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Home My WebLink About97-00336 " c:) i.'.: ~.. I t: u l~ I)' .. .-.1 t,.", " , ,,- lfJ, 0' '" t.L,l -' , U: ~ . .. '..' ; , .:"1 .' ,- U ",. r.) [J ~. ~~ [J~ u .... .... '.... +J :.s ,!'i "': I-< ~ ~!~. ~~~ ~IDc 8~i ~ .. \~' \~,", ~ ~- ' .......... . .s ..') , '/-J ~ Q~ - 1Il l 'E .... III .2l l>: ~s ..:~ 1'-0 i ii ~ I'--=> \ "') rv-..~-:::" '] --...::t ~ 1'0" "6';; ~\3<4( I [J 5 H ~ !"-. \~ - '""i " ......... .J '..} .0....) .) ~ ~ '\ J "1 -:--l r--, ~ ~ . . ~ . ~ U) . z I =:I ~ =:I ..J ..J ~ ::l - ~ ~ ~ :! i UJ; ~ - [Il ...J = ~ '" _ ::l I< ~ Z ~ '" c .. ~ '" <l: ::! '" u.; Vl~~~:;; .: z~~~s rJl, jl;. l1i 6 ~ U(fzlr1?z-~ "'-~- z"'x _ = 0 '" - " - J:- ID Q. tL: ~:; ~ ~ :; ~- .,. d z :5 . BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff CORESTATES BANK, N.A., successor by merger to MERIDIAN BANK, Plaintiff IN THE COURT OF COHHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . No. fl- :) .l { j.)p I , (1(,(((. vs. . . STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants CIVIL ACTION - LAW . . CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I appear for the Defendants, Steven A. Failor and Cynthia L. Failor, pursuant to the authority contained in the Promissory Note executed by the Defendants in favor of the Plaintiff, a true and correct copy of which is attached as Exhibit A to the Complaint filed in this action, and confess jUdgment in favor of the Plaintiff and against the Defendants, as follows: Unpaid principal: Interest as of 1/2/97 at CoreStates Bank's National Commercial Rate plus 1.75% per annum ($5.56 per diem): Late Charges: Attorneys' fees of 5%: $20,000.00 1,366.67 75.00 1.000.00 $22,441.67 TOTAL AMOUNT DUE: together with interest from January 2, 1997 forward at CoreStates Bank's National Commercial Rate plus 1.75% ($5.56 per diem), late charges, and costs of this action. BINGAMAN, HESS, COBLENTZ & BELL, P.C. , , ( f ,t, . /.' 1\ ' By: l fl.~';'Y, 1\'" C :h, .' . ~o' Karen Feryo Longenecker, Esquire Attorneys for Plaintiff interest from January 2, 1997 forward at CoreStates Bank's National Commercial Rate plus 1.75% ($5.56 per diem), late charges, and costs of this action. , , , i BINGAMAN, HESS, COBLENTZ & BELL, P.C. ,H /'~':,; By: L(~ \..- "'~'; Iv.,.,. I ~" Karen Feryo Lon enecker, Esquire Attorneys for Plaintiff Promissory Note (Business) S 20,00000 JulV 6, 1994 FOR VAW& RaCEMD, Und..ugMd, lttl.ndln9 10 tI. l';II'V ~11d. plGml'" La P\Nng an """-. 