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Home My WebLink About95-05263 1 ~ J .... . ~ ~ / ~ i t.tj lJ,r 0-- \ , SILVER SPRING TOWNSHIP AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 95-5263 CIVIL TERM WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT & REED, and HOWARD R. REED, RICHARD G. MOYER, t/d/b/a RMR ASSOCIATES, Defendants . . Judgment Note : . . : AGREEMENT FOR PARTIAL RELEASE OF LIEN OF JUDGMENT AND PRESERVATION OF RIGHT TO CONFESS JUDGMENT In consideration of these presents and the terms and provisions contained herein, and intending to be legally bound hereby, the above named parties, Plaintiff and Defendants, mutually promise, covenant and agree as follows: 1. At the request of the Defendants, the lien of the judgment in the above captioned action is hereby released by the Plaintiff from all real estate owned by Defendants except with respect to the property located at and known as 6615 Carlisle Pike in Silver Spring Township, CUmberland County, Pennsylvania, as more fully described in deed from F. Michael and Arlene F. Witkoski to Defendants William F. Rothman, Charles F. Schubert and Samuel L. Reed dated January 12, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, LAW O",'Ct:5 SNEL8A.KU, a . ilRENNEMA.N Pennsylvania, in Deed Book "L", Volume 32, Page 438 (hereinafter called "Principal Real Estate"), upon which Principal Real Estate the lien of judgment shall remain. . 2. Defendants agree that the lien of the judgment in the above captioned action is and shall remain a valid judgment on the Principal Real Estate. 3. Defendants further agree that if the Defendants should hereafter default in any obligation under the Judgment Note dated August 15, 1995, (said Note being filed in the above action in the Office of the Prothonotary in and for Cumberland County, Pennsylvania), Plaintiff shall have the right to confess judgment against Defendants (or any of them) under and on said Judgment Note for the remaining unpaid balance of the obligation evidenced by said Judgment Note and to secure liens on other real estate owned by Defendants. It is understood and agreed by Defendants that Plaintiff's right to confess judgment under and on said Judgment Note has not been exhausted by the entry of judgment in the above captioned action, but remains viable for future confessions in the event of Defendants' default as aforesaid. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed this ,17~ day of April, 1996. PLAINTIFF: SILVER SPRING TOWNSHIP AUTHORITY By {,.. L ~h~~/t LAW O".,Cr.. SNf:LB.KER lit BN[NNIMAN ATTEST: ;;llt~ .//t)bdtv Secreta y , -2- - J -,.. ~ r:z: r< ':\, \).. . -..J ~ "J "'6 ,'. QV "1 ~ .. - Iv) ,.. . - "<) () ~ () ~ ~ ~ CJ r:i. , If, li...-.. ~..".,I{... ~ (,-1("'1 T.~,>-, JUDGMENT NOTE '35.400 AUGUST 15. 1995 AND NOW, this 15th day of August, 1995, FOR VALUE RECEIVED. this Judgment Note is made by and between the undersigned. WILLIAM F. ROTHMAN. CHARLES F. SCHUBERT and SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT & REED, a pennsylvania general partnership, and HOWARD R. REED and RICHARD G. MOYER, t/d/b/a RMR ASSOCIATES, a Pennsylvania general partnership (all hereinafter referred to as "Obligors"), and SILVBR SPRING TOWNSHIP AUTHORITY. a municipal corporation (hereinafter referred to as "Obligee"). Obligors, and their executors. administrators, successors and assigns are held and firmly bound unto Obligee. and its executors. administrators, successors and assigns. and Obligors do hereby promise to pay to the order of Obligee, without