
any property not constituting Collateral found in any such
vehicle unless Bank actually receives Undersigned's written
request therefor specifically describing such property within
72 hours nfter repossession thereof,
7. Bank's Rights. Undersigned hereby authorizes Bank, and
Bank shall have the continuing right. at its sole option and
discretion, to: fal do anything which Undersigned is required
but fails to do hereunder. and in particular Bank may, if
Undersigned fails to do sO. (II insure or take any reasonable
steps to protect the Collateral. (21 pay all taxes. levies,
expenses and costs arising with respect to the Collateral, or
13} pay any premiums payable on any policy of insuranc"
required to be obtained or maintained hereunder. and add
any amounts paid under this Section 7101 to the principal
amount of the indebtedness secured by this Note: lbl direct
uny insurer to mak{l pu)'mcnt of any insurance proc(ted~.
includinl( any returned or unearned premiums. directly to
Bank. and apply such moneys to an~' Obligations or other
amounts evidenced or secured hereby in such order or fashion
as Bank may elect 101 inspecttbe Collateral at any reason-
able time: Idl pay any amounts Bank elects to payor advance
hereunder on account of insurance. taxes or other costs, fee.
or charges arising in connection with the Collateral. either
directly to the payee of such cost. fee or charge. directly to
Undersigned. or to such payeelsl and Undersi!,'l1ed jointly:
and leI pay the proceeds of the loan evidenced by this Note
to any or all of the Undersigned individually or jointly, or to
such other persons as any of the Undersigned may direct.
In addition to all rights given to Bank by this Note. Bonk
shall have all the rights and remedies of a secured party
under any applicable law. including without limitation. till'
Uniform Commercial Code.
8. 1\IIscellaneous Provisions. lal Undersigned waives protest
of all commercial paper at any time held by Bank on which
Undersi!(ned is in any way liable. notice of nonpayment at
maturity of any and all accounts. and lexcept where requested
Ill'relll'l noticl' of action taken II\" Bank: and herel,,' rlllifi"s
and c~nfirms whatevor Bank mil\" do. Bank sholl ile entitled
to exerciSl' any rif.thL notwithstUlldinf.,t any prior l'xl'rcisl'.
XX__.lCI Other;
1-PEMILMATIC SUPER 96-55LB. CARTRIDGE DRY
CLEANING MACHINE 18...361
1-PEMILMATIC SUPER 96-55LB. POWDER FILTER
DRY CLEANING MACHINE 18D0346
1-10 TON MASTER CHILLER REMOTE 232900173
'l\::gether with all attadlle'lts, """""""des, replacorcnts,
am substitutia1.!l therefor, as ~1 as all prcaxxls of
tOO foregoiIg.
(Ill In addition to the foregoing. Undersigned (IJ grants to
Bank a security interest in all accessions. parts. accessories.
attachments and appurtenances in any way used with.
attached or related to. or installed in. any equipment or
inventory constituting "Collateral" hereunder; (21 grants to
Bank a security interest in all substitutions for. renewals
of, improvements. replacements and additions to. and the
products and proceeds Icash and non.cashl of all property
constituting "Collateral" hereunder and any insurance
policies relating thereto; (31 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 lcash and non.cashl of all the foregoing property;
and (4) 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.
All such property subject to Bank's security interests
described in this Section I is referred to herein collectively
as the "Collateral." With respect to Section 4 hereunder, the
term "Collateral" shall not include the property described in
subsections (gl (31 and (gl (41 of this Section I.
All security interests in Collateral shall be deemed to arise
and be perfected under and governed by the Uniform
Commercial Code. except to the extent that such law does
not apply to certain types of transactions or Collateral. in
which case applicable law shall govern.
2. Oblillations Secured. The Collateral shall secure the
following ohligations ("Obligations"l of Undersi!,'Iled to
Bank: (al all amounts at any time owing or payable under
this Note; (bl all costs and expenses incurred hy Bank in the
collection or enforcement of this Note or the protection of
the Collateral; (cl 011 future advances made II\' Bank for
taxes. levies, insurance. and repairs to or maintenance of the
Collateral; and (dl anv other indebtedness. Iiabilitv or
oblillation of Undersigned to Bank. past, present 'or future.
dil'l'ct or indirect. absolute or contingent, individual, joint or
seve~ow due or to become due. whether as drawer. maker.
endorser. !,'IIarantor. surety or otherwise, except that none of
the security interests created herein shall secure any ohlillll-
tion incurred by Undersi!,'Iled which is defined os "consuml'r
credit" hy Federal Heserve BOllrd He!,'IIlation Z, 12 C.I.:H.