3S NQftI1 SliM...... ReIdlt1g, P.nntyfVMl.. Ut. pMClpaJ ,,,,m 01 ~ 10 th. Old., of LI,nal." 8&011. ("Ban". . P'rlllryt..atlWI butl:l/'l9 ~Ition Twenty Thousand and 00/100 Coli.... payabl. U PfCI'o'CIM o.lOWll, ""'" .m.,.. &Cet\IIng ... th.r..eI Herldl'n SInk'. NltlONl CClITYMrclll Rue. 1./~~ pet' annum unlll patd.Inl....., 11\&I1 be compul..:l 011"" bull at 1tI. aclua.I numtMf of dA)' In 11\1 WInG'" y'" oMcled tJV JaO. rtM ~ tal... frllIrIh e.&lcM.. rlfeNnnd kI Mh., ..."... NalIon&I Comm.matRII..~~R.I. OfAgrtculllMIlComrne~RG.. Und.~ aclnOrllll~" and "P"tthallll """ ~ IIMllallcNllng """* ,..oIlnI..... N. df'llVrWtd lromum.lo time byBaMu tht ~ Convnetc1al,,-.,.'loc.tc:.omm.td.al RaI,'Of 'AgrlCUll.Ull Comm~RaI..' UUI'c.&h rMt tN, and II ~ by'...... ~ rue""'" fftpectIOdlfttm1llnl....,."d\lrgl'dtabonvMtl:;MIN,..of Inl:ttftt ~ NfNnd., INlI chMgl1lmUl&Moull'f and a&.tOmIiIk&lI'fupon anf~6n 1IICh~'*l and l\i9 auch~", fN'j'not bI the~,...""",,a.n.maMt ro.n.la ou.. bomMtoe,,- REPAVMENT TERMS I. lSnIite ~'''''' LMtIIInilIf'llll onUlI unpMI ~.dueand ~ oIlht"'"S*d~wlnlMll."'Md~on z. ~nm."""ThefulllMlt.MInd~in_ Nylon ~ (DImanlI ~ IntMII on the ~ pc1ncIpat. aile and ~.&ll. ~ Md 1nI........ M 1ltId,......., If...... 4. jCIMI ~ IIUwI on .... unpMI pMolpM II due and ~ monthlY ~ Aucult 1. 1994 . The M UIl of th. unpMI pMctDM 1I'CI1nl..."..,. 1M peysbII on dlmand . IW\II rn-v m&M acMncet and,.~ 10 Und~ntd.. UncI~ rMV rtq\I" ;II acc:ansance """'. and ~ to,1he PftMfiIOM 01 &hII Noc.e ancI "'I 0lheI1Ql._._.. documentI 01''''''''' e.taQclln connecdon,...,.,.,.,.. and .....tcI U'lef'etO. and I/J'f UIIMlonI., tnoClll'lcclonl 01''''''''''' lhet.o'Md ~.... pnMdtcl~,lMIltwcrecll.edendtcl It\&II'tOt llIAIdthe~",,",..eel aIloWandlud'lconvNlrrlltl1C maylennln... El&nltl apoon, ...- . Th.f\IIltum ...- . Th.I\A-..mollheYllp&!d s 5.(IrIIIaImenl LoMI ftrtnct". and 1nI.,....,. chHI and ~ In -. ...- -- ............." . One ~ peymenc 01 any I"Im&inlng IIftPItcI pMclp,G and Imltnll iI!fue and ~able en ..- s --.a on "'" .,.... LoanI PtlndpaI '- due Ind ~ In -.- .000flnll~0I' COtIeKUllw :n.ta.Imenn 01 . n... on the UI'IQ&I4 pMctptI . due and p.tpbIe logftMr 'fIIIlCh I/J'f remaining ~ and KClUId 1l'II"". due and ~ Underwtgntd eulhoftz.. laM 10 dWg... ~ KCOUnl' 51~'\.P.tY'IQ tor the IN'r"'*'t 01 pMc:IpW Md/OIInl..... tMteund.,. Undenfgnecllh&ll OWl.... pcyment char;e .....Ihe....., 01 KoI hi ~ MIO&ft at Mf tcheduIed ~ or 1'5.00. 