HomeMy WebLinkAboutOC1970-0190 - ESTATE OF VOGELIN THE COURT OF CO~~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
In re:
PETITION OF
REGIS C.VOGEL,a/k/a
REGIS C.VOGEL,SR.,
REGIS C.VOGEL,JR.and
R.P.GOODWIN,TRUSTEES
UNDER THE "BLUE STAR
PENSION PLAN AND TRUST
AGREEIIiJENTTT
No.)C;"~/7 7 8.
PETITION TO MORTGAGE REAL ESTATE
UNDER THE REVISED PRICE ACT
TO THE HONORABLE P.V.MARINO,
JUDGE OF THE ORPHANS'COURT DIVISION:
AND NOW,this day of February,1970,the
Petition of Regis C.Vogel,a/k/a Regis C.Vogel,Sr.,Regis C.
Vogel,Jr.and R.P.Goodwin,Trustees under the "Blue Star
Pension Plan and Trust Agreement,"respectfully represents:
1.Your petitioners are all of the Trustees under the
"Blue Star Pension Plan and Trust Agreement"which was executed
on May 20,1961,by and between Blue Star Potato Chip Corporation
and said Trustees,a copy of said Trust Agreement being hereto
attached and made part hereof as Exhibit TTA."
2.The said Trust Agreement was made for the sole use
and benefit of certain employees of said Blue Star Potato Chip
Corporation,who were,or would be,eligible under the terms of
said Trust Agreement,as by reference thereto will more fully and
particularly appear.
3.By deed from Charles E.Bradshaw et ux.,dated
September 25,1964,of record in Deed Book 1187 page 207 in the
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Recorder's Office of Washington County,Pennsylvania,your
petitioners acquired certain premises therein described and
located in Chartiers and Cecil Townships in Washington County,
Pennsylvania,upon which a potato chip plant or factory was erected.
4.By oral lease at will your petitioners demised said
premises to said Blue Star Potato Chip Corporation and said
corporation operates said plant in the conduct of its business.
5.In the course of operating the business aforesaid,
the said corporation has been required to borrow money from said
Trustees and from commercial lending institutions.The latter loans
have been on less favorable terms than would be available from long
term mortgage financing.
6.It is to the distinct and manifest benefit and
advantage of said trust and the beneficiaries thereof and necessary
to the continuance of said trust that said corporation secure long
term mortgage financing for the purpose of making desirable improve-
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ments to said real estate,consolidating its outstanding obligations
and acquiring working capital.
7.The said corporation has applied for long term mortgage
financing to Slovenian Savings and Loan Association of Canonsburg,
Pennsylvania,and has secured the approval of said lender,subject
to the conditions hereinafter stated,of a loan in the principal
amount of $150,000.00,repayable with interest at the rate of 7%
per annum,plus a 1%premium charge,in monthly installments of
~1623.68 per month (which includes principal,interest and premium),
commencing on the first day of the month following the delivery and
recording of the instruments evidencing and securing said loan.The
said loan has been approved by said lender.,subject to a
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certificate of clear title and the execution,acknowledgment and
delivery of the following documents and the rendition of the
following performances:
(a)A bond and mortgage conditioned for the payment
of the aforesaid sum in installments as aforesaid from
Regis C.Vogel,a/k/a Regis C.Vogel,Sr.and Helen R.
Vogel,his wife,Regis C.Vogel,Jr.and Susan E.Vogel,
his wife,Blue Star Potato Chip Corporation and your
petitioners;that said mortgage cover such of the premises
described in the aforesaid deed,which your petitioners
still own,together with all improvements,fixtures,
equipment and chattel property thereon and in the plant
bUilding on said premises,comprising the "going plant"
of said corporation;
(b)A Chattel Mortgage Security Agreement with
Financing Statements covering all fixtures,equipment
and inventory on said premises and in the plant building
on said premises from the parties executing said borid and
mortgage;
(c)An Assignment of a Savings Account as Additional
Collateral for the Mortgage Loan,from Regis C.Vogel,
a/k/a Regis C.Vogel,Sr.and Helen R.Vogel,his wife,
said account to be in the amount of $30,000.00 (derived
from the proceeds of said mortgage loan)and to be created
in their names;
(d)All other documents required by said lender for
the consummation of the loan,specifically including,
but not limited to,the applicable "truth-in-lending"docu-
ments,a subordination of any leasehold interest to said
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mortgage ,and written consents of the members of the
Board of Directors and Shareholders of said corporation.
8.Your petitioners,the said corporation and the
individual obligors,have accepted and approved the requirements
of 'said lender and are prepared to deliver the documents and to
render the performances required.Copies of the proposed documents
listed as items (a),(b)and (c)hereinabove mentioned are attached
hereto as exhibits.
9.The net proceeds of the loan,after the payment of
all costs,expenses and any liens on the premises and items of
property securing the loan (except for the sum of $30,000.00 to be
deposited as aforesaid),will be paid unto Blue Star Potato Chip
Corporation and will be used for the purposes of improving said,
premises,consolidating certain of the obligations of said corpora-
tion and for providing it with working capital.
10.The proposed mortgage loan and the use of the proceeds
as aforesaid will be to the interest and advantage of all parties
in interest and without prejudice to any trust,charity or purpose
for which the real estate aforesaid is held and without the violation
of any law which may confer an immunity from sale or alienation.
11.The only persons,presently known to your petitioners,
who are beneficiaries of the trust referred to herein are listed on
Exhibit I-1/"hereto attached.
12.Your petitioners respectfully request that Your
Honorable Court authorize and direct that:
(a)A trustee ad litem be appointed to represent
any presently unascertained persons who might,or could,
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be interested in said trust;
(b)Set a date for a hearing of the matters set
forth in this petition;
(c)Notice of said hearing to be given to any
persons interested in said trust,who have not joined in
the prayer hereof and the type of notice required;
(d)Upon fulfillment of items (a),(b)and (c)
above,if the Court be satisfied that the averments set
forth in the within petition be established,that the
Court authorize and direct that Regis C.Vogel,a/k/a
Regis C.Vogel,Sr.,Regis C.Vogel,Jr.and R.P.
Goodwin,Trustees under the tlBlue Star Pension Plan and
Trust Agreementtl execute,acknowledge and deliver the
documents and render the performances set forth herein
and permit the disbursements stated herein without the
posting of any bond or security or any requirement that
the aforesaid lender see to the application of the
mortgage money.
And they will ever
Trustees under the "Blue Star
Pension Plan and Trust Agreement"
Petitioners
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Sections
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Section 1 -Definitions
Section 2 -Eligibility
2.1 ~onditions of eligibility'
2.2 Application for participation
2.3 Designation of beneficiary
2.4 Definition of continuous service
2.5 Re-employmcnt
2.6 Determination of eligibility
Section 3 -Benefits
3.1 Retirement benefits
a 'Normal retirement
b Adjustment of retirement benefits
c Early retirement
d Deferred retirement
e.Payment of retirement benefit
3.2 Optional methods of settlement
3.3 Death benefits
3.4 Disability benefits
3.5 Vesting upon pre-retirement termination
Section'4 -Issuance of policies
4.1 Application tor policy;type;amount
~4.2 Adjustment of policies
,4.3'Ownership of policies
Section 5 --Contributions and premiums,continued
5.3 Time of payment of contribution
5.4 Temporary suspension of contributions
5.5 .Refunds
5.6 Provision to prevent ~iscrimination on
early termination
,Section 6 -Trustees
6.1 Establishment and acceptance of trust
6.2 Investment of trust funds
6.3 Powers of tr~stees;general fund
6.4 Powers of trustees;investment fund
6.5 Powers in general
6.6 Payments from the funds
6.1 Payment of compensation and expenses
6.8 Accounting
6.9 Immunity of trustees
6.10 Appointment;removal;successors;a~tion
Section 1 -Amendment and termination
7.1 ftmendment
7.2 Termination
Sectiori 8 -Miscellaneous,
8.1 Limitation on liability
8.2 Participants'shares not assignable
8.3 Insurance compariies'responsibilities
5.1 Contributions 8.5
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5•.,?Basis of contributions to pension trust 8.6
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Section 5 -Contributions and premiums 8.4 Delegation of employer authority
Sec lion tit1es
Situs of trust
,Sections
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Section 8 -Miscellaneous,continued
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8.7 Gender and number
8.8 Effect of agreement
8.9 Agreement prepared in counterparts
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lHTr\ESSETH :
AGRED[NT made this twentieth t1aj'of ~la'y;1961 between Clue Star Potato Chip
'Corporation:a Pennsylvania corporation,(hereinafter caJletl the "Employer")and Regis C.
-Vogel;Regis C.V{)gel.Jr.1 and R.P.Goodwin.(hereinafter called the 'Trustees").
MIEREAS the Employer desires to assist its emplJyees in providing a life income
for their support when they shall have retired from the Employer's employ;and
l\HEREAS the Trust hereby created is for the exclusive benefit 'of the employees
and their beneficiaries and it shall he impossible;at any Lime prior to the satisfaction
of all liabilities with respect to employees and their beneficiaries under this Trust,for
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any part of the corpus or income to be (I~ithin the taxable :ear or thereafter)used for:
or diverted tOt purposes other than for the exclusive benefit of the employees or their
beneficiaries:and
IlllEREAS the Board of Directors of the Employer has heretofo're auth~rized adop-
tion of the Pension Plan embodied herein ,(hereinafter called the "Plan"h
NOlV;THEREFOHE,in consideration of the premises and of the mutual covenants
herein contoined\it is agreed by and between the Employer and the Trustees as follows:
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BLUE STAR
PENSION PLAN
AND
TRUST AGREE~[I\T
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Preamble
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Section 1
DEFINITIONS_._----
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!I...,,,'..Age.--.An employee's age at his ~earest birthday as required for life insurance purposes.
~enefici~~-The person designated by a participant to receive any death benefit payable
under this Plan.
Co~pensatiQ~--Regular 'yearly compensation paid or otherwise accru~d in the form of a fixed .[I'
salary exclusive of any extra compensation•..
ContributiQns --Payments made to the trust by the employer to finance this plan.
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Date~--Eff~ctive -June I;1961 the date of commencement of the plan.
Anniversary --Any June first subsequent to the effective date.
Normal retirement --For participants aged 55 and under Qt time of entry:the
anniversary date of the policy on.the life of the participant
nearest his 65th birthdate;for participants aged 56 or over at·
:-time of entry,the tenth anniversary date nearest his closest
bi rthda teo
Early retirement --The first day of any month between a participant's 55th and 65th
birthdates.
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Deposits --Amounts paid .by the employer into the investment fund.
Employee --Any person employed by the emp10ye~"inclUding officers and directors t Ivho are em-
ployed as officers or in an~capacity other than directors only.
Employer --Blue Star Potato Chip Corporation
General Fun~--The fund to ~hich shall be paid the portion of contributions received from the i
employer for insurance premiums..
'Insurance Contract --An ordinary life type of policy;or,retirement annuity with death benefit
in form of gl'eater of cash value or return of all premiums paid.The term "insurance"
contract"as used herein shall mean alJ,such contracts issued for the benefit of 'a"~ar
ticipant under this plan.
Investment Fun~--The fund made up of contributions received from the employer by the trust
to be invested by the trustees so as to augment the cash value of insurance contracts
for the purposes of funding the benefits prOVided by this plan.
Participant --An employee !Vho qualifies under the eligibility requirements and who has been
admitted to participation in this plan.
Plan --The Blue Star Pension Plan created by.this agreement;approved and adopted by
\'"'.the board of directors of the employer.
Trust --The tl'USt created by this agreement to receive all contributions paid by the employer.
Trustees --The individuals designated as trustees in this agreement and ilny successor trustee.
Defini liolls
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on the effective date of this Agreement shall be eligible to participate
~Qualifications for eligibility
(a)'.(Present eligibilit)')Any full time emplo)'ee of the Employer
L2.1/
'VUALl~lCATIONS ,FOR
ELI GIBI LITY
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Section 2
ELIGIBILITY
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under this Plan prov~ding he -receives his compensation in the form of a
fixed salary.
I,(b)(Future eligibilit)')Any employee not eligible to participate
hereunder as of the effective date shall be eligiLle to participate as tif the
anniversary date subsequent to the date he shall,so qualify.
/2.21 In order to become a Participant hereunder,each eligible employee
shall execute a lHitten statement',on a form or forms to be furnished by the
Trustees:wherein he shall evidence:
(a)his consent to be bound by all of the terms and conditions of
L2.?}
API1LICATION FOR
PARTI CI PATION ,,
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this Agreement and all amendments thereto:
(b),hiS agreement to execute such application;and:
(c)his designation of a beneficiary or beneficiaries as provided
in Sub-section 2.3 hereof •
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•fj;jJ Every 'Participant,as a part of hi~application for participationl
may designate a beneficiary or beneficiaries and succes~or beneficiaries
to receive the death benefit provided by any insurance contract issued
/b~1
DESI G~'TION OF'
BENEFICIARIES
upon.his life.Such designation of a beneficiary or beneficiaries may
be changed from time to time by the Participant by filing a new designa-
tion with the Trustees.Upon reteipt of such designation or change in
designation,the Trustees shall forthwith take such aClion as may be
reqUired to effectuate such designation or change in desigrliltion.
2.1--.3
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It any Participant shall fail to designate a beneficiary,or should a
designated beneficiary predecease the Participant,the Trustees shall designate
the estate of the Participant to receive such death benefits as shall be payable•.
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/2.4/"Continuous employment"means the most recent period of uninterrupted em-/2.4/
DEFINITH~(F "em-
ployment with the Employer.The continuous employm.ent of an Employee on leave T.INUOUS EMPLOYMENT"
of absence authorized by the Employer shall not be deemed interrupted and an em-
ployee on such leave of absence on any anniversary date shall be deemed to be
i in the employ of the Employer.
