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Home My WebLink About94-00915 " ".~ . _.~ , , NO. '9/s- Civil 19 PI? m~/~" &~K /fJ. /I. . ! t vs. ~ i fio / L. ~d-/c.J ,tI! I- . a /. court of Common Pleas Cumbo Co. I f .' , ". I .i' i :,> .I /1 .... \ ,/ ' {tl ":1 :1..1' .' .1 " f).' " Y i. I.. I.. '. '. I t I I t !' " . CO~~OAl lOMI /OI/f1S ;/..d;';3__ ~TArlOll-siCllOlf ..~.,. . ".IN ...... .w ~OC',JL-;a:.'H ~ r~ SffTlON Mellon Eank. :.1. :... :'cmp.rl., Commonwealth ~at10nal Bank ...................--...--................ .---...--- In the Coun of Common Plell.S of CwnberJ:uto COUDtv. PeDJ15vlvaniOl. , . ..........-......---..................... ............-- .., . .~ Paul L. Kostick, t/a ..........-...........------.-.............---........ . J,"~:~e::: ". :~'." 'I ?'3,~~:i :n ....!.~.~U1~1X......... Rose Family Cleaners 25, 1994 ; ..___.............____......._....... .~r @9J.!:?!J.4l I ...........-....---...-.....-.---...--...--....-----....-- ::; ..9.1.~... ...;..i.:.:~t..._.._ r~:-m. :'}.....!l4. ....- .... .....-- ............... ..... ....... -...---................ ;;,,.,,,,,, .. ....~:!'!-:~.).'... .................. :3?..4..... .........-----.....--........----------....----.....--------- ............ ____ _..... .~~~~R'!~~ft~ . Y A~t 9PA(~~: ~..._.... _............. ........ m.__m__ _ P!31n t1!f .:: ~;.: :00\': ;UCIf:T1.::':. ~o .p~...:.:, l::C J,c.~::'O\'lec~e :r.~c I ~:J (.;.:.'.. :ti,\"e nad :mci n::eiv~= 1n-: ~: ........~~.~~.~:_.~~~~.i.S~_~~~.~9_~.f~qlly.~~1n~r~............._..........~...._..___._........ ~:e .".nO'1Ot in the 3Oo\'e Jud:;:1,e:::. full ;:avmerlt and 'iU>:3CtlOn Ji :.'c .:.r::e, "'.t:: ;ntt""lt ~d COIU. anc desi....d :hat ,aa.bc:ion :r.ereiore Ih.ail be entered upon the records thereo!. ,\nd funher, I ::!o bereby 3uthorize 3nd empower __.__.r,;!.'l!rJ!A~g_.f_.__lill.JJ\.U___..__...____...._...._._ ........------..-... :heProthonot:lry of laid Court. to appear .._____~Ua.___.__~..___..___.___.____..~______ J.r.Q.n ~ur ~:une and scud :0 ellter full laa.ucuon upon the ~ord oi salli Juc~ent, 3S fully ~a efiec:ua!ly, 10 311 ~tenU ~nci ~Ur?oses, ~ I ~ould were I ;lOnoD&lly present in penon :0 do so. And for so doinlJ this ihaI1 be ''''':U: Iu.::ic:cn: . .:lrr:lnt ~i J.uUlonev. ;~\. ,0 testimony whereof. I Julv 94 "ellcn ?'l{lk. ~I. A., fonnerl., ,i u:~~.----..;,{-.-----__.......-..--....-----... .-\..D. 19______. C'I)'?yea}.tli Sat10nal Bank ::, j~~n~~~;'~i~.~i~~~ Seal; .____________.~~_._.________.______________ iSe3li .~~1i~~-.--------..- Seal, I ATTEST: ~--;9G';~~ater. Qi!,,!ityCotnrol Supervisor , .omer'l:l<u. Loan Services ?e"o~appeued before me. :he lubscnber. ..______ ..________________~_.._...____.______..________.._.._ Janes M. Rob1'nson ' ;:leUcn Bank. _'I. '~~..l'~':>4~rl': .;J:l.t_"_lllfAlLLtll...:iat.............. 1'-..._ __.. ___... ..._......... ~..;1Ye berewllo set our bands and leaIs this ________. .11~.______~._______..__._ cc..) SCl~ of Pelllll'l'lvania n~' COWlty of c.~berlaad. 1 ..-.....-.--...---.------------...--.......-............-.--...-..-.--.-.---..-----------..---.----------- ....._._.._...______..__.____.___.._._.~._.._..___~___.__.________.___._...___...._..___ :he PbUntiIf in :he 3bove JUO!JID.llt, and in due (Oml of law 3wowledged :he within and fol'OlJOU1~ Power of .~tloroev :0 satislv :he Judw. ~e::l \el :Qr-.n. ~ be her .le; 3.ad eeed. J.J\c1 de.ur:c ti:.ac ~&: s.J..:::.;C ,!~ ;e riled ~i :~oni i.., :he office or the ?:'Jthon~ :U:V oi :he Court ,i Common P!.... oi wd County, In testimony wbereof. I bave !lel'OUDlD tet :nv wd and leal ,Jus n..)~t..nu...._u....__....._..___n..u C\....L~ . , '-hI :ay oi ..-----ri'.--u.-----~n.u--uu.u...n. .-\. 0, .9..____, ..--C~ ..._.._-~~~~~-_. ---.... 