'IfIII--.r ~ 0I....1If1lh amounI dYe 01'1 ~ hie II noc NCINed by 8M, on IUCh UI. UASIUTIES The...,. ~ "'"'" the ~ and InlMMI ~enced by thII NoI:. MCII11."., U&biIIIft 01 ~ to &.nil, ~ hemmdw OI~. ~ now e.-tng 0IhetHr\" lncuncI. tMlnCI 01' IMVNIt&nd, GIr9d 01' ~ join!: Of ......... """"" cr... ~ 01' Kq'*-I by UI/IgMtenC 01' OCMfwIh,InducIin; ... _ and fuh.nw ~ 01' IMI:Mncet, rod I/Y ............... ~ 0I',.,....1heteoI and ~ therwfor,.. amountI ~ by a.n. hMutdw on brehaI 01 ~1Id;" '-Ie chat;M. prINIlMt, '"' and 0ChW -..ch IUIN due undIflhll HateOfolhMlillr, lI......l\ndudIng ~.A...A.."'" F... and eo.a. "~deMec41ncurr1Cl by 81M MIIng '""" 01' fIIIIIed 10 I/J'fhautdovllNlw\UtordanglfaUl ern40l~ condItonIlIl."",... PfOOIdY o.ned 01' oo::uP'ecl by Und..-.I9Md; and II oIBanIt, COItI Md elpet'MC Incund In CGrV\ecUon...ut the MIfo.:....\.... Met coIecdoft 01 !he fatevaIng......lIIlhIlhet 01 nut .. . Jnauted, and '\IIftMtw 01' nut bM~ Of ~ ~ ~ been r.IUId by 01' .... Undltfligned. 1ndudIng, wiIhoul: ImUIIon, reuanebII ,.... and CIC"aI 01 aItorMys. ....... 8IICIOUI'IWIlI, ~ and OUW p..A..dl...... rr,oJo...~.. F... and Calla,. J,J IIl'lOUntI ~ by' 8anlI hetwnd" on lMhd atUndIf'llOt'Mt and.. 0IMf,",- COlla, and elpet'MI Ina.lmd by ... MIl InductecIIn IN lJIDIIIltIM IhIlI be due Ind '*Y&bIe upon demand, tIIIIh IrCttIIII III an annual ree tIlftIdIlhd be rw.o percenl ~ ~ IN ,.. at Int-.. ~ PI'fIrlIl'I ~,rrorn"""'oI~byBMllWdpe/dintlA. COLlATERAl. J,Jeow...lMcNftned1l1l11CU1l1yfcrtheUMilllSer&. The I""" 'Cok...,.Inc:Ndet.......and~PfOP'IftY R d~ Inl/J'fmonv.orOlhetMCUlly'doc&.wMtII......"YntCt.t1d by UlId...~...41n ClCll"INdIotlIllCtlIhe ~ In fwDrol Bantr ("Secany Doc ,_,,,',ft IIIInVllftlctl Undtftllnld h.-gr....1d .1MCUflfy1l'll.....108M.putIUMIlto lNI Nete. ~.... a.n..1IICWltV 1nt....1n.. monieI. MCUn!I.. atld olhw Pf'OP""V 01 Uod.....Jw, ..4 atld lhe prOCMdIltMdcI. t'IlM'tIt hetHtl,,1n the ~ Of' G*adyol, Olin trII'IIlIl to, &.tn.. Of'''''' 01 b"n 01 ~ for ~ COIeCCIOr1, ~ or.", 0Ih..... ___1ncIuctIng. 'MthcM Ifnbdan, IIdIPC*lI ~;enerat or ICl'fda4 tnd cr.db 1'IOW000hlfNftltmaln&ainecl by UndwUgtMd1Wll'l &..IN. Of' ant 01 II....... Of ~ tnd In ant dUN 01 UncIlfSlgned Igaml a.w. Of "'1 01 II.... Of'~ and B&ttIl tMf,. Ita option tnd YIIIIlhcM: nobel, '" off lOrllIWd Ihe,.,.,. 01 Vff ~ In IUCh ordet.. 