Any employee who leaves the active service of the Employer to enter the
armed forces of tHe United States of America during a period of national ·emergen-
II cy or enters such armed forces at any time through the operation of a compulsory
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i military service law of the United States of America shall be deemed to be onII.I leave of absence during the period of his service in such armed forces and dur-
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ing any period after his discharge (rom such armed (orces in which his ,,-employ-
ment rights are guaranteed by law..
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renewed participation hereunder shall be subject to the same qualifications as
for any person who had never been in the employ of the Employer.
/2.6/The Trustees shall determine the eligibility of each employee for partic-tE6l
DETEfiMINATI(}J OF
ipation in the Plan.Such determination shall be conclusive and binding upon ELIGIBILITY
all persons.
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,',.Section 3
BENEFITS--,-
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'/3.17 Retirement benefits
(a)(Normal retirement)Except as otherwise provided'in this Sub-
,section.a Participant shall retire on his normal retirement date.,A Partic-
ipant who retires at his normal retirement date ,shall be entitled to receive
a monthly retirement income beginning at such date and continuing for ten years
certain and thereafter for the remainder of his life or such retirement benefit
L3.1/
RETIRE&ENT BENEFITS
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as may be provided by any optional method of settlement as set forth in Sub-
section 3.2 below.The,amount of the monthly retirement income for each such
Participant shall be 35%of his current compensation computed on the ten years .'
certain basis.
(b)(Adjustment of retirement benefits)On each anniversary date of
this Plan the ~etirement income benefit of eath Participant shall be adjusted,to
correspond to any increase in the current compensation of such Participant so that
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the monthly income of each Participant shall be correspondingly increased in pro-
portion.subject to the following limitations:
(1)no adjustment shall be made'unles~a Participant's monthly compensa-
tion shall have been increased to such extent that the monthly retirement,
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':,'income benefit,calculated to his prospective normal retirement date.shall
b~increased at 'least ten dollars ($10 00)per month;
(2)no adjustment shall be made in retirement income as a result of an
increase in the Participant's current compensation after the anniversary
date occurring five {5)years prior to his normal retirement date;
(3),that on the anniversary date referred to in (1)above th~ten dollar
limitation shall be waived to the extent of then making effective any in-
crease of at least five dollars ($5 00)per month to which the Participant
,would have been entitled but for said ten dollar limitation;
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(4)the amount of increase in monthly compensation to be considered
shall be the aggregate net increase in compensation since the date upon
which ,the Par,ticipant commenced his participation under this Plan,or.if
one or more adjustments in monthly retirement benefits have prcvio~sly
been made.since last such adjustment.,.-,..
(c)(Early retirement)AParticipant may elect to retire on an early re-
tirementdate.In the event a Participant so elects,the Trustees shall transfer
from the Investment Fund the amount reqUired to exercise the annuity option con-
tained in the insurao,ce contract on the life of such Participant.and to take such
other ~ction as may be reqUired under such contract.Such Participant shall be en-,
titled to receive such proportionately reduced benefits as may be available accord-
.ing to the terms of the insurance contract held for his benefit.or he may elect
any optional method of settlement contained in such contract.
(d)(Deferred retirement)With the consent of the Employer.a Partici-
pant may continue in the service of the Employer past his normal retirement date.
At such time the Participant may elect to have payment of his retirement income
commence.in which event the Employer shall cease the payment of further contribu-,
tions for the benefit of the Participant.In the event the Participant elects to
defer commencement of payment of his retirement income until the date of his actual
retirement.the Employer shall continue to make contributions for the benefit of
the Participan~in the same amount as previous'to attainment of normal retirement,
age by'the Participant.The Trustees shall determine the medium of investment for
all such post-Fetir~ment contributions.
(e)(Payment of normal or deferred retirement benefit)When any insur~d
Participant shall retire from his employment with the Employer.whether at his 'nor-.mal or deferred retirement date,the Trustees shall have transferred from the
Investment Fund'to the insurance company the amount reqUired t~provid'e for such
retiring Participant payment of his specified retirement income•.The amount so
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transferred shall be determined by the conversion factor contained in the insur-
ance policy issued on the life of the Participant less the then cash value of the
insurance policy.
~,Payment of retirement income to an uninsured Participant shall be auto-..
matically effected by the terms of his retirement annuity·c~ntract.
Any payment of retirement income made directlj'to a Participant by an
insurance company shall be deemed to be a payment made under and pursuant to thi~
Plan.
In lieu of the standard retirement income for ten years certain and
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thereafter for the remainder of his lifeJ a Participant may elect to.receive:
(a)payment of his retirement benefit under any optional method of
settlement and in proportionately adjusted amounts as contained in the
,insurance contract held for.his benefit or as may be obtained from th~
insurer;or.
(b)a lump sum eqUivalent to that which shall be required to purchase
any such retirement benefit.'
Such election shall be made not later than ninety days prior to such Partici-
pant's retirement date.The Trustees shall give such notice to the insurance
company wlthin the time specified in the insurance contract to execute such in~
struments and to take such other action as may be required to effectuate payment
under any such optio~al method of settlement.
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OPTIO~AL METHODS
OF SETTLE~!EI\T
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/3.31 'In the event a Participant dies prior to retirement.his beneficiary or L~.37
DEATH BENEFITS
beneficiaries shall receive anyone of the follOWing amounts:
(a)the death benefit for an insured 'Participant shall be a sum not
in excess of one hundred times the amount of his then projected monthly
retirement income;.
(b)the death benefit for an uninsured Participant shall be the greater
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of refund of all premiums paid prior to date of death or the then cash
value of his annuity contract.
The total of deposits made in the Investment Fund,including the accumulated in-
come earned on such deposits,in excess of any portion required to be paid as a
permissible death benefit (within the limitation specified in (a)above)shall be
used during the current or next succeeding years to reduce Employer contributions.
Such values or death benefits as may be payable under any insurance con-
tract shall be paid and distributed to the beneficiary or beneficiaries under such
j optional r,diloJ of settler::el1t as [::ay be designated by the Participant or by the
Trustees in the event of failure of such designation by the Participant.
[J.4/In the event of any Participa"nt's total and permanent disability,such
.disabled Participant shall be entitled to receive the total of the cash value of
the insurance contract held for him and an amount equal to the total of all de-
posits (including all prior income earned thereon)made to the Investment Fund
on account of such Participant.
Ho~ever,at the option of such Participant,he may elect to receive the
"I insurance contrac(by assignment from the Tru$tees in lieu of receipt of the cash
value.
:70tal and permanent disability"means a physical or mental condition of
a Participant resulting from a bodily injury or disease or mental disorder which
renders him incapable of continuing in the employment of the Employer.
The total and permanent disability of any Participant shall be deter-
mined by the Trustees,in accordance with uniform principles.consistently applied;
upon the basis of such evidence as the Trustees deem necessary and desirable.
/3.4/
DISABILITY
BE.\EFITS
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/3.5l .A Participa~t whose service with the Employer is terminated for any ~
VESTING UPON PRE-
reason other than death ,total and permanent disability or retirement shall forfeit RETIRE~T.'.TERMINATION
all his interest in the Investment Fund but except in the event of his dismissal
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for cau~all receive the ordinary life ins...u~e contract h~_l_d f~"~_Ei_~"_~_~"nefit"
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by the Trustees who shall effect the required procedures to transfer ownership
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of the contract to the terminating participant.,Any such prirticipant for whom
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an annuity contract had b~en purchased the Trustees shall surrender his annuity
contract to the insurance company for its then cash value.From the amount of
proceeds received.the Trustees shall pay to such Participant that portion which
would be equivalent to the then cash value of an ordinary life insurance contract
.Which would have been purchased for the Participant had he been insurable.
Dismissal for cause shall be construed as discharge for one or more
of the following reasons;dishonesty,insubordination,dl'unkrnncss \\hile on duty.
conviction of a crimnal act,or wilful attempt to harm the Employer'~business tlr
property.
The value of any part of the Investment Fund forfeited by a Participant
,-,..",'".,..•...~.
and any portion of the forfeited cash value of an ~nnuity contract shall be de-
ducted from the Employer's contribution for the benefit of the remaining Partici-.,
pants on account of the current or next succeeding year or years.
I..
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II
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II
3.5
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Section 4
.ISSUI\NCE or POLICIES
/4.17 Upon receipt of an insurable emploJec's execu ted application for partic-
ipation the Trustees shall apply for and purchase,from such insurance company
(herein referred to as "insurer")as the Trustees may select,an ordinary life
insurance contract upon the life of such Participant containing an annuity op-
tion,in an amount that will,upon exercise of such option and payment to the
insurer of the additional premiums specified therein.provide the monthly retire-
m~nt income pruvided for such Participant as specified in Sub-section 3.1 (r~
tire~ent benefits)hereunder.
For each Participant who is insurable,the Trustees shall obtain nn
insurance contract providing a maximum death benefit,payable to the Participant's'
·beneficiary in the event of the Participant's death prior to his retirement.equal
to one thousand dollars ($1 000)for each ten dollars ($10)per month of retire-
ment benefit to be provided for the Participant by that contract at the Partic-
ipant's normal retirement date.
For each uninsurable Participant the Trustees shall apply for and pur-
chase an annuity contract in an amount that will prOVide the amount of monthly
income to which the Participant shall be entitled.Such contract shall prOVide
for a death benefit in the event of the Participant's death before his normal
retirement date in an amount equal to the total premiums which have been paid
for such coniract,or the cash value,whichever is greater.
'.
Lh17APPLICATI~FOR
POLICY;TYPEj
AMOUNT
iI
II.
iI
/4.g7 In case of an :increase to be provided in a Participant's retirement income L4.2/
ADJUSTMENT OFpursuanttotheprovisionsofSub-section 3.1(b)(Adjustment of retirement bene-,POLICIES
fits)the Employer shall increase the contribution for the b~nefit of the Par-
ticipant in an amount sufficient to enable the Trustees to purchase an addition-
al insurance contract of the reqUired amount and to provide any sum necessary to
fund the Participant's retirement income.
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L!.3/The Trustees shall be the sole owner of all policies purchased hereunder,-and they shall be so designated in each policy and applicatio~therefor.
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OWNER91I P OF
,POLICIES
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Section 5 .
C{WfRIlHITIO;.JS AND P[l.DIIU~.IS
y.____lL_--''--_
fJfJJ The cost of administering the Trust and all benefit's provided for under'f§JJ -
CONTRIBUT IOOS
this Agreement shall be financed bycontribtitions from the,Employer.
5JJ
TDIPORARY SUSPEN-
SION OF C~TRIBU
nONS
~The Employer shall,from time to time,pay to the Trustees such amounts
as may be necessary to pay the initial and renewal premiums on all insurance
contracts applied for or then held by the Trustees and such additional amounts
.
as mny be actuarlally determined Lo be necessary to provide the benefits speci-
tied hereunder.
f§;IJ The Employer shall pay contributions :to _the Trustees on account of a
particular plan year at such times as the Employer may decide.
~Consistent with the purposes of this Plan,the Employer,in its sole
Idiscretion,may suspend contributions for one or more years.In the event of
discontinuance for more than one year of the Employer's contributions,all Par-
ticipants'interests s~all become fully vested until such time as the Employer
shall make payment of any suspended contribution.
f£1JBASIS OF CONTRIBU-
TIONS TO PENSION
TRUST
L£IJ ITBIEOFPAnlEI\T I
OF CONTRIBUTION ./!
ii
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II- I
L5:Jil All refunds with respect to any insurance contracts held hereunder.shall f§;§J
REFUNDS
be applied and used during the current or next succeeding years to reduce the
premium-payments thereon.
~Notwithstanding any provision in this Agreement to the contrary,during.~
PROVISION TO PRE-
the first ten years after the effective date hereof,the benefits provided by VENT DISCRIMINA-
TION ON EARLY
the Employer's contributions for 11articipantswhose annual benefit provided by TERMINATION
such contributions will exceed $1 500,but applicable only to ~he twenty-five
highest paid employees as of the time of establishment of the Plan (inclUding
any such high paid employees who are not Participants at that time but may later
become Participants)shall be subject to the following conditions:
5.1--.6
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in the first paragraph of this Sub-section.in the manner following:to each'
such other Participant in the ratio that the case value of policies on the life
I of each such rarti~ipant bears to.the total cash value of all policies on the
'!lives of all such other Participants.
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Section 6
TRUSTEES
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/6.11 The Trustees shall receive any contributions paid to them in cash or
oth~r property and shall establish tNO funds under this Trust to be known'as
the "General Fund"and the "Investment Fund".All contributions made by the Em-
ployer for payment of initial and renewal premiums on policies applied for or
held hereunder,together with all policy refunds,arid amounts received by the
ITrustees under an)'policy that are not dis'tributable hereunder shall consti-
I
:tute th~Cr~cr~l Fu~d.All n~ditio~~!contri~uti8~S ~Jde by the E~ploycr for the
t '
I ,I purpose of accur;;ulating the amounts necessary to provide the benefits specified by
this Plan together with all income earned on such contributions shall constitute
'th~Invcst~ent Fund.Coth the General Fund and the Investment Fund shall 'be held,
managed,and administered in trust pursuant to the terms of this Agreement.'The
Trusteesherehy accept the Trust created hereunder and agree to perform the duties
under this Agreement on their part to be performed.