1_ ~~ Seal J. ~ ~ en ... 0') >-... "".... i'!~ ':1(-.';:;1::- :::-:;e(,..'~ ,....ou...{ .. ~o.:-.. :.1 I- .....-J '..' ;:~ :, .;Ul C_ -i J':. hJ:.... ;i -"'''' .: ,x'1. ;;, C(,., ......, !;l - ')... I I 0- , , ~ >- , ~ E Eo: - Z ~ - ~ .~ ~ :'" ~ I ~ ~ ~ ~ <: -. 'J II: ~ '. I - ~ 0 - '" .~ ~ - << Eo: cr. I.... I ~ .= I .... c- .... :- I :P' I - i -" . ,- . .. 15426-I.C.5.a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MELLON BANK, N.A., No. q /5 J '7 'fL/ Plaintiff Civil Vs. PAUL L. KOSTICK, tla ROSE FAMILY CLEANERS, Defendant NOTICE OF ENTERING JUDGMENT TO: Mr. Paul L. Kostick. t/a ROSE FAMILY CLEANERS 41 George Circle Mechanicsburg, PA 17055 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.......................$ Interest Due~l! .of.Q2.1.0?l~4.................... 239.421. 52 Attorney's Fees ( 20% )..................... 1.839.65 48.252.23 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$ 289,513.40 Dated: February 25. 1994 Cdt 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., II /'. No. I l:.i 1..- !9 9 t.j 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.........................$ 239,421.52 Interest Due as of 02/09/94. ..... ... ......... 1,839.65 Attorney's Fees Due (20%)................... 48,252.23 TOTAL........................................$ 289,513.40 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 c,_ F'.z? ","iF. 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/s- c /99Y 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'rICK, 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. 3. Attached hereto, marked Exhibit "A" and incorporated herein by reference thereto executed by Defendant on August 15, 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. B. C. Total Amount of Principal............$ Total Amount of Interest as of 02/09/94 Attorney'S Fees (20%)................ 239,42L.52 1,839.65 48.252.23 D. TOTAL AMOUNT DUE.....................$ 289,513.40 Dated: February 25, 1994 JC:'.d?s,"" KAIN, BROWN & ROBERTS 119 East Market Street York, PA 17401 (717) 843-8968 Attorney 1.0. U1024l Attorney for Plaintiff " COMMONWEALTH OF PENNSYLVANIA 55: 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 Presidentof 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. Sworn and Subscribed to before me this 22nd dey of Februarv , 19~. ~).~\.. , 1m \-\") \It:\ Notary publ~ NOTARIAL SEAL Uncia M, Wolf. NOlary Public York. York County. PA My Commission E. I,es M.y 22. 1995 $ -L~"" j ft::;' . 19 'II.; lit.ltt.1t For wlue recelftCl, and inlending 10 be legally bound. Under- signed. as delined below. promises to pay The Commonweallh National Bank ("Bank") or its order at IIl\""T,,"""'. PA the sum of 'I'Rnv. Rrnrnnn J'TJ''I'Y 'I'Rorr!:INn________ U/lee Dollars IS J ~t "t " I, or such lesser or greater principal amount as may be outstanding from 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 dote of this Note and Security Agreement ("Note") at the rate(s} ("Con. tractural Rate(s)") specified herein. INTERST SHALL BE CALUCLATED AT THE RATE OF 11.00' PER AHHUH. PRINCIPAL AND INTEREST SHALL BE PAID IN 28 CONSECUTIVE KONTHLY INSTALKENTS OF Ss~497.9s EACH. COKKENCING ON SEPTEKBER IS. 199~ UNTIL DECEKBER IS. 1992. COKKENCING ON JANUARY IS. 1993 UNTIL DECEKBER IS. 1994 PRINCIPAL AND INTEREST PAYKENTS SHALL BE PAID IN 24 CONSECUTIVE KONTHLY INTSTALKEHTS OF S7 08~ COKKENCIHG ON JANUARY IS. i99 CIPAL AND INTEREST SHALL BE PAID IN ~SECUTIVE KONTHLY INSTALKEHTS OF S8.917.9s~~H. VITH THE BALANCE OF THJE INDEBTEDNESS, IF NOT SOONER PAID~ DUE AND PAYABLE ON ~ls. 19~6. 