*226.1 et seq" llnd is not eXl'mptcd fml11the application of
that Hej..'IIlatioo.
.---
3, ltepresentations. Undersi!,'Iled hereby makes the following
representations and warranties which shall be true and
correct on the date of this Note and shall continue to be true
and correct at the time of the creation of any Obligation
secured hereby and until the Obligations secured hereby shall
have been paid in full: (a) Undersigned's residence and/or
Chief Executive Office. as the case may be. is as stated below
or as otherwise stated in a subsequent written notice
delivered to bank pursuant to the terms hereof; (b) Under.
signed has good and marketable title to the Collateral
subject to no security interest. lien or encumbrance. except
as indicated to the contrary to Bank in writing prior to the
execution of this Note; and eel if any of the Undersigned is
an individual. each such individual is at least 18 years of age
and under no legal disability or incapacity,
4. Covenants. Undersigned covenants and agrees that until
the Obligations secured hereunder have been paid in full.
Undersi!,'Iled shall; 10) use the proceeds of the loan evidenced
hereby only for the purpose specified to the Bank at or prior
to the execution hereof; Ibl not permit use of the Collateral
for any illegal purposes; eel promptly notify Bank in writing
of any change in its or their residence or Chief Executive
Office; (dl not permit removal of any of the Collateral from
county to county or state to state unless Bank has given
written consent in advance; (el maintain at all times good
and marketable title to all Collateral, free and clear of any
security interest. lien or encumbrance (except as to which
Bank may grant its prior written consent pursuant to
section 4 {f) belowl, and defend such title against the claims
and demands of all persons; lCI not III affix the Collateral or
permit the Collateral to be affixed to real estate or to any
other goods. (2) lease. mortgage. pledge or encumber the
Collateral. (31 permit the Collateral's identity to be lost,
(41 permit the Collateral to be levied upon or attached under
any legal process, (51 permit or cause any security interest
or lien to arise with respect to the Collateral (other than
those created in this Note). or 161 except Collateral custom.
arily sold hy Undersi!,'Iled in the ordinary course of business
and so sold in such manner for full value. sell. consi!,'Il. part
with possession of, or otherwise dispose of the Collateral
or any rights therein. except as Bank may grant its prior
specific written consent with respect to acts or events
specified in subsections 111. (2). (51 or (61 hereof; (g) maintain
the Collateral in good condition and repair. excepting only
reasonable wear and tear; pay and discharge 011 taxes and
other levies on the Collateral. as well as the costs of repair
and maintenance thereof: and furnish to Bank upon request
documentary proof of payment of such tuxes, levies and
costs; fhl provide additional collateral at such times and
haVing such \'alue as Bank may request, if Bank shall haw
reasonable !,'I"Ounds for belie\'ing that the \'alue of the
Collateral has become insufficient to secure 011 Obligations
evidenced or secured by this Note; iii purchase and maintain
policies of insurance (including flood insurancel to protect
the Collateral or other property against such risks and
casualties, and in such amounts. as shall he required hy Bank
andlor applicable la\\'. which policies shall UI be in form and
substance satisfactory to Bank. (21 desi!,'Ilate Bank as Inss
payee and, at Bank's option. as additional insured. and 1:11
he lur certificates e\'idencing same shall bel deposited with
Bank; Ijl provide. upon request, financial or other informa-
tion, documentation or certifications to Bank lincluding-
FEB ~~ '94 15:27
FRO/1 MELLOI~-BUS~BAUK.ING
-.
PAGE-BBI
.11
,-...,
'..
. .
EXHIBIT A
THIS EXHIBIT A RlFERS TO THAT CERTAIN MORTGAGE DATKD
19 , FRDK PAUL L. KOSTICK AND JOm KOSTICK (DECEASED)
. AS MORTGAGOR(S) TO T81: COIOlOHVIALTS NATIONAL BANK AS IIDRTGAGEE:
All THAT CERnIN .1... .r parcd .f land, with tho butld I.... ani I..r.....ato thueoa
erect.d, SITUATE in Upp.r Allen Townlhip. Cumberland C.unty, ..nn.yl..nl., 004 d..-
<rlb.d o..ordlns to . Hap uf Property ~d. by Clrrlt J. Botl, Re,llt.r.d Surv.yor,
d.t.d J.nuary II, 1972, .. follow.. t. wlt:-
IECINNING at . hub au the V..tlrly .Id. .f Coor.. Cir.l. (40 f..t wid.), at . c.r..r
of Lot '18, ..1d point of b.,lnnln. beln, ....u..d .lona the .old .Id. of C.o...