/6.2/The Trustees shall make payrtent of the premiums on insurance contracts'
acquired by them in accordance with the provisions of Section 4 hereof from the
[f;J}
ESTABLISHMENT AN)
ACCEPTANCE OF
TRUST
&IiINVEST~T OF '
TRUST FUNDS
General Fund and shall invest and reinvest the principal and income o~the In-
vestment Fund and keep the Fund invested,without distinction between principal and,
income.in such securities or in such property,real or personal.wherever situated,
as the Trustees shall deem advisable;including,but not limited to:
(a),bonds,common,or preferred stocks or other securities whether or
not listed on any exchange;
(b)stocks.bonds.or obligations of the Employer or a subsidiary·
or affiliate thereof;
(c)real estate.or in loans secured by first mortgages on real
estate;or,
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(d)·loans secured by personal property or securities
In making such investments,the Trustees shall not be~restricted to •
securities or other property of the character authorized or reqUired by appli-
cable law from time to time for trust investments.
l§;I1 The Trustees shall have the following pOlvers and authority in the ad-/1JclJpaVERS OF TRUSTEES;
ministration of the General Trust Fund:GENERAL FUND
(a)(purchase of policies)To make,or cause to be made,proper ap-
plication fOF any life insurance or annuity policies to be purchased as here-
in provided,to purch~sc such policies,and to hold all s~chpolicies in trust'
pursuant to the terms of this Agreement;
(b)(Exercise of owners'rights)With respect to the policies held
for the benefit of the Participants hereunder,to sell or assign such policies,
to surrender such policics for cash,to change and successively change the
beneficiary or beneficiaries named in such policies.to designate methods of
payment and distribution or settlement of the proceeds and values thereof,to
convert policies from one form to another,and otherwise to exercise all of
the rights and privileges ot ownership of such policies;
(c)(Borrowing)In the event the assets of the Fund shall be insuf-
ficient to pay any premiums due,to borrolV proportionately against the loan
value of policies held for the benefit of Participants hereunder in order to
pay such premiums.
[6.4/,The ,Trustees shall have the following powers and authority in the
odministration and investment ot the Investment Fund:
(a)(Purchase of property)To purchase,or subscribe for,any secur-
~ties or other property and to retain the same in trust;
(b)(Sale.exchange.conveyance and transfer of property)To.sell.
exchange.convey.transfer.or otherwise dispose of any securities or other
L9.4/
POWERS OF TRUSTEES.
1t\'VESTMENI'FUND
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property 'held by them,by private contract or at public auct~on.No person
dealing ~iLh the Trustees shall be bound to see to the application of the pur-
chase money or to inquire into the validity,expediency,or propriety of any
such sale or other dispositioni
(d (Exercise of mmers'rlghts)To vote upon any 'stocks,bonds or
other securities;to give general or special proxies or powers of attorney
with or without power of substitution;to exercise any conversion privileges,
subscription rights,or otter options,and to ~ake any payments incidental
t thereto;to oppose,or to consent ~O,or other~ise participate in,corporate
I .I reorganizations or other changes affecting ~orporate securities,and to dele-
I gate discretionary pOl~ers I and to pay any assessments or charges in connection
I therewith;and generally to exercise any of the powers of owners with respect
I to stocks I bonds I securities or other property held as part of the AuxiliaryI
I
Fundi
(d)(Registration of investments)To cause any securities or other
Iproperty beld as part of tbe Investment Fund to be registered io tbe Trustees'
I
own names or in the name of one or more of the Trustees,and to hold any 1n-
vestments in bearer form,but the books and records of the Trustees shall
at all times show that all such investments are part of the Investment Fund;
(e)(Borrowing and lending)To borrow or raise money for the purposes
of the Trust in such amount,and upon such terms and conditions,as the Trus-
tees shall deem advisable;and.for any sum so borrowed.to issue their prom-
issory note 8S Trustees and to secure the repayment thereot by pledging all,
or.any part.of the Investment Fund;and no person lending money to the
..
Trustees shall be bound to see to the application of the money lent or to in-
,,
quire into the validity,expediency or propriety of any such'borrowing;
(f)(Retention of property acquired)To accept and retain,for such
time as they may deem advisable,any securities or other property received or
,t"
acquired by them as Trustees hereunder,whether or not such securities or
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other property would normally be purchased as investments hereunder.
~In addition to the powers and authority set forth in Sub-sections 6.3
and 6.4 hereof I the Trustees shall have the following pOlvers and authority
in the administration of the General Fund and the Investment Fund:
(a)(Execution of instruments)To make,execute,acknowledge,and
deliver any and all documents required by the insurer in connection with the
issuance of any insurance or annuity policies or in connection with the ex-
ercise of the rigiltS of o;mer:)/iip of such policies,any and all documents
of transfer end conveyance and any and all.other instruments that may be neces-
sary or appropriate to carry out the powers herein grantedj
(b)(Retention and banking of cash)To keep such portion of the General
!Fund or Investment Fund in cash or cash balances as the Trustee may,from time
iI to time,deem to be in the best interests of the Trust created hereby,with-
out liability for interest thereon.Such cash shall b~deposited in such
banking institutions as may be selected by the Trustees and can be withdrawn
!only as authorized by the Trustees.
(c)(Settlement of claims and debts)'To settle,compromise,or sub-
mit to arbitration any claims,debts,or damages due or owing to or from this
Trust,or.arising in connection with any policy held hereunder,to commence
or defend suits or legal or administrative proceedings,and to represent the
Trust in all suits and legal and administrative proceedingl;
(d)(Employment of agents and counsel)To employ suitable agents and
counsel (Who may be counsel for the Employer),and to pay their reasonable
[gJ
POWERS OF TRUSTEES:
IN GENERAL
I
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IIIi,
~xpenses and compensations;
(e)(PolVer to do any necessary act)To do all such,acts,take all
such pro~ecdings,and exercise all such rights and privileges,although not'
specifically mentioned herein,'as the Trustees may deem necessary to'admin-
ister the General Fund Bnd the Investment Fund,and to carry ou~the purposes'
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~(Payments from the funds)The Trustees shall fro~time to time.make'/6.67
PAnlENTs FROM TIlE
payments out of the General Fund and the Investment Fund to the insurer or in-FU~S
surers and to such other persons.in such manner.in such amounts.,and .for such
vcst~cnt Fund to meet and discharge any and all liabilities under this Agreement.
purposes as the Trustees shall determine.and upon any such payment being made •
.the amount thereof shall no longer constitute a part of the Fund from which it
was made.The Trustees shall not be responsible in any way with respect to the
application of such payments or for the adequacy of the General Fund or the In-
(Paynent of co~pcnsation and expenses)The Trustees may be paid such
reasonable cOI:1pensation as shall from time to time be determined lJy the Em-
I,
II
I!£Jl .!
P,\Y\lEr-;T OF CO~lP['\S,\-I
nON MD EXPE.\SES I
ployer.In addition;the Trustees shall be reimbursed for any reasonable ex-
.penses,including reasonable counsel fees,incurred in the administration of
the Trust.Such co~pensation and expenses shall be paid by the Employer.
/6.8/The Trustees shall keep accurate and detailed accounts of all invest-
ments,receipts.disbursements.and other transactions hereunder.All ac-
counts.books and records relating to such transactions shall be open to
inspection and audit at all reasonable times by any person designated by the,
Employer.
No person other than the Employer may require an accounting or bring
an action against the Trustees,with respect to the Trust crea~ed her~by or
their actions as Trustees.
/6.8/
ACCOUt\7ING..
I,
I
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/MJIALUUNITY OF TRUSTEES
/6.9/Immunity of trustees
(a)(Non-liability)The Trustees shall not be liable for any act or
failure to act or for any loss unless due to their own wilful neglect or fraud
and no.Trustee shall be personally liable for the acts or omissions of any other
Trustee or for the acts of omissions of any agent of counsel employed by the
Trustees pursuant to this Agreement,if such agent or counsel shall have been
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selected with reasonable care.The Trustees shall not be required to give
.
bond or other security for the faithful performance of their duties.
(b)(Reliance upon,directions)The,Trustees shall be fully protected
in relying upon any instructions and directions of the Employer and in taking
any action upon any instrument.certificate or paper believed by the Trustees
to be genuine and to be signed or presented by the proper person or persons.
The Trustees shall be under no duty to make any investigation or inquiry as
to any stiltel~:rnt contained in an)'such Ivrj tina.but mil,)'accept the same as con-
clusive evidence of the truth n~J 3~curncy of the stiJte~cnts therein contained.
(c)(Indemnification)The Employer agrees to indemnify the Trust and
the Trustees against any liability imposed as a result of a claim asserted by
any person or persons under the laws of any state where the Trustees have acted
in good faith in reliance upon a written direction of the Employer.
/6.10/Appointment.removal;successors;action
(a)(Appointment;successors)The original Trustees shall be the
Employer may remove any Trustee at any time by written notice to him and to
the otber Trustees or Trustee.Upon such resignation or removal and upon the
death of a Trustee,or upon the inability or refusal of a Trustee to act.the
Employer shall appoint a successor Trustee.Each such successor Trustee
shall file with the Employer and with the other Trustees or Trustee an in-
'strument in writing accepting his trusteeship hereunder.shall have all of
the.powers and duties of one of the original Trustees hereunder.
(b)(Action)Action by the Trustees may be taken either by a vote at
a meet,ing or in writing without a meeting.If at any time~there shall be
less than three Trustees!the remaining Trustees shall have full power to
act pending the appointment of a successor Trustee.
/6.10/
APPOINTaIENT I .
REMOVALj SUCCESSORS:!
ACTION .'I
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6.9--.10'
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The Trustees may appoint one of their number to execute any instrument.
documen.t or consent that lIlay be required in the exercise of their powers and
duties hereunder,including,but not limited to,any instrument,document or
consent in connection with the Investment Fund or the application for or pur-
chase of policies under this Agreement or the exercise of any rights under such
policies.
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Section 7
i\\iENmiEi\T AND TODiJ(\ATION
amend,in whole or part,any or all of the pr.ovisions o~this t'greement.How-
I ever.no such amendment shall affect the terms of payment or the value of the
Ii policies already issued as computed to the dale of such amendment;no such amend-
II ment shall authorize or permit any part of the Trust Fund to be used for or
I divert~d to purposes other than for the exclusivr h~nrfit of the Participants or
I-
I ill/The Employer shall have the right at <lny time,and from time to time.to /7.1/
AMENO~'EM'
I
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(a)The Employer shall have the right at any time to terminute this
rt:~ponsilJiji.Lies of the II'ustees may Lc lliilUe hitiilJllt tlie Trustees'I'iritten cun-
sent.All}SJch lImendmCll1.shall become cffceti\'~UpUlJ uclivcl'j'of u written in-
l.IH'ir beneficiaries;and no such amendment Idlleh affects tile l'i~lhL5,duties or
I
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I.I
.i struIncnt,executed by ol'der of the nOurd of Directors,to the Trustees,and the II,
•I!endorsement of the Trustees of its receipt or of their ~ritten consent thereto,i
I Iiifsuchc_~ns2~_~_.~s req.u_~.I~~_.,,__.,.__.._..___._..". .__.____.__.._I
I i
!/1.2./Termination /7.2/I
I nfuilNATION
III Agreement and the Trust hereby created,by.delivering to the Truste~s written
notice of such termination.This Agreement and the Trust hereby create~shall
also terminate in the event the Employer is legally adjudicuted a bankrupt,or
makes a general assignment for the benefit of creditors,or is dissolved.
(b)Upon any such termination,the Trustees shall trunsfer or otherwise
deliver to each Participant all policies for his benefit in their possession
I (either without endorsement or endorsed in such manner uS the Trustees shall,
i!determine)I and thereafter the Trustees shall have no further l'ight,title or
!
II interest in an~to such policies.the Tru~tees shall ulso distribute to the
I Participants any funds remaining in the Trust Fund in the ratio that the cash
I value of th~policies then held for the benefit of each Particip~nt bears to the
aggregate cash value of all policies then held for the benefit of all Participants.
7.1-.2
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(c)Upon making such transfer,delivery and distribution,the Trustees
shall be discharged from all obligations under the Trust and~no Participant shall
have any further riaht or claim therein.
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Section 8mSCEI.L\:':U1tJS
IlLll .It is expressly understood iilld agreed Ly eilch employee who becomcs a LQ.V
LnllTATIO~O;-.j
Participant hrrcundcf ,that except for its Of their wilful neglcct or fraud,LIABILITY,
neither the Employer nor the Trustees shall be in any way subject to any,suit or
lltig1ltion,or to any legal liaLilit)'.for any cause or reiison or thing Ithatso-
ever,in cunntction with this Trust or its operation.and each such employce
Jlresent and successor;from an~'and all Ji<l"iJit~·or obli~ilti.on.
In ilny <letion or prDceedjn~involVing the Trust fundi or ~ny property
constituting part or all t~crcof,or the administratiun thereof.the Emploser;
and the Trustees shall be the only necessary parties and no employees or former
employees of the E~?loycr or their Leneficiarics or any other person having or
claiming to have an interest in the Trust fund or under the Plan shall be en-
titled to any notice of process.
Under no circu~stances shall this Agrcement or the participation in the
Trust created hereuy by an employee constitute a contract of continuing employ-
ment or in any manner obligate the Employer to continue or discontinue the
services of an employee.
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L8.2/Except as respects an)'indebtedness owing to the Employer,the
interests of participants and their be-neficiarics und.er the Plan are not in
LfbJ)
I',\HTICI P;\\TS'
SHARES i\aT
IISSIGl\iiOLE
any l~ay subject to their debts or other obligations and may not be volunta~-
ily or involuntarily sold,transferred.or assigned.I
I
.L8.3!·No iosurance company shall be required to take cognizaoce of or to in-L8.J/I
INSURANCE CmIPM,!ES "quire into any provisions of this Agreement or to question ,the au'thority of the RESPONSIIHllTlES
Trustees to do any act with respect to any contracts purchased by the Trustees.