'g~\~~ ~~ - After maturity, whether by acceleration or otherwise. interest shall accrue at a rate 2 percent per annum above the Contractual Rate{sJ specified until all sums due hereunder ore paid, Interest shall continue to accrue after the entry of judgment by confession or otherwise at the Contractual Hatelsl until 011 sums due hereunder and/or under the judg. ment are paid. unless the Contractual Hatelsl is larel altered EXIIIRIT "A" by subsequent maturity. This is the Note or one of the Notes referred to in that Loan Agreement doted 17 /; , .,C :-1, ~I'"? . Ie:. . 19 . between Undersigned and Bonk. as the same may be supplemented from time to time, So long as Bonk is the holder hereof. Bank's books and records sholl 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 falthful 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 Bonk u security interest in the following property now owned or hereafter acquired by Undersigned: LXX-lal all equipment, wherever located. including machinery. motor vehicles. furniture and fixtures; o _(bl all inventory (whether held for sale or lease or to be furnished under contracts of service). 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 form products: [Xx-.-(dl all accounts, contract rights. general intangibles, ucnoses in action. instruments. chattel paper. documents fincluding 011 documents of title and warebouse receiptsl and all rights to the pn.vment of mone~', however evidenced or arising: C _fe) the securities described below. together with all cash. stock or other dividends or distributions paid upon or made in respect of such securities in any form: all necurities received in addition to or in exchange for such securities: and all subscription rights incident to such securities; and Pcu..L.l L l'--c.f.':ih C.V., ,reI~).. t.jCl. ~ '\=(J..\'Y\II '-\ Q.\Q(U~I:5 failure to exercise or delay in exercising an.v such right. lb) Bank shull retain the lien of any judgment entered on account of the indebtedness evidenced hereby, os well os any security interest previously I,.,.anted to secure repayment of the indebtedness evidenced hereby, and Undersigned warrants that Undersigned has no defense whatsoever to "n.v action or proceeding that may be broul(ht to enforce or realize on such judgment or security interest. lei I! any pnl\'ision hereof shall for any reason be held invalid or unenforceable. no other pro\'ision sholl he affected therehy. IIIIlJ this Now sholl be construed as if the in\'oJid or unenforce. uhlll pnJVisino hnd nC\'l'r h(I('O u purt or it. The dt.'scriptivl' ht'ndinl-:'s of this Note un. for cnn\'Cnit!ncl' onl,v UIlt! shulJ not in un.\' wu.y affect thl' ml!uning- or construction of nny provision hereof. Idl The ril(hts and privilel(es of Bonk contained in this Note shall inure to the benefit of its suc. cessors and assigns, and the duties of Undersil-,'ned shall bind all heirs. personal representatives. successors and assigns. leI This Note sholl in all respects be I(overned by the laws of the state in which this Note is payable fexcept to the extent that federal law governs), and all references to the Uniform Commercial Code shall be deemed to refer to the Uniform Commerical Code as enacted in such state. lfI Undersigned hereby irrevocably appoints Bonk and each holder hereof as Undersigned's attorney-in.fact to: III 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 (2) take any action Bank deems necessar~' to perfect or maintain perfection of any security interest !,'I"onted to Bank herein, including executing any document on Undersigned's behalf. fgl Undersigned shall bear the risk of loss of, damage to. or destruction of the Collateral. and Undersigned hereby releases Bank from 011 claims for loss or damol(e to the Collateral caused bv anv act or omission on thl' port of Bank, except for wiJJfui mi~conduct. Ihl Copies or n'productions of this document or of any financing stOle- ment mllY be filed as a finanCing statement. ~ ll"nrpmQI.. Noah ---- IO\-c:,~I~) -C:COI'?;JUJ?', .. 