defalcation. the principal sum of THIRTY-FIVE THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ('35,400.00), together with interest on the entire unpaid principal at the rate of FIVE AND 00/100 PBRCENT (5.00~) per annum, from the date of this Judgment Note. Said payments shall be made in lawful money of the United States of America. The principal sum shall be paid in seven (7) annual installments of FIVE THOUSAND AND 00/100 DOLLARS (,5,000.00) due and payable on the fifteenth (l~.th) day of August of the fOllowing years: 1996, 1997, 1998, 1999. 2000, 2001 and 2002. If ar.y principal remains unpaid on August 15. 2003. such principal shall then become immediately due and payable, Payments of interest only shall be due and payable quarterly-annually on the fifteenth (15th) day of November, 1995, and on the fifteenth (15th) day of February, May. August and November of each succeeding year until the principal balance shall have been paid in full, The amortization schedule. as set forth in Schedule "A", attached hereto, is incorporated herein by reference and is made an integral part of this Judgment Note. This Judgment Note may be prepaid. in whole or in pitrt. without penalty and without the accrual of additional interest on the prepaid principal after the date of prepayment, but all prepayments shall be applied to any installments then outstandinq in the inverse order of their maturity, 1 Protest and notice of dishonor are hereby waived. If at any time default shall occur in the payment of principal or interest, as set forth in this Judgment Note, for the space of thirty (30) days after payment thereof shall have been due, then the entire unpaid principal and accrued interest shall become due and payable illUllediately. With or without default hereunder, Obligors authorize and empower Obligee's attorney'at-Iaw or the prothonotary of any court of record of pennsylvania, or elsewhere, to appear for and to confess judgment against Obligors, and in favor of Obligee, for the entire unpaid principal and accrued interest, together with all charges and costs thereof, and together with accrued interest after declaration filed, and together with attorney's fees of five percent (5\) of the entire unpaid principal, and enter judgment without process against Obligors, with or without declaration, and Obligors hereby release all errors in any such proceedings and waive all rights of objection, exception and appeal, and pursuant to and upon such judgment Obligors hereby authorize and consent to illUllediate execution upon any property, real, personal or mixed, wheresoever situated, hereby voluntarily condemning the same, and no bill in equity, petition or other proceeding shall be filed or interfere in any manner with the operation of such judgment or execution thereupon, hereby ratifying and confirming all that said attorney-at-law or prothonotary may do by virtue hereof, and waiving and releasing all rights and benefits of appraisement, and inquisition of real estate, stays of execution and exemption laws of any jurisdiction, now in force or hereafter enacted, Obligors further authorize that any such judgment taken against them may be cross-filed as a municipal lien in the municipal lien docket of the county in which such judgment is entered. Obligors represent, certify and warrant that they have read and reviewed the contents of this Judgment Note, that they understand the provisions hereof, that they are aware and understand that the Judgment Note authorizes the confession and entry of a judgment against them for the