The responsibilities of any insurance company shall be limited to contracts
8.1--.3
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than $1 000 face value.Such insurance company may conclusively assume that the
present or any successor Trustees of this Trust shal~have full authority and power
to take any aclion ~ilh respect to c~ntracls acquired u~dei the provisions herein.
LB.~/The titles to tht>Sections Clnd the headings to the Sub-sections in L§'._~/
SECTION TITLES
this i\yrecr.cnt are inserted for convenience of reference only.In case of
,,
I
II
II
I
"'II
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issued by it but.not withst~nding any other provision coqt~ined in this
Agrccl::i,;nt;110 insurance cOt;;pany shaULl:required to issue a contl'~t:t of less
notldthstandlnq any notice to the contrary.
liLy I\h~nf'\'r.r the Err.ploYflr lIndf>,f t.he tf~rms of this A~reement is permitted
or requlI'eJ to uo or !Jl:ri"lJl'd allY act 01'fi.iJLLer or Lhing it shall Lc dune Jlid
p~r[0r~ed by ~ny officer thrrcunto duly ~ut~orizcd by its Do~rd of Directors.
any conflict,the trxt,rDtht>r than such titles or headings,shall control.
L8.6/The terms.provisions and effect of this Agreement shall be con-
strued,enforced and admjnistered according to the laws of the CommolU~ealth
of Pennsylvanja.The Trustees shall be under no duty or obligation to account
to ~ny Court other ihan to a Court in Washington County,Pennsylvania.
f.(
JL
!8X7
oI[CC,\TION Of
L\;PLOYUt
;\UTliO;nH
~!..6J
SITUS OF TRUST
"
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1!II
f§;fl I\herever any"l~ords are used herein in the masculine gender they shall f§;J1
GE~DER AND NU~IDER
be construed as though they were also used in the feminine gender in all
cases where they would so applYi and wherever any words are used herein in the
singular form they shall be construed as though they were also used in the plural
form in all cases where they would so apply.
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1JIJ.7 If ;lny provision of this Agreement shall be for any reason invalid
or unenforceable.the remaining provisions shall not be affected thereby.
/6.97 This Agreement may be executed in any number of counterparts;each of
which so executed shall be deemed to be an original,and such counterparts
shall together constitute one and the same instrument.
L~!..~J
EFFEcr OF AGHEE~IEi\T
~:9J
AGREEMENT PRErARED
IN COUNTERPARTS
8.3--.9
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I
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i
IN InTNESS HEREOF,the Employer has caused this instrument to be
executed by its President and Secretary 'and its corporate seal to ,be affixed,
and the Trustees have hereunto set their hands and seals,both on the day an,d
year stated above.
(SL\L)ny
Tl'ustee President
(SEAL)Attest:
Trus tee
(SEAL)
Trustee Secretary:
IVitness:
Corporate Seal
j .\(As to all Trustees)7
,.
'j
I
I
Known Beneficiaries of "Blue Star Pension Plan and Trust Agreementll
as of February 7I 1970.
Regis C.Vogel,Jr.
2137 Hycroft Drive
Pittsburgh,Pennsylvania
Regis C.Vogel
1775 Hastings Mill Road
Pittsburgh,Pennsylvania
Anthony Rago
Sunridge Drive
Bridgeville,Pennsylvania
Frank Gomez
1280 Summer lea Avenue
Washington,Pennsylvania
EXHIBIT "'8 r,
31-A.REDUCTION BOND.S 1Io L
Revl.~June 1&,1968
------------~
.'01'S.I"by P.O.,NaIY Co..Lew hiaIIIe l'ubll.Il....42&Fou,'th Annue.\'In.burllh,I'll.1&2\11
a corporation existing under the lawlI of the Commonwealth of
I{now all Men by these Presents,
THAT WE,REGIS C.VOGEL,a/k/a REGIS C.VOGEL,SR.and HELEN R.VOGEL,his
Wife,REGIS C.VOGEL,JR.and SUSAN E.VOGEL,his wife,all of Upper St •••
Clair Township,Allegheny County,Pennsylvania,BLUE STAR POTATO CHIP
CORPORATION,a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania,havings its principaJ!place of business in
Cecil Township,\'lashington County,Pennsylvania,and REGIS C •.vOGEL,··a/k/a
~EGIS C.VOGEL,SR.,REGIS C.VOGEL,JR;and R.P.GOODWIN,Trustees under
the "Blue Star Pension Plan and Trust Agreement"hereinafter called Obligors,
and
S.LOVENIAN SAVINGS AND LOAN ASSOCIATION OF CANONSBURG,PENNSYLVANIA,
.Pennsylvania
/(hereinafter called the Obligee),in the IIU~of
THREE HUNDRED THOUSAND---and--.;.no/lOOths----------.--Dollars ($300,000.00
lawful money of the United States of America,to be paid to the Obligee,its certain attorney,successors or assigns,to which payment
well and truly to be made,we,the said Obligors do bind ourselves,our heirs,executors,administrators and assigns and everyone of
them,jointly and severally,firmly by these presents.
AND we,the said Obligors,do hereby empower Robert L.Zeman,Esq.,Attorney,or any attorney of any,Court
of Record within the United States or elsewhere to appear for us or either of us and with or without a declaration filed,confess judg~
ment against us or either of us in favor of the Obligee,its successors 01'assigns,as of any term,for the above penal sum,which shall
include and cover all payments required to be made by us in and by the terms and conditions of this Bond as hereinafter set forth,in·
eluding also an attorney's commission for collection of five per centum of the total of all such payments,which commission,.however,
shall not be less than One Hundred Dollars ($100.00),together with costs of suit;and we do hereby waive stay of execution or oth~r
process on such judgment,and holding inquisition on any real estate levied on by virtue of any writ sued out on such judgmenf;js
hereby dispensed with .and waived and condemnation agreed to,which real estate may be sold under a writ or writs of Execution or
other lawful writ;and all exemption of any and all relil and personal property from levy and sale on any execution under any law n0Vi!
in force or hereafter passed is hereby waived,and we further do hereby waive all errors,defects and imperfections in entering the sara
judgment or in any writ,or process or proceeding thereon or thereto or in anywise touching or concerning the same and for the con~
fession and entry of such judgment,this shall be sufficient warrant and authority.
WITNESS our hands and seals this day of one thousand nine hundred and
seventyTH~CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Obligors,their heirs,executors,administrators
or assigns,shall well and truly payorcause to be paid to the said 0 bligee,its successors or assigns,the just sum of
ONE HUNDRED FIFTY THOUSAND---and---no/lOOths---------Dollars ($150,000.00
lawful money of the United States of America,with interest and premium for the pl'ivilege·of being granted this loan as hereinafter
pllO\'ided,and all additional moneys advanced by the Obligee as herein or othnwise legally pllovided,the principal of said just sum
interest and premium thereon to be paid in monthly installments of not less than
SIXTEEN HUNDRED TWENTY THREE---and---68!100ths--------Dollars ($1623.68 )
each,the first installment to be paid on 'or before the first day of ,19 70,and the remaining
installments on or before the first day of each and every month thereafter (which latter day ishereiftafter re-
ferred to as the monthly payment date hereunder)until the principal sum,interest and premium,additional advances and othel'
charges herein covenanted to be paid,are paid in full;and shall also pay 01'cause to be paid unto Obligee,its successors or assigns,in
addition to,and concurrently with such monthly installments of principal,interest and premium,a further sum equal to the total of
one-twelfth of the annual taxes,sanitary sewage charges,municipal water rent (if any),now assessed,or from time to time to be
assessed,against the premises described in the Mortgage securing this Obligation,one-twelfth of any annual tax hereafter levied by any
duly constituted authority upon Obligee on account or measured by the amount of this Obligation or the Mortgage securing this Obli.
gation,or Obligee's revenue hereon or thereon,and one-twelfth of the annual cost of insurance against fire and other hazard to said
mortgaged premises,such insurance to be in good and approved company or companies,satisfactory to Obligee,duly assigned as col-
lateral security to Obligee,its successors or assigns,and shall also keep and maintain all buildings,now or hereafter erected on the
mortgaged premises,in such good order,condition and repair as may be required from time to time by the Obligee,then this obligation
to·be null and void;otherwise to remain in full force and virtue,
.PROVIDED FURTHER,and it is expressly understood and agreed,that monthly payments made by Obligors shall be applied
first to interest and premium on the unpaid balance of the principal sum and the remainder thereof shall be applied to principal,taxes
andother charges.Interest shall be computed monthly at the rate of one-twelfth (1/12)of the annual rate seven per
centum (7 %),and said premium shall be computed monthly at the rate of one per centum
(1 %)per annum on the balance of said principal sum rem~ining unpaid at the close of business on the last previous
monthly payment date,and such interest and premium,if not paid at the close of business on the current monthly payment date,
shall be added to the principal of this Obligation.So long as the monthly payments herein conditioned shall not be in arrears,or this
Obligation shall not be in default as hereinafter defined,Obligee,for and on behalf of Obligors,may pay,(but there shall be no liability
for failure to so pay),prior to the penalty date,and if in arrears or in default may at any time pay,said taxes,municipal water rent
(if any),premiums upon such insurance against fire and other hazard upon,against,or to said premises as shall to Obligee seem nec-
essary,and for and on behalf of Obligors,may,in the discretion of Obligee,if Obligors shall have failed so to do,as herein required,
pay and discharge any municipal claim or assessment,or any other encumbrance,charge or lien created against said premises,either
prior or subsequent to the lien of said mortgage,and pay for the protection of the property against damage arising from or likely to
arise from the subsidence 'or threatened subsidence of surface thereof by reason of the removal of coal or any subterranean support-
Ina mineral or substance.In the exclusive judgment of the Obligee it shull have the right to purchase the said coal or to expend such
sums as in its exclusive judgment may be necessary or desirable to protect the said premises from damage arising from such subsi-
dence or threatened subsidence,and,in,the discretion of Obligee may add any sUm or sums so paid by it as advances for and on behalf
of Obligors as above provided,to the balance of the principal debt hereunder,which sum or sums so advanced,and added,to the balance
of the principal debt hereunder,shall bear Interest at the rate aforesaid from the date of..payment nnd shall be secured by the Mort-
gage securing this Obligation in the same inanner as is the original principal debt and the interest and premium thereon.
Obligors hereby expJessly assign and transfer unto Obligee all sums of money hereafter payable under any policy 01'policies of
insurance covering the mortgaged premises and all rights of action for compensation by reason of the exercise of the right of eminent
domain against the mortgaged premises,or any part thereof,and does hereby irrevocably nominate,constitute and appoint Obliget'
their true and lawful attorney for the prosecution and collection thereof.
i'!I:':'
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,AND PROVIDED FURTHER,anything hereitl provided to ~he contt'~ry notw'ithstanding,it is expressly undel'stood and a~r~ed
thl\~the obligation of this bond shall covel',as well,any other additional advances that may be made by Obligee 'to Obligorll,at any
time 01'times hereaftel',provided that at no time may the total balance due by Obligors to Obligee hereunder,whether the same,I'epre·
sents,in whole ,or in part,the initial advance or any future advance or advances,exceed the original amount of this obligation,,
AND PROVIDED FURTHER,and it is hereby expressly agreed,that if at any time hereafter the Obligors shall suffer or per-
mit any payment herein conditioned to be'made by them to be in arrears for a period of 30 days or if any of the requirements above
mentioned as conditions to this Obligation,other than the payment of money,shall not be met,without any qualification Ot delay,then
and in such case this Obligation shall be deemed to be in defaUlt,and the whole principal debt or so much thereof as shall then remain
unpaid,shall,at the option of Obligee,become due and payable immediately and.payment of said principal debt and all interest..J\nd
premium thereon may be enforced and recovered at once,anything herein or in aaid mortgage contained to the contrary notwithstand-
ing,and no payment by Obligee of any sums herein required to be paid by it shall be deemed a waiver ot such default,nor shall llny
failure of Obligee to exercise said option constitute a waiver of the right to exercise the same at any other time;and a writ or writs
of Execution or other lnwful writ may be issued upon the judgment obtained upon this Obligation by virtue of the warrant of attorney
herein contained,or a Complaint in an action of Mortgage Foreclosure or other lawful writ may be issued upon the accompnnyin~
Mortgage and.prosecuted to judgment and execution and sale,to recover the unpaid balance of the principal debt hereunder,all addi-
tional advances mado by Obligee as herein or otherwise legally provided,all interest and premium thereon remaining unpaid,together
with all fees,costs and expenses of collecting the same,Including an attorney's commission as hereinbefore provided,anything herein
contained to the contrary notwithstanding;and as a concurrent and cumulative remedy or option thereon,for the benefit ot Obligee,
its successors or assigns,the said Obligors do hereby authorize and empower any attorney of any Court ot Record to appear for them .
in any court of competent jurisdiction,to confess judgment against them in favor of Obligee,its successors or assigns,in an amicable
action of ejectment for possession of the property secured by the Mortgage accompanying this Obligation.
In the event any payment provided for herein shall become overdue for the space of fifteen (16)days,Ohligors ait'ee to pay a
late charge in an amount not exceeding four per centum (4/fr)of any p~ymentJ!lade after the due date for said payment as rompenlltl·
tion for the additional service l'esulting from the default.
Attest:
,,
Attest:
Secretary
'Attest:
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R.:P.Gqodwin,Trustees
under the "Blue Star Pension
Plan and Trust Agreement"
?
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n·A.REDUCTION MORTOAGE-B ..L
R~I•..t June Ill,1968
This Mortgage
For Bale b,p,O.Nal,Co..Law Blank rjlbll.h....426 Fourth Annue,PltlttburRh,I'".16210
MADE the day of in the year of olk Lord-;'
one thousand nine hundred and seventy (1970)
B~N REGIS C.VOGEL,a/k/a 'REGIS C.VOGEL,SR.and HELEN R.VOGEL,his
w1fe,REGIS C.VOGEL,JR.and SUSAN E.VOGEL,his wife,all of Upper St.