9. Definitions. As used herein: 101 "account," "chattel paper:' "contract right." "document," "instrument," and "inventory" have the same respective meoninl(s given to those terms in the Uniform Commercial Code: Ibl"general intanl,>ibles" has the meaninl( b>iven to that term in the Uniform Commercial Code. includinl( without limitation. customer lists, books and records fincludinl( without limitation, all correspondence, files. tapes. cards, book entries. computer runs. computer prob.,.oms and other papers and documents, whether in the possession or control of Undersil,'I1ed or any computer sl'rvice hurcnu), riJ.{hls in franchises nnd sules contracts, po tents. copyril(hts. trademarks, logos, goodwill. trade OIlIlles, IlIllel desillns, rOYlllties, brand names. plans, blue- prints. inventions, patterns, trade secrets, licenses, jigs, dies, molds. and formulas: Ic)"Chief Executive Office" means the place from which the main part of the business operations of an entity i. managed; and Idl "Undersigned" refers individually and collectively to 011 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 portner sholl be bound hereby both in such general partner's individual and partnership capacities. 10. Confession or Judllment. Undersigned hereby empowers the prothonotary or on.v attorney of any court of record to appear for Underslllned and to confess judllment as often as necessary olloinst Undersigned in favor of the holder hereof. os of any term. for the above sum plus Interest due under the terms hereof. together with costs of legal pro. ceedinlls and on ottorney's commission equal to the lesser or 101 20% of the above sum and interest then due hereunder or 8500.00. whichever iR/{reater. or Ib) the maximum amount permitted by low. with release of all errors, Undersigned waiveR 011 lows exemptln/{ real or personal property from execution. j Jmll\"lIluitl ---"---_._-- , ,\ddrl~" ISt'ull lndl\'iduul , I\dd,..!.. ISt'llh CO~iunurUtht.rl-:nlll}, ~ ",",\ '\.:~ I", ~li<<ti,~.1;j~T-ICK-IND UALLY-+-'I;IA ClROS&-l"AHILY . eaners ISt'oll , Ih'; ISIJ,!'nlllUh'lInd Tult'1 PAUL L. KOSTICK , lIu'lin...",. ,\cldn..... IStool1 , --41-4EORG~IRCLE KECHAHICSBURG. PA 17055 , IOOOOOCX lCI Other; A r-ntrqlolitnn Life lnsurar1cx> Policy *802 132 275 PR a.md by Paul L. Kootick al tro life of Paul L. I<ostick, i.ssuad January 21, 1990, with a faoo lII1tlUllt of $250,000.00. I I A r-ntrqlolitnn Life lnsurar1cx> Policy .813 134 199 PR o.ned by Paul L. Kootick al the life of Paul L. I<ostick, i issued N:lIIa1ber 23, 1981, with a faoe ano.IIlt of $250,000.00. I I (Ill In addition to the foregoing, Undersigned (l} 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 (cash and non.cashl of all property constituting "Collateral" hereunder and any insurance policies relating thereto; 131 grants to Bank a securit~, 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 Bonk, including any proceeds or returned or uneomed premiums of insurance. and the proceeds Icash and non.cashl of all the foregoing property; and 141 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 collectiveh' os the "Collateral:' With respect to Section 4 hereunder, the term "Collateral" sholl not include the property descrihed in subsections 'g1131 and Igl '4' 01 this Section 1. All securit v interests in Collateral sholl be deemed to arise and be perfected under and governed by the Uniform Commercial Code. except to the extent that such low does not apply to certain types of transactions or Collateral. in which case applicable law shall govern, 2. Obligations Secured. The Collateral shall secure the