entire unpaid principal, together with interest at the rate of five percent (5\) per annum, charges, costs and attorney's fees of five percent (5\), and that they have signed this Judgment Note voluntarily and with the intent to be bound legally hereby, This Judgment Note shall be governed by and construed in accordance with the laws of the COllUllonwealth of Pennsylvania. This Judgment Note is not assignable or transferrable by Obligors, or any of them, or by Obligee, without prior written approval from the other party. When permitted, the assignment or transfer of this Judgmant Note shall be binding upon and inure to the benefit of the successors, assigns, transferees, personal representatives, 2 executors, administrators and heirs of Obligors and Obligee, respectively. IN WITNESS WHEREOF, Judgment Note the day and Obligors have signed and sealed this year first written above. Jd~. LLIAM Fi. ROTHMAN, OBLIGOR WITNESS: r~..Av-- /fA-tL f~ /' AiL ~~A-- /' f/u1-. CHARLES . SCHUBERT, OBLIGOR ,J - ,'J Je{ '/] ({l ;t j MtC~ (;/It SAMUBL L. RBED, OBLIGOR '~&~(~ft'( (7 (..e' HOW"~. RB:' :BL GOR IL/~ 4. ~- RiCHARD G. MOYER, OBLIt96R I ... "l:'/ \.. / / / .j " F ,,~ L-(vc '~l t (~~("~ ,2. [.~-J~ COMMONWEALTH OF PENNSYLVANIA COUl\'TY OF '-~I"III"" It. . \ / 55: On this, the /L/I/'day of August, 1995, before me, a Notary Public for the COmmonwealth of Pennsylvania, the undersigned officer, personally appeared WILLIAM F. ROTHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and nota~lal seal. ~ . L/ '){".,/, /" . ;. JJ. , / '"' ~ !.'. _ _ Notary Public My Commission Expires: f;QWliAl SFAl JO'':! r r' :1\0, f'JO!~!i Pvh!ic l \: "n\" (\:mtlf:t;.';~'1 Cc~';:tv 3 u. . ",j,:'.: f~~~'" 'I.: ". l'J95 CO~~ONWEALTH OF PENNSYLVANIA {' SS: COUNTY OF ~1'l1h(',' It. n c/ On this, the Iql~' day of August, 1995, before me, a Notary Public for the COmmonwealth of pennsylvania, the undersigned officer, personally appeared CHARLES F. SCHUBERT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have seal. hereunto set my hand and notarial ~ -j /' X'/ir 7. A~"tc/ Notary Public My Commission Expires: ,--- I;J7',%\( SEAL JG.\!~. \',;\;1D, ~~O~,li'l Public , [,"'" c"c.,w'",,< I'nJ:>ty . "'JI.t;, ... "....I _. U oJ'. r' ':;-,':,\\IGn EJp,rce lU 9, 1995 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (t. Itlel,,' Iv, ",d Jfl~ On this, the IL, day of August, 1995, before me. a Notary Public for the commonwealth of Pennsylvania. the undersigned officer, personally appeared SAMUEL L. REED, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have seal. my hand and_ ial My Expires: ," fm~~I:,l sr~l \ ,,~J. '.:': WI Ptlblic "'.F"'Ji),j C:~,',:y ,- t;: j iS95 ~.' 4 COMMONWEALTH OF PENNSYLVANIA '1 I COUNTY OF {v,H1t",lu"d , /Jli" On th1s, the 7 day of August, 1995, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared HOWARD R. REBD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. SS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF (\'1\0.1;1:' (' Ie....'\. d On this, the /,jO'day of August, 1995, before me, a Notary Public for the Commonwealth of pennsylvania, the undersigned officer. personally appeared RICHARD G. MOYER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~',~)~ ( / ',.,~ /~ ;c / Notary Public . My Commission Expires: NOTARIAL SEAL JO~~I F Vli.f\D NO'1ry Public l.),"....' v t>rnbr'I' 10"1 r"trtl/ t:',; :"):;"p~,;,:rilo'9"ir'3S .J 'w'.. 'w.;)""',. . w IN WITNESS WHEREOF, I have seal. hereunto ~et my hand and notarial ~/ I ,// .. .}u . A'~{ ( e Notary Public My Commission Expires: 1i:]Tr,QI\L mL JO~~I r. \'.