Clair Tovmship,Allegheny County,Pennsylvania,BLUE STAR POTATO CHIP
CORPORATION,a corporation organized and 'eXisting under the laws of the
Commonwealth of Pennsylvania,having its principal place of business in
Cecil To\~ship,Washington County,Pennsylvania,and REGIS C.VOGEL,
a/k/a REGIS'C.VOGEL,SR •.,REGIS C.VOGEL,JR.,and R.P.GOODWIN"Trustees
under the "Blue Star Pension Plan and Trust Agreement f "hereinafter called'
Mortgagors,
AND
SLOVENIAN SAVINGS AND LOAN ASSOCIATIO~OF CANONSBURG,PENNSYLVANIA,'
a corporation existing under the laws of the CommonvJealth of Pennsylvania ,Mortgagee.
WHEREAS,the said Mortgagors by their Bond duly executed under the hands and seals of
said Mortgagors,bearing even date herewith,stand held and firmly bound unto said Mortgagee in the
sum of THREE HUNDRED THOUSAND-----and------no!lOOths------------------
------------------------Dollars ($300,000.00 ),lawful money of the United
States of America,conditioned for the payment unto the above named Mortgagee,of the just sum of
ONE HUNDRED FIFTY THOUSAND and no/lOOths------Dollars ($150,000.00 ),
lawful money of the United States of America,with interest and premium for the privilege ofbeing
granted this loan at the rate specified in said bond and all additional moneys advanced by Mortgagee as'
therein provided,the principal of said just sum interest,and premium thereon to be paid in monthly
installments of not less than SIXTEEN HUNDRED T:lENTY THREE----and----68/100ths---
------------------------Dollars ($1623.68 . )each,the first installment to be
paid on or before the first day of 1970,and the remaining installments
..,-...'to be paid on or before the first day of each and every month thereafter (which latter day
is therein referred to as the monthly payment date)until the principal sum,interest,premium,addit-
ional advances and other charges therein covenanted to be paid are fully paid;and conditioned also upon
the payment to Mortgagee,its successors or assigns,in addition to,and concurrently with such monthly
installments of principal and interest,and premium.a further sum equal to the total of one-twelfth of
the annual taxes,sanitary sewage charges or assessments,municipal water rent (if any)nowassess·
ed,or from time to time to be assessed,against the mortgaged premises,one-twelfth of any annual tax
hereafter levied by any duly constituted authority upon Mortgagee on account or measured by the am-
ount of said Obligation,or this Indenture of Mortgage or Mortgagee's revenue thereon,and one-twelfth
of the annual cost of insurance against fire and other hazard to said mortgaged premises,such insurance
to be in good and approved company or companies,satisfactory to Mortgagee,dwy assigned as eolia-
teral security to Mortgagee,its successors or assigns,on the buildings t:rected upon the premises here-
inafter described;and conditioned also upon the keeping and maintaining of all buildings,now or here-
after erected on the mortgaged premises,in such good order,condition and repair as may be required
from time to time by Mortgagee and with provision'for application of payments to interest,premium,
principal,taxes and other charges,together with a provision for the adding to the principal debt of any
amount advanced by Mortgagee for taxes or municipal claims or assessments,or for the protection of the
property against damages arising from or likely to arise from the subsidence or threatened subsidence of
the surface thereof by reason of the removal,or proposed removal of coal,or any subterranean supporting
mineral or substance,and also a provision assigning policies of insurance,and right of eminent domain,
and a provision for Writs of Execution,execution and sale and amicable action in ejectment in event of
default.All of which is fully,at large and in detail set forth in the said Bond which is hereby referred to
and made part hereof,the same as if it were verbatim set forth herein.
,
IT IS"EXPRESSLY UNDERSTOOD AND AGREED,anything herein provided to the contrary
notwithstanding,that the obligation of this Mortgage and its accompanying bond shall cover,as well,
any other additional advances that may be made by Mortgagee to Mortgagors,at any time or times
hereafter,provided that at no time may the total balance due by Mortgagors to Mortgagee hereunder,
whether the same represents,in wholo or in part,the ln1tial advance or any future advance or advances,
.excee~the original amount of tWs mortgage.
NOW,THEREFORE,the said Mortgagors,in consideration of the sum of One Dollar ($1.00)
to the Mortgagors paid by the Mortgagee,the receipt whereof is hereby acknowledged,and for securing .
payment and performance of said recited Bond as aforesaid,do hereby grant,bargain,sell and convey
unto the said Mortgagee,its successors and assigns
~LL THAT certain tract of land situate partially in Cecil ~.
Township and partially in Chartiers Township,Washington County,
Pennsylvania,bounded and described as follows,to wit:
BEGINNING at a white oak tree at the northeastern corner of
the tract at corner of lands formerly of John T.Burnside and formerly
of Thompson Heirs;thence by line of land formerly of said Thompson
Heirs,now of John Ptak,North 80~51'West 1303.7 feet to a fallen
iron-wood on corner of land of Henry W.Fehl,formerly L.M.and A.
Harvison;thence by line of said Henry W.Fehl land,formerly Harvison's
land,South 22°51'West 1385.3 feet to a stake at edge of road;
thence by same South 4°40'East 1724 feet to a stone at the corner of
land of Jesse Stenger,formerly Campbell:Heirs;thence by line of land
of said Jesse Stenger,formerly Campbell Heirs,South 69°33'East
900 feet to a s~ake;thence by lands of same and of Dell Weaver and
Henry Fehl,formerly John T.Burnside,North 31°57'East 646.5 feet
to a stake;thence by said Dell Weaver and Henry Fehl land,formerly
Burnside,North 53°57'East 441.5 feet'to a stake;thence by same ,.
North 27°57'East 1021.5 feet to a stake at side of road;thence
·by same North 20°03'West 816.5 feet to a white oak;thence by same
\North 4°49'West 621 feet to the place of beginning.CONTAINING
116.117 acres,more or less.
THE foregoing description and area content are in accordance
with a survey and plot heretofore made and prepared by Chaney &Armstrong,
Engineers,for John Dickson,dated July,1906,copy of which is.attached to deed of record in Deed Book 1045 page 461 in the Recorder's
Office of said County.
HAVING erected thereon,a factorY,building and other
appurtenant improvements.
TOGETHER with the rights of surface support,the rights in
a water service line and any easements in connection therewith,and
rights in the Brush Run Valley Water Association as the same are more
fully set forth and contained in the deed hereafter recited.
.'
BEING part of the same premises heretofore conveyed to
Regis C.Vogel et ai.some of the "Mortgagors"herein by Charles E.
Bradshawet ux.by deed dated September 25,1964,of record in Deed
Book 11$7 page 207 in the Recorder's Office of Washington County,.
Pennsylvania.
TOGETHER with and including all property of whatsoever
nature now or hereafter situate upon the above-described premises
and used or intended to be used in connection with the industrial plant
or the other improvements thereon erected.
UNDER AND SUBJECT to any exceptions,reservations,ease-
ments,grants and conveyances mentioned,contained or referred to in
.the above recited deed and in other instruments .of record.
"
,
"
TOGETHER with the appurtenances,buildings and Improvements,and the reversions and
remainders,rents,issues and profits thereof.
TO HAVE AND TO HOLD the same unto and for the use of the Mortgagee,its successors and
assigns,forever..'
PROVIDED,however,that if the said Mortgagors shall pay and perform,according to the
conditions hereof and of said Bond,everything to be paid and performed as aforesaid,then the estate
hereby conveyed and granted shall become and be void.
AND PROVIDED FURTHER,that if at any time hereafter Mortgagors shall suffer or permit·
any payment herein recited and required to be made by them to be in arrears for a period of 30 days~
or if any of the requirements other than the payment of money,shall not be met,without any qua1ifi~
cation or delay,then and in such case this obligation shall be in default,and the whole principal debt or
so much thereof as shall then remain unpaid,shall,at the option of Mortgagee,become due and payable
immediately and payment of said principal debt and all interest and premium thereon may be enforced
and recovered at once,anything in this Mortgage contained to the contrary notwithstanding,and no
payment by Mortgagee of any sums therein required to be paid by Mortgagors shall be deemed a waiver
of said default,nor shall any failure of Mortgagee to exercise said option constitute a waiver of the
right to exercise the same at any other time,
AND PROVIDED ALSO,that it shall and may be lawful for Mortgagee when and as soon as eaid
Obligation shall become in default as above recited,to sue out forthwith a Complaint in an action of
Mortgage Foreclosure or other lawful writ upon this Indenture of Mortgage,and to proceed thereon to
judgment and execution for the recovery of the entireunpaid balanceofprincipal,interest andpremium as
above recited,all costs of suit,and,an attorney's commiflsion for collection,viz:five per centum (5%)
of said principal debt,which commission,however,shall not be less than One Hundred Dollars ($100.00)
without further stay.And Mortgagors hereby waive and relinquish unto Mortgagee al.!benefit that may
accrue to them by virtue of any law heretofore or hereafter enacted to exempt the 'above mortgaged
premises or any other real or personal property whatever from levy and sale under execution,or any
part of the proceeds arising from the sale thereof,from the payment of the moneys hereby secured,or
any part thereof.
AND all errors in said proceedings,together with stay of execution or extension of time now by
law allowed or which may hereafter be given"are hereby waived and released.All the covenants herein
contained on the part of the M0I}:.!?ag.ors'shall be and are hereby agreed as binding upon the
Mortgagors and the heirs,deviseesjai1~'n.~~~o6f>saidMortgagors.
PROVIDED,however,that in the event the Mortgagors shall by sale or by operation of the law'
other than by inheritance,cause or allow the title to the aforesaid premises hereinbefore described to
become vested in any person or persons other than the Mortgagors the entire balance due hereunder,
shall,without demand,at the option of the Mortgagee,its successors or assigns,become due and pay-
able forthwith.
WITNESS the due execution hereof the day and year,first above written.
I'I
'Attest:
--,.,.~_.....-_-I.(,{Seal)
Susan E.Vogel
BLUE STAR,POTATO CHIP CORPORATION
,(Seal)R.P.GoodwJ.n,Trustees unaer the
"Blue Star Pension Plan 'and Trust
Agreement"
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~cm
ALLEGHENY
On thisl the
~,ss:'
day of ':i$6x 1970
,
l .
before mel the undersigned officerl perso~ally appeared REGIS C.VOGEL,.,"
,,'JR.-and SUSAN E.VOGEL,his wife,and REGIS C.VOGEL,JR.and R.P.,
GOODWIN,two of the Trustees under the "Blue Star Pension Plan,and ~
,Trust Agreement"l
known to me (or satisfactorily proven)to be the,person(s)whose
I 'name(s)~}c (are)subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein,
contained"
In Witnes~Whereof;I hereunto set my hand and official
seal"
My Commission Expires:'
***
STATE OF FLORIDA
COUNTY OF
.On thisI the
ss:
day of JIY&'1970
b~fpre mel the undersigned officerl personally appeared REGIS C.VOGEL,'
a/k/a REGIS C.VOGEL,SR.,and HELEN R.VOGEL,his Wife,individually"
and REGIS C.VOGEL,a/k/a REGIS C.VOGEL,SR.,one of the Trustees under,
the "Blue Star Pension Plan and Trust Agreement",
known to me (or satisfactorily proven)to be the person(s)whose
name(s)~(are)subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein
contained".
In Witness Whereof l I hereunto set rnyhand and official
seal"
....
My Commission Expires:
.:...--.
COMMONWEALTH OF PENNSYLVANIA !ALLEGHENY JCOUNTYOF~.
On this,the
88:
day of ~1970
before me the undersigned officer,p~rsonally appeared
REGIS C.VOGEL,JR.
be the President
who acknowledged himself to
of Blue Star Potato Chip Corporation,
a corporation,and that he,as such officer being authorized to
do so,executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself as
such officer.
In Witness Whereof,I hereunto set my hand and official
seale
My Commission Expires:
....
-~~-------~--------------------
.../
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.:.,,
,..'CHATTEL MORTGAGE SECURITY AGREEMENT
•f'e
,",,'
WITNESS:In consideration of a loan of One Hundred Fifty Thousand---..
.,
I.
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"...
~,.
------and-----------..:no/100ths-----------($150 z000.00)-------Dollars
made by the above named undersigned "Secured party"to the above
named undersigned "Debtor"and to secure the payment of the loan or
loans eVidenced by Debtor's ~»texm~~~~Bond dated the
day of 1970 to Secured party,and
in order to secure any and alt other indeotedness,liabilities or
obligations (all hereinafter called obligations)of Debtor,direct
or contingent,due or to become due,whether now existing or here-
after arising,and whether with any other person or not,to Secured
pirty,togethei with all costs and expenses incurred by Secured
Party in the collection of the same,and any advances which may be
.made by Secured party for the payment of any taxes,tevies,assess-
ments,insurance on,and repairs to,or maintenance or storage o~,
the goods hereafter described,and any and all other out-of-pocket
expenses of Secured party in connection with this Agreement or with
the goods,including,but not limited to the cost of repair,if any,
to realty or other goods to which the goods are affixed and/or
expenses in connection with any security therefor,does hereby mortgage
to Secured party and grant to Secured party a security interest in
all of the goods listed and described hereafter,together with all
replacements thereof and all attachments,accessories and equipment
now,or hereafter,attached,added or affixed thereto.
Until there shall be a default in the payment of any of the
obligations secured,or in the due observance or performance of any
of the agreements or warranties hereof,the Debtor shall be entitled
to possess'and use the goods.