following obligations l"Obligations"l of Undersigned to Bank: (01 011 amounts at any time owing or payable under this Note: (bl all costs and expenses incurred by Bank in the collection or enforcement of this Note or the protection of the Collateral; (c) all future advances made b\' Bank for taxes. levies, insurance. and repairs to or maintenance of the Collateral; and (dlany other indebtedness, liabilitv or obligation of Undersigned to Bonk. past, present 'or future. direct,* indirect, absolute or contingent, individual, joint or several. now due or to become due. whether os drawer, maker, endorser, guarantor. surety or otherwise. except that none of the security interests created herein shall secure any obliga. tion incurred by Undersigned which is defined as "consumer credit" by Federal Reserve Board He!,'Illation Z. 12 C,F,H. *226.1 et seq.. and is not exempted from the application of that lleh'lllation. 3. llepresentations. Undersigned hereby makes the following representations and warranties which sholl be true and correct on the date of this Note and shall continue to be tru,' 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: fal Undersib'JIed's residence and/or Chief Executive Office. as the case mav be. is as stated below or as otherwise stated in a subsequent written notice delivered to bank pursuant to the terms hereof; (bl 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 (cl if any of the Undersigned is an individual. each such individual is at least 18 years of ag" and under no legal disability or incapacity, 4. Covenants. Undersigned covenants and agrees that until the Obligations secured hereunder have been paid in full, Undersigned shall: lal use the proceeds of the loan evidenced hereby only lor the purpose specified to the llank at or prior to the execution hereol: Ibl not permit use of the Collateral for any iIIel(al purposes: leI 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 011 times good and marketable title to all Collateral. free and clear of any security interest. lien or encumbrance lexcept as to which Bank may b'Tant its prior written consent pursuant to section 4 III belowl. and defend such title against the claims and demands of all persons: (f) not (1) affix the Collateral or permit the Collateral to be affixed to reol estate or to any other goods. (21 lease. mortgage. pledge or encumber the Collateral, 131 permit the Collateral's identity to be lost. 141 permit the Collateral to be levied upon or attached under any legal process. 151 permit or cause any security interest or lien to "ris<' with respect to the Collatert.llother than thnSl' creutl'd in this NOh'l. or 1m l'xcupt CoJlulerul custom' arily sold h,\' lilHh'rsigned in the ordinary COUrsl' of husinl's~ nnd so suld in such mu"ncr for full vulue. sell. consign, purt with possession 01. or otherwise dispose 01 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 (1),12/, (5) or 161 hereof; Igl maintain the Collateral in good condition and repair. excepting only reasonable wear and tear; pay and discharge all 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 taxes. levies and costs; Ihl provide additional collateral at such times and having such value as Bank may request, if Bank shall have reasonable b'TOunds for believing that the value of the Collateral has become insufficient to secure 011 Obligations evidenced or secured by this Note: m purchase and maintain policies of insurance !including nood insurancel to protect the Collateral or other property against such risks and casualties, and in such amounts. as shall be required by Bank and/or applicable law, which policies shalllll be in for", and substance satisfactory to Bank. (21 designate Bank as loss