Clr.l. La a Northerly dlr..tlon the dl.t..c. of 9S9.23 f..t fr.. It. point of Int.r-
...tlon Wltb the .Id. of MArkat Str..tl tb.nc. .xt.ndl.. fr.. ..Id poln. of be.lftftin.
.nd alan. Lot 'IS. South 55 d.,.... 21 .Inut.. V..t, tho dl..on.. of 164.96 f... to a
hub; in l1ac of I.nd. now or f....rly of Ioptl.t. l.tat.1 thon.. ..t.ndla. olona the
1... men.IDROd I.ad., NDrth 04 d.,.... 53 .iaut.. V.,., the dl.tone. Df 166.2' f..t
t. a hub, at a c.rn.r of Lot '17; th.... .x..adin. alan. Lot '17, ND.th 85 d......
07 .Inuto. .o.t, tho dl.t.n.. of 130.00 f..t to a hub .n th. V..t.rly .id. of C.o...
'-'Clrol., th.... ...tondina 01.08 th. 1.ld lid. .f C..... Circl. tho two (2) foU.lItn.
cour... and di.tone.., (I) South 04 d.sr... 53 .Inut.. Eo.t, tho dl.taD.. ol 34.72
l..t t. a polat of curv., .ad (2) 00 the ... of . .i..l. cUrYlns to tho l.ft hovina
· rodlUl of 100.00 t..t tbe orc dllto... of 51.95 f..t to tho flrlt ..neion.d poiat
and plac. ot BEGINNING.
BUNG SIIOWIlIIS 'AIIT 0' LoCI '17 .114 118 P10a .f 5unnylond, ro.ordod In 'loa look 12
.... 13.
IIAVIIlll th.r.on .....04 0 .pUt lavd 4"dUI\I kDovn oad nwobero4 .. 41 Cloor.. Clrcl..
BEINe tha '~ftQ pt..tl.. which Sta.run H. 'alcal and Arhondl. '..eal. his wlfe,
by De.d dot.d June 7, 1~68 on4 ...ordod In Cunborl.ad Count" In D..d look U Z1
'osa 64\ conveyed unto lIaJlIlft L. DAVI. .nd "cty T. DO"i., hi. vif., 10 f...
, .
, .
EXIIIBIT "B"
FAX Memo HU'koo".L @ Mellon Bank
Tot ,1Ac;<J~1WA. ........ \T~ IItJIJtllLf
CGJDo..... CoIDo,u .. I
FAX lUalltln "AI HWDbm i
_.au: j
** TOTAL PAGE.eBI **
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OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY, PENNSYLVANIA
Lawrence E. Welker
Prothonotary
Telephone
(717) 240-6195
Cumberland County Courthouse
One Courthouse Square
Carlisle, pennsylvania 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff:
MELLON BANK. N.A.
versus
Defendant:
PAUL L. KOSTICK. tla ROSE FA}IILY CLEANERS
Judgment No.:
CERTIFICATE OF RESIDENCE
PA R.C.P. 236
I, hereby certify that the precise residence of Plaintiff
is:
10 South Market Sauare. Harrisbura. Pennsylvania 17108
and certify that the last known address of the within Defendant is:
41 GeorRe Circle. MechanicaburR. Pennsylvania 17108
'\
",}} ,."'
'Jack F'.Ream, Esquire
KAIN, BROWN & ROBERTS
119 East Market Street
York, PA 17401
(717) 843-8968
Attorney I.D. #10241
Attorney for Plaintiff
"'-~,~
OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY, PENNSYLVANIA
Lawrence E. Welker
Prothonotary
Telephone
(717) 240-6195
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
Mr. Paul L. Kostick, tla
ROSE FAMILY CLEANERS
41 George Circle
Mechanicsburg, PA 17108
Da te: February 25, 1994
No.
RE: MELLON BANK, N.A.,
VS. PAUL L. KOSTICK, tla ROS FAMILY CLEANERS,
Plaintiff
Defendant
NOTICE is given that Judgment in the above captioned matter
has been entered against you on
February 2S
, 19 ~.
Lawrence E. Welker
PROTHONOTARY OF CUMBERLAND
COUNTY
By:
LU/Il- JJJ ~J'"
(Herk or Deputy
'~
t, '~
If you have any questions concerning the above case, please
contact:
Jack F. Ream, Esauire
Attorney or Filing ?arty
KAIN. BROWN & ROBERTS
119 East Market Street
York. PA 17401
(717) 843-8968
Attornev I.D. #10241
(PA Rule of Civil Procedure 236, as revised.)