AGREEMENTS.1.Debtor warrants that Debtor has,or,if this creates
a purchase money security interest,will within ten days acquire,
an unencumbered title to the goods,and'agrees to keep them free of
all other liens whatsoever,.and that Debtor will not sell,otherwise
dispose of,encumber,or create any other security interest 1n them
·~without the prior written consent of Secured par~y.
..'.
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2.Debtor agrees that:(a)without tr.e priorwrit~enconsent
of Secured party,Debtor will not affix the goods or permit the goods
to be affixed to real estate or to any other goods;(b)Debtor will
be responsible for any loss of,or damage to,the,goods wh~~~oever,
and will maintain and keep the same in good repair and condition,
in default of which Secured party may,at Secured party's option,
maintain and repair the goods and add the cost thereof to the obliga-
tions secured,and Debto~will forthwith,upon demand,reimburse
Secured party for the CO;,it of any such maintenance o~..:::-epairs;
(c)Debtor will keep the goods,and the interest of Secured par~y
therein,fully insured in companies acceptable to Secured party,
to the satisfaction of Secured party,against loss or damage by
fire,theft and such other risks as Secured party shall require,
and,in the event said goods shall at any time not be fully insure4
as .provided~Secured party,at Secured party's option,may cause the
same to be so insu~ed and add the cost thereof to the obligations
secured,and Debtor will forthwith,upon demand,reimburse Secured
party for the cost of any such insurance paid for by Secured party;
and Debtor hereby assigns to Secured party any returnee or unearne~
premiums which may be due upon cancellation of any policies of
insurance on the goods by reason of repossession of thG goods or
otherwise,and directs the insurers to pay Secured ?~rty any amounts
so due,and Secured party is hereby appointed attorney-in-fact for
the Debtor to endorse any draft or check which may be payable to
Debtor on account of such returned or un63rned premiums or on account
of the proceeds of such insurance;(d)Debtor will pay all costs
of filing any financing,continuation or terminativ~statements
with respect to this 'Agreement;(e)Debtor will not,without the
prior written consent of Secured party,move the goods from the
county in which they are hereinafter stated to be located,and will
promptly notify Secured party upon any change in Debtor's residence
or any of Debtor's places of business;(f)if any of the goods is a .
motor vehicle Debtor will deposit with Secured party any certificate'
of title issuable under the Motor Vehicle Code or any other law,and
will execute and deliver any application or request necessary to
,have noted an encumbrance on the certificate or title.
DEFAULTS.The occurrence of any of the following described
events,each of which will constitute a default,will entitle
Secured party,at Secured party's option,to accolerate without
notice or demand:the final maturity of allot the obligations
secured:
a.The non-payment when the same shall be due,ot any instalment
or other.payment on 'account of the 'principal or interest or any
obligation secured hereby;
b.The breach or any warranty or agreement herein contained;
c.The death or any individual Debtor,or,it Debtor is a
partnership,the death ot a partner;
.#0
d.The default by Debtor under the terms ot:any lease or,'or
'mortgage 00,the premi~es,upon which the goods may be l~cated;
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eo Any ass1gnmo:',~for the benefit of the craditors of,or the
commencement of auY bankruptcy,receivership,reorg3nization,in-
solvency or liquidation proceedings by or against,tho Deb~or;
f.The determination by Secured party at any timo that Secured
party is inadequately ~ocurcd hereby with rospect to any of the
obligations;
g.The creation of any other lien or the 1s~uance of any attach-'.~
ment against the property of,or,the entry of Judgment against,
Debtor.
In the event of default Debtor,at Debtorls own expense,will,
at the request of Secured party,assemble all the goods at a , .
convenient place acceptable to Secured party where the goods ,may,\
at Secured party's option,remain pending sale or other disposition
thereof,and in addition to any other rights or remedies herein
provided Secured party shall have all of the rights and remedies
provided by law,and no failure on the part of Secured party to
enforce promptly,any of Secured party's rights shall be deemed a
waiver of such rights or of any default.
As used herein,"DebtorII,if there be more than one l shall
mean lIa ll of the Debtors and each or any of them"l and in such case
they are Jointly and severally bound hereby.
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Debtor warrants and agrees that:(check whichever is applicable).
(1)The goods are ( )consumer goods;(x)equipment;(x)inventory;".-
( )farm products;as defined in the uniform Commercial Code (pa.),
and will not be used for any purpose other than that indicated.
(2)Debtor's residence,or,if the Debtor is a corporation,
the location of its principal office is as stated above
County,pa.----------------------------
(3)If the goods are equipment or inventory,all of the Debtor's
places of bus iness are as follows:Cecil Township,Washington County:,·.-Pennsylvania
(4)If any of the goods is farm equipment,the original·purchasepriceofsucheqUipmentis$_
(5)The proceeds of any obligation secured ( )will (x)will not
be used to pay all or any part of the purchase price of the goods,
and if so used,Debtor will incur no other obligations whatever in
,connection with the goods.
Some of
(6)/The goods (x)are ( )are not presently affixed ~o realty
and the goods (x)will ( )will not be ~ffixed to realty hereafter.'
If it is indicated herein that the goods will be affixed to realty,
Secured party hereby consents thereto and the realty to which they
will be affiXed is described as follows:The premises "are describeq..
in.mortgage of even date herewith from "Debtor"to "Secured Party"
accompanying'the aforesaid bond and to be.recorded.
",
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(7)To the extent that any of the goods are crops,the land on~
which the crops are groWing,or are to be grown~is described as'
tollows:
\'
(8)The goods which are,or will immediately be,located at
Cecil Township.Washington County,Pennsylvania
I~ll:lI:~lIlxXXXXXX~:NCloxXXx~~.oo<xx~kti~..1
The.goods are listed on Exhibit "At!hereto attached and
________-----~~~'are described as 1"ollo\'/S:.
incorporated by.reference herein.
If the goods are inventory or farm products,the security 1n-
,terest hereby given to Secured party also covers any proceeds (cash
and non-cash)including chattel paper of the sale,exchange or
other disposition of the goods,and the products of the goods in
whatsoever form they may be.
If the goods are farm p:~oducts"the securlty interest herein
given to Secured party covers any after-acquired goods of the
general types above described,and Debtor may harvest"process"
store and use the goods in any lawful manner not inconsls~ent with
••this agreement"and may alsO sell the goods in the orci~~1G.:-Y course
01"DebtorS business"free of Secured party's security inta:-est but
shall pay all proceeds of all such sales to secured ?a~ty,and,
-4-
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until default may also use and consume any hay,grain,food,'forage.
fodder or crops covered hereby in preserving and preparing for
market any live stock or poultry covered by this a~cement.
WITNESS the due execution hereof this day ot
•·19~7Q.----------
:"Attestz
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Attest:
j Secretary
l'
·Attest:
BLUE STAR POTATO CHIP CORPORATIO~..
...
R.P.Goodwin,Trustees
under the "Blue Star Pension
Plan and Trust Agreement"
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List of Fixtures,Machinery,Equipment and Inventory of Blue Star Potato",.
Chip Corporation attached to~and made part ofChattel Mort'gage S~cur.ity ~~erren
between Regis C.Vogel et ux.et ale and Slovenian Savings ana Loan .
Association of Canonsburg,Pennsylvania,dated the day of
1970.
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Adding machine
Typewriter
Air conditioner
Furniture
Drapes
Carpet
Disposal system
Fire extinguisher
Tape machine
Sealer
Conveyor
Steam jenny
Filter
Pump
Floor cleaner
Machinery
Belting clipper
.Racks
Bins
Clock,
Conveyor
Packaging material
Fire equipment
Cooker parts
Floor cleaner
Bag master
Salter
Flavorer
Packer
Cooker parts
Slicer
Steam jenny
Machinery (Wright)
Scale
Generator
,.
Remote control unit'
Conveyer'
Packaging machine
Packaging machine
Packaging machine
Miscell.-Urschel
Oil flow equipment
Chip sizer &conveyor
Packager -Mira Pak
Conveyor -Smalley
Fork lift ,-Pittsburgh lift truck
Air comp.-Kruman
Bulk bins -Pittsburgh Box
Pump -Harris
Conveyor -Smalley
Packager -Mira Pak
Potato chip machine Macbeth
Auto truck -Yale-Town
Truck dockboard
Weighing machine
.Bins
Racks
Racks
Cryodry
Computer
Miscellaneous stock of·packaging
and labeling materials '
Miscellaneous inventory of 'raw
materials for processing
Miscellaneous inventory of
"merchandise and food products
processed or purchased by
Blue Star Potato Chip
Corporation and held for
sale
"
FINANCING STATEMENT
This Financing Statement is presented to a filing officer for filing
pursuant to the Uniform Commercial Code.
DEBTORS~NAMES
Regis C.Vogel,a/k/a Regis C.
Vogel,Sr.and Helen R.Vogel,
his wife,Regis C.Vogel,Jr.
and Susan E.Vogel,his wife,
Blue Star Potato Chip Corporation,
a Pennsylvania corporation,and
Regis C.Vogel,a/k/a Regis C.
Vogel,Sr.,Regis C.Vogel,Jr.
and R.P.Goodwin,Trustees
under the "Blue Star Pension Plan
and Trust Agreement."
SECURED PARTY'S NAME
DEBTORS'ADDRESS
c/o Blue Star Potato Chip
Corporation,Box 65
Houston,Pac 15342
SECURED PARTY'S ADDRESS
107 Latimer Avenue
Strabane,Pac 15363
'Slovenian Savings and Loan
Association of Canonsburg,
Pennsylvania
This Financing Statement covers the following types (or items)of
property:.
The items of property are listed.on Exhibit "A"hereto attached.
All of the above property is located in Cecil Township,'
Washington County,Pennsylvania
Regis
(Seal)
C.Vogel,a!k!a
(Seal)
Regis C.Vogel,Sr.
(Seal)
Helen R.Vogel
(Seal)
Regis C.Vogel,Jr.
\.(Seal)
Susan E.Vogel
BLUE STAR POTATO CHIP CORPORATION
By
President
Attest:
Secretary
'(Seal)
Regis C.Vogel,a!k!a
(Seal)
Regis C.Vogel,Sr.
(Seal)
Regis c.Vogel,Jr.
(Seal)
'r R.P.'Go o.dlwi n,Trustees
under the "Blue Star Pension
Plan and Trust Agreement"
DEBTORS
SLOVENIAN SAVINGS AND LOAN
ASSOCIATION OF CANONSBURG,
PENNSYLVANIA
By_--;=;--_-=--_
Secretary
SECURED PARTY
",.,."
EXHIBIT fIAfl.
.'
List of Fixtures,Machinery,Equipment and Inventory of Blue Star Potato
Chip Corporation attached to,and made part of Financing Statem~nt .~
between Regis C.Vogel et ux.et ale and Slovenian Savings and Loan
Association of Canonsburg,Pennsylvania,dated the day of1970.
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Adding machine
Typewriter
Air conditioner
Furniture
Drapes
Carpet
Disposal system
Fire extinguisher
Tape machine
.Sealer
Conveyor
Steam jenny
Filter
Pump
Floor cleaner
Machinery
Belting clipper
.Racks·
,Bins
Clock
Conveyor
Packaging material
Fire equipment
Cooker parts
Floor cleaner
Bag master
.Salter
Flavorer
Packer
Cooker parts
Slicer
Steam jenny
Machinery (Wright)
Scale
Generator
.!~
..
Remote control unit
Conveyer
Packaging machine
Packaging machine
Packaging machine
Miscell.-Urschel
Oil flow equipment
Chip sizer &conveyor
Packager -Mira Pak
Conveyor -Smalley
Fork lift -Pittsburgh lift truck
AIr.compo -Kruman
Bulk bins -Pittsburgh Box
Pump -Harris
Conveyor -Smalley
Packager -Mira Pak
Potato chip machine-Macbeth
Auto truck -Yale-Town
Truck dockboard
Weighing machine.Bins
Racks
Racks
Cryodry
Computer
Miscellaneous stock of packaging
and labeling materials
Miscellaneous inventory of 'raw
materials for processing
Miscellaneous inventory of
merchandise and food products··
processed or purchased by
Blue Star Potato Chip
Corporation and held for
sale
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Regis C.Vogel,etal.
ASSIGNMENT OF SAVINGS ACtOUNT AS
ADDITIONAL COLLATfRAL FOR MORTGAOE LOAN
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MORTGAGE OF:
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(hereinaft'er called the "undersigned",Assignor(a».'".\:::.~~;:';:i
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SLOVENIAN SAVINGS AND LOAN ASSOCIA'rION 011'OANONS~URQ,PENNSYLVANIA,",:',:':i.':
(hereinafter sometimes called the "Association",)Assignee .'";',.,:;,1\.."'?:;':,::;:
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In the event that said loan has not'~een paid 1n full by the r
undersigned within thirty (30)days from the date of said letter,
then in such case the assignment hereinabove made shall become
absolute in the "Association"and it may apply same to the payment
in full or ln part of sald loan.
When the total of the unpaid principal,interest and all other
s~s secured by the mQrtgage above referred to is reduced to
$,the "Association will have its appraisers make an
appraisal of the aforesa1d real eBt~te,at the expense of the under-
"ignedj and,if the total of the unpaid prinoipal,intereat and all
other sums secured by the mortgage above referred to does not excee~%of the then fair market value of said real estate,as...a-e....€-e-rm-..I....n....e....a by said appraisers,the "Association"will release the
aforesaid account of the undersigned ln full from the operation of
this a~6ignment.
WITNESS the due exeoution hereof the day of _
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Attest:
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----,.5"::"'::~~~~~~-_.....:-(SEAL)Regis c.Vogel,Sr.