payee and. at Bank's option. as additional insured, and 131 be lor certificates evidencing same shall bel deposited with Bank; Ijl provide. upon request, financial or other informa- tion, documentation or certifications to Bank !including balance sheets and income stalementsl. all in form and conlent satisfactory to Bonk; fkl execute. upon demand by Bank, any financing stalementN or other documents which Bonk may deem necessary to perfect or maintain perfection of the security inlerest(sl crealed in thiN Note and pay 011 costs and fees pertaining to the filing of any financing, continuation or lermination statements with regard to such security inlerests; m procure. and cause 0 statement of Bonk's securitv interest to be noted on, anv certificate 01 title issued or required hy law to he issued 'with respect to 11m' motor vehicle constituting pllrt of till' Collateral. nnd cause nnv such certificate to he delivered to Bonk within I U dovs fron, the loter of the dote of this Note or the dnte of the issuonce of such certificate; (ml poy. upon demond. 011 nmounts incurred bv Bonk in connection with anv action or proceeding token or commenced by Bonk to enforCe or collect this Nole or protect. insure or realize upon the Collateral. including attorney's fees equal to the lesser of 101 20% of the above sum and interest then due hereunder. or 8500.00, whichever is grealer. or Ibl the maximum amount permitted by low, and attorncy's costs and 011 costs of legal proceedings: and Inl immediately notify Bonk if any of Undersigned's accounts arise out of contracts with the United States or any deportment, agency or instrumentality thereof. and execute any instruments and toke any steps required by Bonk in order that 011 moneys due and to become due under any such contracts shall be assigned to Bonk 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 sholl constitute on "Event of Default" hereunder: 101 default in payment or performance of any of the Obligations evidenced or secured by this Note or any other evidence of liability of Undersigned to Bonk: lblthe breach bv om' Obligor (defined as Undersi!.'lled and each surety or !.'lIRrantor of any of Undersigned's liabilities to Bonk, os well os om' person or entity I,rranting Uunk a security interest in prop' erty to secure the Obligations e,'idenced hereb~'lof any covenant contained in the Loon Ab'l'Cement lif anyl. this Note. or in any separate security. guarantee or suretyship agreement between Bonk and any Obligor. the occurronce of any default hereunder or under the terms of any such ab'l'Cl" ment. or the discovery uy Bank of any false or misleading roprosentation mode by any Obligor herein or in an~' such agreement or in any other information submitted to Bonk by any Obligor; lei with rospect to any Obligor; 111 death or incapacity of any individual or !.'!!neral portner; or 121 disso. lution of any partnership or corporation: Idl any assi!.'llment for the benefit of creditors by any Obligor; (el insolvency of any Obligor; lfI the filing or commencement of any petition, action. case or proceeding. voluntary or involuntary, under any state or federal low rogarding bankruptcy. insolvency, roorganization. receivership or dissolution, including the Bonkruptcy Reform Act of 1978, os amended. by or against any ~ligor; IIlI defoult under the terms of all\'lease of or mortgoge on the promises whero any Collateral is located; lht gornishment. attachment or taking bv gO\'ernmental authority of any Collateral or other propert~. of the Under- signed which is in Bank's possession; iii 0 determinotion II\' Bank. which determination sholl be conclusive if made in . good faith, that 0 material adverse chon!.'