~'::'J_ i~i 'j'! Dub1:c !. ^" ~1~. CUiIlbe;;,'.I,j C~":"~1 '" l1Wes 0,: 9, ms 5 .. EXHIBIT RAR AMORTIZATION SCHEDULE Date Payment Amount princioal Balance 11-15-95 Interest $442.50 $35,400.00 02-15-96 Interest $442.50 $35,400.00 05-15-96 Interest $442.50 $35,400.00 08-15-96 Interest $442.50 $35,400.00 08-15-96 Principal $5,000.00 $30,400.00 11-15-96 Interest $380.00 $30,400,00 02-15-97 Interest $380,00 $30,400.00 05-15-97 Interest $380.00 $30,400.00 08-15'97 Interest $380.00 $30,400.00 08-15-97 Principal $5,000.00 $25,400.00 11-15-97 Interest $317.50 $25,400.00 02-15-98 Interest $317,50 $25,400.00 05-15-98 Interest $317.50 $25,400.00 08-15-98 Interest $317.50 $25,400.00 08-15-98 Principal $5,000.00 $20,400.00 11-15-98 Interest $256,25 $20,400.00 02-15-99 Interest $256.25 $20,400.00 05-15'99 Interest $256,25 $20,400.00 08-15-99 Interest $256.25 $20,400.00 08-1~.99 principal $5,000,00 $15,400.00 11'1~-99 Interest $192.50 $15,400.00 6 , . .' 02-15-00 Interest $192.50 $15,400.00 05-15-00 Interest $192.50 $15,400,00 08-15-00 Interest $192.50 $15,400.00 08-15-00 Principal $5,000.00 $10,400.00 11-15-00 Interest $130.00 $10,400.00 02-15-01 Interest $130.00 $10,400.00 05-15-01 Interest $130.00 $10,400.00 08-15-01 Interest $130.00 $10,400.00 08-15-01 Principal $5,000.00 $5,400.00 11-15-01 Interest $67.50 $5,400.00 02-15-02 Interest $67.50 $5,400.00 05-15-02 Interest $67,50 $5,400.00 08-15-02 Interest $67.50 $5,400.00 08-15-02 Principal $5,000,00 $400.00 11-15-02 Interest $5.00 $400.00 02-15'03 Interest $5.00 $400.00 05-15-03 Interest $5.00 $400.00 08-15'03 Interest $5.00 $400.00 08-15-03 Principal $400.00 $0.00 7 ~ In 1 ,. r-l ~ ,'J f\ <I. J ':r' } v - ..z.. a 3 0 In " - on ci-,-" - ,.. -- i f1 - '1 l ~__ , , 1 , '"," V? J J ~ 1--. . , 'l 0- i ~ ~ . ~ \J . ~ lloo 0( ~ z 0( > ~ ... >- ~ III U. Z 0 Z w ~ ~" .. Eo< w 0 z u: I I >- :z: 0 ~= :I Eo< w ... :z: Iii ~ <( :E ... - w a: ~ - .... e ~ III :I: 0 j, ~ ':l :Z ~ \ " .. . \ . . . . L.AW o......rCI:6 SNEl8A.KER III BRENNEMAN . SILVER SPRING TOWNSHIP AUTHORITY, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiff : vs. NO. 95-5263 CIVIL TERM WILLIAM F. ROTHMAN, CHARLES F. SCHUBERT, SAMUEL L. REED, t/d/b/a ROTHMAN, SCHUBERT & REED, and HOWARD R. REED, RICHARD G. MOYER, t/d/b/a RMR ASSOCIATES, Defendants : . . . . Judgment Note : CERTIFICATE OF RESIDENCE I hereby certify, based upon information and belief, that the business addresses of the parties hereto are as follows: Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, PA 17055 William F. Rothman Charles F. Schubert Samuel L. Reed Howard R. Reed Richard G. Moyer c/o Rothman, Schubert & Reed, Realtors P. O. Box 188 Camp Hill, PA 17001-0188 By SNELB , P.C. rd C. Snelbaker 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Silver Spring Township Authority Date: October 4, 1995 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP AUTHORITY CIVIL DIVISION Plaintiff, No,: 95 - 5263 Civil Tenn Vs, WILLIAM F, ROTHMAN, CHARLES F, SCHUBERT, SAMUEL L, REED, tldlbla ROTHMAN, SCHUBERT & REED and HOWARD R, REED, RICHARD G, MOYER, tldlbla RMR ASSOCIATES, Detendants, CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Satisfy was served on the following this ') i~ day of -4~ ,2002, via First Class U, S, Mail, Postage Pre-paid: Rothman, Schubert & Reed, Realtors P,O, Box 188 Camp Hill, P A 1700 1-0188 Respectfully Submi ed: JAMES,SMI By: Scott A. iet 'ck, Esquire Attorney I.D,#55650 P,O. Box 650 Hershey. PA 17033 (717) 533-32110 ,- I.!I c- (~ ;-e. c..: N -, ~ , .~', , .. ,') . r" - ~(W ~ 1.1 .... .,,- ,-. .'J :-3 ('J u