~T:::;""~.,.,--,r.:-"::'::""i-----(SEAL)Helen R.Vogel
Ma1l1ng,Addres8 of AS81gnor(8)s ,
c/o Blue Stab Potato Chip
\;Corporation,
P.b.Box 65
:Houston,Pa .
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LlJ/J,J)//#t;-ro#
ss:
·{
Personally appeared before me,the undersigned authcrity,
Regis C.Vogel,a/k/a Regis C.Vogel,Sr.,one of the Trustees
under the "Blue Star Pension Plan and Trust Agreement,"and one of
the petitioners,who being duly sworn according to law,deposes and
says that the facts set forth in the foregoing Petition are true and
correct to the best of his knowledge,information and belief.
Sworn to and
subscribed before me
this /~£tday of
Febru~ry,1970
"~~t9tJ;'A :f-eLrvNotary'ptb iC ~
.(
"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
ss:
Personally appeared before me,the undersigned authority,
Regis C.Vogel,Jr.,one of the Trustees under the "Blue Star
Pension Plan and Trust Agreement,"and one of the petitioners,who
being duly sworn according to law,deposes and says that the facts
set forth in the foregoing Petition are true and correct to the best
of his knowledge,information and belief.
Sworn to and
subscribed before me
this 7'!'day of
February,1970
Mrs.Mary P.Zeman,Notary Public
Canonsburg,Washington County,Pa.
My Commission Expires
June 26,1971
,.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Ade~/iej,J 'I ss:
.(
Personally appeared before me,the undersigned authority
R.P.Goodwin,one of the Trustees under the "Blue Star Pensio~
Plan and Trust Agreement,"and one of the petitioners,who beir..g
duly sworn according to law,deposes and says that the facts set
forth in the foregoing Petition are true and correct to the best of
his knowledge,information and belief.
Sworn to and
subscribed before me
this /.J day of
February,1970
j!7 Notary PUb~iC
F~I;'I i'REiS,t:01;\RY Pl,3LlC
~ITTS}U~G:J,AI.LEG:leiY COUN1Y
MY CO;";':15S10:1 miRES SEP1EMBER 1.B,\911
·',•r
JOINDER
AND NOW,on the dates set at the side of our respective
names,the undersigned individuals,having read the foregoing
petition of the Trustees of said "Blue Star Pension Plan and Trt:st
Agreement"join in the prayer thereof.
fe0 ((vAA..'1 1,(q 10
fe~'R-.J f4 R:V (b,(970
.{te'O'Rv14 {tt {lol ,f(70
..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISIO~
In re:
PETITION OF
REGIS C.VOGEL,a/k/a
REGIS C.VOGEL,SR~,
REGIS C.VOGEL,JR.and
R.P.GOODWIN,TRUSTEES
UNDER THE "BLUE STAR
PENSION PLAN AND TRUST
AGREEMENT"
)
)
)No.
)
)
)
)
)
)
ORDER OF COURT
AND NOW,this ~/O day of February,1970,the within
petition of Regis C.Vogel,a/k/a Regis C.Vogel,Sr.,Regis C.
Vogel,Jr.and R.P.Goodwin,Trustees under the "Blue Star
Pension Plan and Trust Agreement"having been presented,and it
appearing therefrom that said Trustees seek the approval of the
Cour~to obtain a loan from,and give a mortgage upon,certain
real estate located in Chartiers and Cecil Townships in Washington
County,Pennsylvania and upon certain chattel property,to Slovenian
Savings and Loan Association of Canonsburg,Pennsylvania,in the
amount of $150,000.00 for the purposes set forth in said petition,
and it appearing that said petition further sets forth the proposed.
distribution of the proceeds of said loan and has annexed thereto
copies of various documents,which shall be given to secure said loan
and,it further appearing that there may be unascertained persons and
also persons who have not joined in said petition who might,or :ould,
be interested in said loan,and the security given and the disposition
of the proceeds thereof,and it further appearing from the averments
of the petition that the proposed mortgage loan and the proposed
disposition of the proceeds may be to the interest and advantage of all
parties in interest and may be without prejudice to any trust,charity
or purpose for which the real estate and other property proposed to
be mortgaged is held and may be without the violation of any law.
which may confer an immunity or exemption from sale or alienation,
NOW,THEREFORE,upon motion of Zeman and Zeman,Attor~eys
for the petitioners,it is hereby Ordered and Decreed that:
1.
be,and hereby
.~~~../--r-7
is,appointed as Trustee ad litem
~.
to J
represent any presently unascertained persons who might,
or could,be interested in said trust and the matters here-
inabove recited,and that notice of the hearing hereinafter
mentioned be given to said Trustee ad litem by personal
service upon him within ...(;;.C!())days of the date
7
for hearing hereinafter stated,by handing to him a con-
m.E.S.T.in the Orphans'
2•_-L-~.z--~--,F--'the
1970,at /t1,~0'cl ck
t
formed copy of said petition and this Order of Court.
3(J~day of March,
Court Room at the Court House at Washington,Pennsylvania
be,and hereby is,made the time and place for a hearing
of the matters set forth in said petition.
3.Notice of said hearing be given to any perscns
presently known to be interested in said trust and the
matters herein referred to,who have not joined in the
prayer of said petition,by a citation to be issued out
of this Court and served on all such persons within
~0(7)days of the date of said hearing,unless~J
said persons have prior thereto filed their consent in
writing to the prayer of said petition.
4.Notice of said hearing shall be given to all
other persons interested in the "Blue Star Pension Plan
and Trust Agreement"by an advertisement placed in the
-2-
•~,
Washington County Reports and in a newspaper of general
circulation in the County of Washington once per week for
~~)successive ,.,reeks advertise-
7
ment to appear not less than days prior
to said hearing date},which said shall be
sufficient,if it set forth the fact that the petitioners
have presented a petition to this Court setting forth that
they seek this Court's approval to give a mortgage upon
certain premises situate partly in Chartiers Township and
partly in Cecil Township,Washington County,Pennsylvania
and certain chattel property,_and that the terms of said
mortgage and the documents to be executed,acknowledged
and delivered in connection therewith and the disposition
of the proceeds thereof may be had by reference to said
petition at the within number and term and shall set forth
the date,time and PlaC~~~ngand that all such
persons may appear and ~ljEc~t~eFe~~,should they,or any
of them,so desire.
BY THE COURT
-3-
•
...
)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
In re:
PETITION OF
REGIS C.VOGEL,a/k/a
REGIS C.VOGEL,SR.,
REGIS C.VOGEL,JR.and
R.P.GOODWIN,TRUSTEES
UNDER THE "BLUE STAR
PENSION PLAN AND TRUST
AG;:tEEMENT"
)
)
)No.190 of 1970
)
)
)
)
)
)
ACCEPTANCE OF SERVICE
AND NOW,March //~1970,service of "Petition To
Mortgage Real Estate Under the Revised Price Act,"dated February
7,1970 and Order of Court dated February 20,1970 in the captioned
matter are accepted and receipt of a conformed copy of the same
is hereby acknowledged.
_.-.__._-_._--------------------,
".
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
In re:
PETITION OF
REGIS C.VOGEL,a/k/a
REGIS C.VOGEL,SR.,
REGIS C.VOGEL,JR.and
R.P.GOODWIN,TRUSTEES
UNDER THE "BLUE STAR
PENSION PLAN AND TRUST
AGREEMENT"
cor~ONWEALTH OF PENNSYLVANIA
COUNTY OF
JOINDER
No.190 of 1970
ss:
Personally appeared before me,the undersigned authority,
ANTHONY RAGO of Sunridge Drive,Bridgeville,Pennsylvania,who,
being duly sworn according to law,deposes and says that the follow-
ing facts are true and correct:
A copy of the "Petition to Mortgage Real Estate Under The
Revised Price Act,"dated February 7,1970 and the Order of Court
attached thereto,dated February 20,1970 in the above-captioned
proceedings were presented to the undersigned deponent on March /~
1970 and the contents thereof explained to him.The undersigned
deponent has read the said Petition,the Exhibits thereunto attached
and the Order of Court thereunto annexed and hereby joins in ~he
prayer of said Petition.
AND further,the deponent saith not.
S''1orn to and
\subscribed before me
this It tit day of March,1970
~~-/~"'Notar'YPlic
My Commission Expires:.r_."..j't'.~:r~':::t,::~~<UI Publio
Gancr.;burg,\'!:lshl:r'J~on CountYI P.l"
My t£;)~.~h·on Expiresr'-.'"""v C,f /'?J /
IN THE COURT OF CO~~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
In re:
PETITION OF
REGIS C.VOGEL,a/k/a
REGIS C.VOGEL,SR.,
REGIS C.VOGEL,JR.and
R.P.GOODWIN,TRUSTEES
UNDER THE "BLUE STAR
PENSION PLAN AND TRUST
AGREEMENT"
COMMO~vEALTH OF PENNSYLVANIA
COUNTY OF
}
}
}
}No.190 of 1970
}
}
}
}
}
JOINDER
ss:
Personally appeared before me,the undersigned authority,
'\FRANK GOMEZ of 1280 Summerlea Avenue,Washington,Pennsylvania,
who,being duly sworn according to law,deposes and says that the
follo~ing facts are true and correct:
A copy of the "Petition To Mortgage Real Estate Under The
Revised Price Act,"dated February 7,1970 and the Order of Court
attached thereto,dated February 20,1970 in the above-captioned
proceedings were presented to the undersigned deponent on March /~,
1970 and the contents thereof explained to him.The undersigned
deponent has read the said Petition,the Exhibits thereunto
attached and the Order of Court thereunto annexed and hereby joins
in the prayer of said Petition.
AND further,the deponent saith not.
~d~~
Sworn to and
subscribed before me
this It a day of March,1970
~·~ut:~
My Commission Expires:
Mrs.Mary p,Zeman,Notary Public
Canonsburg,Washington County,Pa.r.~y pm.mif.j~n Expires.·····.t.;JlC /'1 7/
I
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVA~IA
ORPHANS'COURT DIVISION
In re:
PETITION OF
REGIS C.VOGEL,a/k/a
REGIS C.VOGEL,SR.,
REGIS C.VOGEL,JR.,and
R.P.GOODWIN,TRUSTEES
UNDER THE "BLUE STAR
PENSION PLAN AND TRUST
AGREEMENT"
)
)
)
)No.190 of 1970
)
)
)
)
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DECREE OF COURT
AND NOW,March 30,1970,after a hearing held in Open
Court regarding the matters set forth in the Petition to Mortgage
Real Estate Under the Revised Price Act of Regis C.Vogel et al.,
Trustees under the "Blue Star Pension Plan and Trust Agreement"
dated February 7,1970 and filed at the above number and term,it
appearing that a copy of said Petition and the Order of this Court
dated February 20,1970 were served on George Anthou,Esquire,
Trustee ad litem on March 11,1970,and it further appea~ing ~h3t
Anthony Rago and Frank Gomez have executed joinders in said Petition,
which joinders have been filed at the above number and term,and it
further appearing that notice of said hearing has been given to all
other persons interested in the "Blue Star Pension Plan and Trust
Agreement"by advertisements placed in the Washington County Reports
and in the "Observer-Reporter"(a newspaper of general circulation
in the County of Washington)once a week for three successive weeks and
that the last advertisement appeared more than five days prior to March
30,1970,which said advertisements contain the sufficient and
./required information,all of which more fully appears in the proofs
of publication offered in evidence at the said hearing,and it
further appearing that an announcement was made in Open Court,
during the course of said hearing,which stated the nature of said
proceedings and afforded any person or persons an opportunity to
be heard thereon;and it further appearing that no person asked
to be heard and that no objections were offered either prior to,
or during,said hearing;
And it further appearing that it will be to the inte~est
and advantage of the "Blue Star Pension Plan and Trust Agreeme~t,"
as well as to the interest and advantage of the cestuis que trustent
thereunder and all other parties in interest thereunder that the
prayers of said Petition to Mortgage Real Estate Under the Revised
Price Act be approved and granted,and it further appearing that
the same may be done without injury or prejudice to any trust,
charity or purpose for which the properties,real and personal,
referred to in said Petition,are held and without the violatijn
of any law which may confer immunity or exemption from sale or
alienation;
NOW,THEREFORE,Upon motion of Zeman and Zeman,atto~neys
for the Petitioners,it is Ordered and Decreed that the several
prayers in said Petition be,and the same are hereby granted and
approved.
It is further Ordered and Decreed that Regis C.Vogel,
a/k/a Regis C.Vogel,Sr.,Regis C.Vogel,Jr.and R.P.Goodwin,
Trustees Under the "Blue Star Pension Plan and Trust AgreementfT be,
and hereby are authorized to execute,acknowledge and deliver unto
Slovenian Savings and Loan Association of Canonsburg,Pennsylvania,
a bond,mortgage,chattel mortgage security agreement with
financing statements and all other documents required by the Lender,
-;a-
specifically including,but not limited to,the applicable "Truth
in Lending"documents and subordination of any leasehold interest
to said mortgage,in order to secure a loan in the amount of
$150,000.00,repayable with interest at the rate of 7%per annum
plus a 1%premium charge,in monthly installments of $1623.68
(which includes principal,interest and premium),commencing on the
first day of the month following the delivery and recording of said
instruments evidencing and securing said loan;that the net proceeds
of the loan,after the payment of all costs,expenses and any liens
on the premises and items of property securing the loan (except the
sum of $30,000.00 which is to be deposited with said Lender in a
savings account in the names of Regis C.Vogel,a/k/a Regis C.Vogel,
Sr.and Helen R.Vogel,his wife,which account will be assigned to
said Lender as additional collateral for said mortgage loan)shall
be paid unto Blue Star Potato Chip Corporation to be used for the
purposes of improving the premises hereinafter described and con-
solidating certain obligations of said corporation and providing it
with working capital.