!! has occurred in the financial or business condition of Undersi/"'lled; or Ijl th,' lIlaturity 01 ony life insurance policy held os collateral under this Note by rooson of the death of the insured or otherwise. Ii, Accell'ration; Ilcmedies. Upon either lil the occurrence of an~' Event of Default. or (iil if this Note is payable on demnnd. such demand bv Bonk: 101 011 amounts due under this Note. including the unpaid bolance of principal and interost heroof. sholl become immediately due and payable utthe option of Bonk. without any demand or notice what. soever; Ibl Undersigned sholl. upon demand by Bonk, ussemble the Collateral and promptly make it available to Bunk at any place desi!.'llated by Bonk which is reasonably convenient to both parties; lei Bonk may immediately and without demand exercise any of its rights and remedies !,'Tanted herein, under applicable law, or which it may other- wise have. against the Undersigned. the Collaterol, or otherwise; and Idl Bonk may, without notice or process of any sort. peaceably enter any premises where any vehicle constituting 0 port of the Collateral is located and toke pos. session. retain and dispose of such vehicle and 011 property located in or upon it. Bank sholl have no obligation to return any property not constituting Collateral found in any such vehicle unless Bank actuolly receives Undersigned's written request therefor specificolly describing such property within 72 hours after repossession thereof. 7. Bank's Rights. Undersigned hereby authorizes Bank. and Bank shall have the continuing right. at its sole option and discretion, to: lal do anything which Undersigned is required but fails to do hereunder. and in particular Bank may. if Undersigned fails to do so. 11l insure or toke any reasonable steps to protect the Collateral. 121 pay 011 taxes. levies. expenses and costs arising with respect to the Collateral. or 131 pay any premiums payable on any policy of insurance required to be obtained or maintained hereunder. and add any amounts paid under this Section 7(01 to the principal amount of the indebtedness secured by this Note; fbl direct any insurer to make payment of any insurance proceeds, including any returned or unearned premiums, directly to Bank. and apply such moneys to any Obligations or other amounts evidenced or secured hereby in such order or fashim os Bonk may elect (eI inspect the Collateral at any reason- uble time; Idl pa~' an~' amounts Bank elects to po." or advanc(' hereunder on lIccount of insurance. taxes or other costs. fl'l'!:- or charges arising in connection with the Collaterol. either directly to the pa~'ee of such cost. fee or charge. directly to Undersi/.,'lled, or to such payeefsl and Undersigned jointly; und fel pa.,' the proceeds of the loan evidenced by this Note to any or ull 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 Bonk by this Note. Bank shall ha,'e 011 the rights and remedies of a secured party under any applicable law. including without limitation, thl' Uniform Commercial Code, 8. Miscellaneous Provisions. lat Undersigned waives protest of 011 commercial paper at any time held by Bank on which Undersigned is in any way liable. notice of nonpayment at maturit~' of any and all accounts, and lexcept where requestl' herel",! notice of action token b,' Bank; and herebv ratifies and c~nfirms whatever Bank mav do. Bank shalll;e entitled to exercise uny right notwithstanding any prior exercise. FEB 22 'Sol 15:27 F Ron 11ELLOH-BUS-BAIlK IIiG - PAGE.BBI .~ .-.... '.. . , EXHIBIT A 1HIS txBIBIT A REFERS TO THAT CERTAIN MORTGlGE DATKD 19 , FROK PAU~ ~. KOSTICK AHD JOANH KOSTICK (DECEASED) , AS KORTGAGOR(S) TO THI COIIHONVIALTB NATIOHl~ DAHK AS 1l0R1GAGEE: AU THAT CERTAIN .t... .r par.al .f hnd, wIth cha butldlrl" a..i t.,r......aCl th.rooa er..t.d, SITUATE in Uppor A110n Town.hip, Cumbor10nd County, '.nn.yl..ni., aad d..- .rlbod ...0rdlnS to . Hop of Property ~d. by C.rrlc J. Batl, Re.t.t.rod Surv.yor, datod J.nuary 11, 1972, .. Collov., to vlt:_ IECINNINO .. . hub OD tho ~..t.rly .ld. of Coor.o Clr.l. (40 f..c vld.) , at ~ ..rae. .f Lot '18, .ald polnt .f b..tnnl.. bot.. ....u..d .1.ns tho ..ld .Id. .f C..rs. Ctr.1. iD a N.rth.r1y dlr..ttOD the dt.C.... .f 989.23 f..t fc.. It. potnt .f tnt.r- ...tton Vltb tho .1d. of Korbt Strut I tb.n.. .letond1ns frea .dd potat of "slnntns .nd .1..S Lot '11, S.uth 55 d...... 21 .I.uc.. ~..t, the dl.ta... of 164.96 C..t to . hub; ln 11.. of land. ... or f....rly of "ptl.t. lacac., than.. ..t..dl.S .10ns the la.C ...tlonod land., North 04 de.ra.. 5) .1.u.e. V..t, the dl.tanea of 166.26 f..t .. · hub, .t . .or.or of Lot '171 th.... ele..ndin. .1.ns Lot '17, N.cth 85 d..c... 07 .lnut.. I..t, tho dla..... of 130,00 f... to . hub on tho Va.t.rly .td. of C.orlO "-'Clr.1., .h.... .....diD. al..s tho ..14 .tda of C.o", Clr.l. tho two (2) f.Uolltn. oour... .nd dl.to...., (1) South 04 d..r... 53 .Inut.. Eo.t, tho dt.tanc. .f 34.72 f..t to . polnt of .urv., oDd (2) on tho .co .f 0 .tcc1. curvl.. to the 1.ft ha.lns · <&dt.. of 100.00 f..t tbe arc dl.tane. of 51.95 flit to tho finc _nUon.d polnt and p1ar. of IEGIllNIIlG. !lUNG SIWN AS lAII1' or LoCI 117 allll '11 'lan of SUMyland, ....rded In n.. look 12 r... 13. IIAVUICl Ch.re.n ....ted a.pllt 1nal dllalllns """"n and nlabor.d .. 41 Gaor.. etcc1.. 8El~~ tho "00 pr..I... whl.h Sta.con H. ,....1 ..d Ach..dla r....l. hl. w1f., by Do.d datod Jun. 7, 1~61 a.d c..ordod In Cu.bor1a" Counc7, 1n DI.d look U ZZ easa 641 convlyed UDto lIaJllln L. Davl. .nd latty T. Oavl., hl. w1f., In f... , ' " EXHIBIT "B" FAX Memo Ho.oIPoge.,L @ Mellon Bank ~AC;< AIklA. ....... v~ IIfllJiltL' p&.. CoJDe,L: .. I FAX DlalNn "AI: NWD"n i ......... - P~...bm a ~ f((Jr:Fuh. ** TOTAL PAGE,BBI ** ~ .~-, .31:- ~-l ~ : ~ ''I ~, ',~) ~ ~~ f!iJ ~ + "'::l"'"":; \:l <;'j I " ~ ;;'~ -......' \: " \:.J ~ '. "'" ....... \ ..... Q-~ " " ~, ~ '''l -i ;; a ' 'v 1.., 0 l) ~ ~~ ~ (}-.' l, ~ ",~ I'> ,,", ,... .~ '-'- ......; ;.. 0.... -l lJl tIl~ .... .... ... ft (; .... ~ c <:> .... .. III ~ t:~ ,..J ... .... ." ~~~ oJ;" C c m '" ", .... w .. >. 0 ~:> .. tIl .... .. .. ... 0 .. ... c 0: ~ I; z i5w:'i '" "' '" !-< .... ... 4S ~ Ii C ~"'.. . :l 0 ?: .. Z 0'... " ~ 0 .z ..... Ill... Z E : >- u1:8 . ... ... w< ~ z :I III . ~Ztl) ..; . 0<: .... 0 a: Ii ~ 0::..... 1j S ... 0: ~ ~ ~ 0> Z -l ..".... !-<u.... ... "0,," m "' '" . !-< '" ",UN ~ II! 5~..J M III 0 i - II: :;! S :!: c.: ...... u~... . . 8... ... 0 . > '" ~j ~ 0 .. ~ >- r....:~_ -"l ... . i::"'U :.0: U u "'''' :.o:~ 0 .. " . -l "'1Il... ...u d ":0 :r. Lawrence E. Welker prothonotary Telephone (717) 240-6195 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA 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. tIn ROSE FAMILY CLEANERS Judgmen t 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. MechanicsburR. Pennsylvania 17055 C ~"i<. 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 Hr. Paul L. K08tick, tla ROSE FAMILY CLEANERS 41 Goorgo Circle Hochanic8burg, PA 17055 Da te: February 25. 1994 RE: MELLON BANK, N.A., VS. I'AUL L. KOSTICK, tla ROSE FAMILY CLEANERS, Plaintiff No. Defendant NOTICE is given that Judgment in the above captioned matter has been entered against you on February 25. , 19 2.L-. Lawrence E. Welker PROTHONOTARY OF CUMBERLAND COUNTY " (- . YVl /i? . c::..-- .-J ( II u.. III, U /:/UoJ c Clerk or Deputy , If you have any questions concerning the above case, please contact: By: 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.)