The premises which are the subject'of said mortgage are:
All that certain tract of land situate partially in Cecil
Township and partially in Chartiers Township,Washington County,
Pennsylvania,bounded and described as follows,to wit:
BEGINNING at a white oak tree at the northeastern corner
of the tract at corner of lands formerly of John T.Burnside and
formerly of Thompson Heirs;thence by line of land formerly of said
Thompson Heirs,now of John Ptak,North 80°51?West 1303.7 feet to
a fallen iron-wood on corner of land of Henry W.Fehl,formerly L.M.
and A.Harvison;thence by line of said Henry W.Fehl land,formerly
-3-
Harvison's land,South 22 0 51'West 1385.3 feet toa stake at edge
of road;thence by same South 4 0 40'East 1724 feet to a stone at
the corner of land of Jesse Stenger,formerly Campbell Heirs;thence
by line of land of said Jesse Stenger,formerly Campbell Heirs,
South 690 33'East 900 feet to a stake;thence by lands of same and
of Dell Weaver and Henry Fehl,formerly John T.Burnside,North
31 0 57'East 646.5 feet to a stake;thence by said Dell Weaver and
Henry Fehl land,formerly Burnside,North 53 0 57'East 441.5 feet to
a stake;thence by same North 270 57'East 1021.5 feet to a stake at
side of road;thence by same North 20 0 03'West 816.5 feet to a white
oak;thence by same North 40 49'West 621 feet to the place of begin-
ning.CONTAINING 116.117 acres,more or less.
THE foregoing description and area content are in accordance
with a survey and plot heretofore made and prepared by Chaney &
Armstrong,Engineers,for John Dickson,dated July,1906,copy of
which is attached to deed of record in Deed Book 1045 page 461 in the
Recorder's Office of said County.
HAVING erected thereon a factory building and other
appurtenant improvements.
TOGETHER with the rights of surface support,the rights in
a water service line and any easements in connection therewith,and
rights in the Brush Run Valley Water Association as the same are
more fully set forth and contained in the deed hereinafter recited.
TOGETHER with and including all proper~y of whatsoever nature
now or hereafter situate upon the above-described premises and used
or intended to be used in connection with the industrial plant or
the other improvements thereon erected.
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BEING part of ~he same premises heretofore conveyed to
Regis C.Vogel et"al.by Charles E.Bradshaw et ux.by deed dated
September 25,1964,of record in Deed'Book 1187 page 207 in the
Recorder's Office of Washington County,Pennsylvania.
UNDER AND SUBJECT to any exceptions,reservations,ease-
ments,grants arid conveyances mentioned,contained or referred to
in the above recited deed and in all other instruments of record.
The items of chattel property covered by said Chattel
Mortgage Security Agreement are as follows:
Adding machine
Typewriter
Air conditioner
Furniture
Drapes
Carpet
Disposal system
Fire extinguisher
Tape machine
Sealer
Conveyor
Steam jenny
Filter
Pump
Floor cleaner
Machinery
Belting clipper
Racks
Bins
Clock
Conveyor
Packaging material
Fire equipment
Cooker parts
Floor cleaner
Bag master
Salter
Flavorer
Packer
Cooker parts
Slicer
Steam jenny
Machinery (Wright)
Scale
Generator
Remote control unit
Conveyor
Packaging machine
Packaging machine
Packaging machine
Miscell.-Urschel
Oil flow equipment
Chip sizer &conveyor
Packager -Mira Pak
Conveyor -Smalley
Fork lift -Pittsburgh lift truck
Air Compo -Kruman
Bulk bins -Pittsburgh Box
Pump -Harris
Conveyor -Smalley
Packager -Mira Pak
Potato chip machine -Macbeth
Auto truck -Yale-Town
Truck dockboard
Weighing machine
Bins
Racks
Racks
Cryodry
Computer
Miscellaneous stock of packaging and
labeling materials
Miscellaneous inventory of raw
materials for processing
Miscellaneous inventory of merchgndise
and food products processed or pur-
chased by Blue Star Potato Chip
Corporation and held for sale
And it is,further,Ordered and Decreed that if for a~y
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reason the said loan be rejected or rescinded by the proposed
mortgagee,Slovenian Savings and Loan Association of Canonsburg,
Pennsylvania,another mortgagee may be substituted in its place
and stead upon the terms and conditions herein stated.
And,it is further Ordered and Decreed that no bond or
other security shall be required of or from said Trustees.
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1Vash~on County Reporis
J
6)26-3
......M.ar.r;;.b.S.l.~l2.7..Q .
......r..e.Qrna.t:y.?.Q .19..7.Q ..
PROOF OF PUBLICATION
Washington,Pennsvlvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}88.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the officilll1 legal periodical for said Washington County,published weekly
having its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
1-----·-
,IN THE COURT OF COMMON PLEAS:OF WASHINGTON COUNTY,PENN-SYLVANIAlORPHANS'COURT DIVISION
I
In re:PETITION OF REGIS C.VO-GEL,a/k/a REGIS C.VOGEL,SR.,.REGIS C.VOGEL.JR.and R.P.,GOODWIN,TRUSTEES UNDER,THE "BLUE STAR PENSION PLAN,AND TRUST AGREEMENT"
No.190 of 1970
TO ALL PERSONS INTERESTED INTHE"BLUE STAR PENSION PLAN ,AND TRUST AGREEMENT"
Notice is hereby given that Regis <;.Vogel,a/k/a Regis C.Vogel,S!.,RegiSC.Vogel,Jr.and R.P.GoodWill,Trus-tees under the "Blue Star PensIOn PlanandTrustAgreement"have presented~petition to the Court of Common Ple.asofWashingtonCounty,Penns.ylvama,Orphans'Court Division,in whICh th~yseeksaidCourt's approva:l of theirIgivingamortgageoncerta~n premlse.s\situate in Chartiers Township and CeCil
\
rownship in Washington County,Penn-sylvania,and certain chattel I?roperty.The amount and terms of said mort-gage the disposition of the proceedsthereofandallothermattersrelating,thereto may be had by reference to thesaidpetitionfiledinsaidCourtattheabovenumberandterm.The Co.urt ha:s
ordered that a hearing upon said petl-'ion be held at the Orphans'Court RoomintheCourtHouseinWashington,
IPennsylvania,on the 30th day of March,1970,at 10:00 o'clock,a.m.,E.S.T.•at,which time you,or any of you,mayIappearandbehe~rd,should you,orthattheaffiantorthecorporationinbehalfofwhichheisactingisnotanyofyou,so deSire.
interested in the subject matter of said notice or advertising ang that all o,f the II REGIS C.VOGEL,a/k/a
allegations of this affidavit as to the»m,e"place and,character,6ffue PUPlidlitiOn~1J REGIS c.VOGEL,SR.
are true.(,/)1/'(({/lk-f/REGIS C.VOGEL,JR.t ,/.,/""'>(f (,?/-;;?-I R.P.GOODWINl>{/j/LCt.<i j,-''§[~rsti>~~s~~~eiol~~e~~lu~rust.................:::,;;;.;;.;;;;~;.,.;"'::.~::~~~~~\~~fi1r~~~;'
Sworn to and subscribed before ~e tllis --_..'-.-II'ZEMAN AND ZEMAN
Attorneys for the Petitioners
Ma 70 Zeman Law Building...!?.t:h day of f.f;.h ,19 ~..Canonsburg,Pa.15317
......~nd&~..~.:.L..t<GLd~.
Notary Public
KATHERINE C.NICHOLAS.Notary PubliC
Wash1noton,Was~ington Co.,Pa.
My-COIT.r.li:sion Expires
November 1,1973
--------------------=-----,j
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIt
ORPHANS'COURT DIVISION
I IN RE:)
)
•PETITION OF )
I e )
REGIS C.VOGEL,a/k/a )
REGIS C.VOGEL,SR.,)
0()
z REGIS C.VOGEL,JR.and )No.190 of 19700(>).J>-R.P.GOODWIN,TRUSTEES )I enz
I z ~ILl~UNDER THE "BLUE STARz )0I-PENSION PLAN AND TRUST )
I
Clz
x )en AGREEMENT 11 )0(:=
HEARING ON PETITION TO MORTGAGE REAL ESTATE
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N BEFORE :
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~APPEARANCES:
I-0::>ou
.J~TIME:ii:
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THE COURT:
ROBERT ZEMAN:
UNDER THE REVISED PRICE ACT
THE HONORABLE P.VINCENT MARINO,Judg3 of
the said Court.
ZEMAN &ZEMAN,ESQS.,of Canonsbur.g,Pennc • ,
representing the Petitioners.
Monday,March 30,1970,at 10:00 o'clock
A.M."EST,.
Mr.Zeman,are you ready with your pIoceecing?
Yes,Your Honor.With the permissio~of
the Court,this is the time and place set for a heari~g on
the Petition of Regis C.Vogel,et all,Trustees under thE
Blue Star Pension Plan and Trust Agreement,Petition being
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to mortgage real estate under the Revised Price Act.The
requirements of the Interlocutory Order of the Court re-
quiring notice and so on have been complied with.~r.
Anthou,who was appointed Trustee Ad Litem to represent
unascertmnffipersons,I notice is not in the Court Reom,
although he was served with a copy of the Petition and Or ere
<',.~I have for presentation to the Court the
~:-:wi.;Proofs of Publication as required by the Order.;the Joindl rs
~i.,~of persons interested in this matter who are listed in thlo>-..,
l:Petition but who have not signed the original have teen
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~filed with the Clerk of this Court.I have in Court this
~morning Mr.Regis C.Vogel,Jr.,who is one of the TTusteE s,
Does the Court wish to hear any testimony?
and also the President of Blue Star Potato Chip Corp~rati n.
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2:THE COURT:Mr.Zeman,with respect to the advertise-
the date of this hearing?
was the same made for three successive weeks and the last
advertisement made within more than five days prior to
ment ordered by the Court in its Interlocutory Order,
If the Court please,I have here Proofs
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~MR.ZEMAN:
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Le of Publication from the Washington County Reports ani
from the Observer-Reporter,showing an advertisement of t is
proceeding and the details required on-February 26,March
5th and March 12th of this year.And I present these matters
in evidence.
THE COURT:The advertise~ent having been made i~
,I..3
accord with statutory requirements and with the Interlocu ory
Order of this Court dated---
i
MR.ZEMAN:
THE COURT:
I think it was February---
February 20th,1970,the same are ordered
filed and made part of the record in this proceeding.Mr.
Zeman,I don't feel that it will be necessary to call
~~witnesses in this matter.Mr.Anthou,who was appointed
>oJ~as Trustee and Guardian Ad Litem,has not made any reportz~~to you contrary to your praye~of the Petition,has he?
zo~MR.ZEMAN:That is correct,Your Honor,he has not.
Court,we will permit you to call the witnesses.
counsel feels should be brought to the attention of the
explanation by witnesses.However,if there are any that
:z:~THE COURT:
~
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":..,MR.ZEMAN:
I know of no matters that would require
In view of the fact that the Court,I
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ou
understand,has another hearing set for this same time,
we would not wish to impose upon the Court's time by call ng
and presenting unnecessary testimony.I don't know whethEr
there is anyone else in the Court Room who is interested n
this matter or not.
the matter of the Petition to Mortgage Real Estate Under
.e
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ii:II.
o THE COURT:We will determine that in a moment.In
the Revised Price Act at Number 190 of 1970 in this Court
which is the Petition of Regis C.Vogel,Sr.and Regis C.
Vogel,Jr.and R.P.Goodwin,Trustees under the Blue Sta
Pension Plan and Trust Agreement,is there anyone in Cour
interested in this proceeding or who desires to comment
h !
on same or to object to the Petition to mortgage real estEte
in this particular instance?Is there anyone in Court
desiring to be heard in this matter?
(NO RESPONSE )
MR.ZEMAN:If the Court pleas~,may I ask this,SinCE
if that should happen.
,no material evaluation of the terms.
Petition.
The mortgage would,of course,be executec
I can see no reason for refusing that req est.
Yes,Your Honor.That is there would be
to the Court and to prepare a proper order of substitutio
However,I would ask counsel to make the situation known
under the same conditions as are set forth in t~e present
this might occur,but in the event it should,prior to
the completion of the mortgage transaction.
we are all here present,that if,for any reason,the pro c -
pective mortgagee should fail,neglect or refuse to accept
the mortgage,that another mortgagee might be substituted~n
its stead,since that would not materially change thE
purpose of the Petition?I have no reason to believE thai
COURT:
THE COURT:
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MR.ZEMAN:rti0:III
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MR.ZEMAN:Yes,we would intend to do so.We wou~d
also ask the Court at this time,since this is a very
closely-knit family matter,if the Co'urt would see fit'
in considering its rUling on this Petition,to waive the
requirements of bond or other security.
THE COURT:As the Court is acquainted with all the
facts in this case,we feel that there is no necessity fo
same and the Court will waive the requirement of bond.
MR.ZEMAN:Thank you,Your Honor,very much.If the
the Court prefer to prepare the order itself?
The Court has already made a decision in
You may prepare a proper order for the Court.matter.
Court will be so kind as to notify me of its decision in is
matter,I will prepare an order if the Court wishes or wo d
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z~THE COURT:
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~MR.ZEMAN:
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Thank you,Your Hono~.
(Proceedings Closed).
I
•e
..:~I hereby certify that the proceedings and evidence are containe
Iii~fully and accurately in the notes taken by me on the hearing of the above
~ug cause,and that this copy is a cOrrect transcript of the same...,
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C't
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::JoU~The foregoing record of the proceedings upon the hearing of th
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uE above cause is hereby approved and directed to be filed.o
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