8M. !MY !f1'l""*".lM baianct 01 hCtl aid'l1CClll.ftl-.t\ and MCft a.im e;ainIt BMlI. 01'''''' 0111I aINlIIl.. or ~ BanI.. cfMf'Mid 10 hale enrducf IUCn right 01 ... off tnd to haoe mMN . chatge againll .", IUCh -s,counc ~"Y upon !he occunnc:e at . o.r.. (. h"",,,,"!f1l1Mcf) IWft lhoughlUCh dwge II mad. tit '"*" on the bOOtr:II ~ by Ianll. aan....w. noIlImIleel to. 1M ...",1ltM anctfronllll'M.IInw,......nottceto: I->> plectge, uDgnOltrliMfwf..NoceOfIMCoIII... tIt.,."poraonlhetlol; ('oJ 1r'ItIIIw inlo.. CJIMt NtM M1tIIIl 0111I lIClftIlMIaI Of' I/J'f pM 0I11'l.CoIIIlillW; let elltfClM"'*'I rIghII on.",CoIIIIletW; ~ tuI contrDI 01 the".... 01 Mf CoIIIl<<aI. DEFAIIL r The 0CCUI"IftCI 01 "" one Of men 01 1M toIIorMng INI~.. ~ by the 0.._-4.(4 lIOB PIV'fI'M 0I1/J'f oIlM UabiWee, Of M'f poI1Ion tt'IeteoI, 'fIhIft ancIln 1M tNIlMfcfw, \fIIfNVtet by . .6..., or ~ (bI ,..... by UncI""'Vned 10 obMlW tit pedomI arfI( cowenn. agreemen(, condIkwI 01' term oIl/J'f ~ documetl tit SecuIly Oocumn..~ Md ~ by ~ InClQl'VlllCGonWlltle/'fol the U&Ill&IdM: {q bNKh by.", 01 Undll'WgMCl aI W"fabllgallon OIt"'lfto a.n.: IdJ""~ Of~In.",1nanctIiI OIoctw...".,.,1CftIduIe., CIdcItI tit 0CMt dOCurftenI d~ 10 BanlI by tit on bMt&I 01 Uncl~ .".. II"lM' to be taM, miIIHdtng tit Incomplele In 11ft""'" fIIPlICt (e) .1ftIIeNI ...... ~ 00N't In h l'ftndaI oonot1an 01 0....._...4 wnIctt II UftaCCI~'al:H 10 8anlt In.. tole dIIcNcIon hm '" cordbllnOlllKt1t"llf CSIedoted 10""" In." II\aMlIl'; " Uillt...4....4.................,.... """VWo ~ ~ III t\M"lI'." Of........ ~ at.,~ II........ or_1O conduc:I opetIIIen&, Of JlftPINIOf'...."......1Ift0l1he...........1I\IIIIII0I recelrwwll ~ foflJn41ft1gMCl or~..,~ pan oIb ptCIOIf1y, tltUnclIl'IIgned comm_.c-lIPfbWllll\lptcyorGthlt...,.. ...undetl/J'f~"'_"'''''''''Of''' -..ch pracwdIng II ..o..~. .,~.4 Ig.... UncllfWgned tit Undw.gned brecorNI inIaMrC, tit """"'''10 ~ 01" ,~W'\&bki to twt III... Of~ In .-.~,_........... at CNdIOfS Of admit In 'MIIlng IlIlMcMncy tit IneI:lilIty or'adute 10 r-t III detltl ~.,., bec:ome due, or falllYIllCt*' :>>Odeyllo pay Of bond or....... diIc:Ntp.", fudgmenltIHch.......,... ~ .,pMI; ~ l.hdenlgned..~ an...... to 1""*'IIl., f'I'IlIOU, 01' d\aIenrgI._..... tor.", ~ Of.,.,,,..,.., *'" 01.., ~'na.oeM In CIOMICIon1lll1.. u--... foL.wtd 01' deCWId 10 be II'MlId by. COU'1 01 compel.,. junldlCtlon; (I).", ptOl)Il1y 01 UndMIlgned ~...1UOted aI 11ft""""" ~ Ifty Of' lien..... ~ ,.,......In... _"Y_:W""-.................."-Io_OI_by""__ll4u....,........_OI__._.._" .,.,.,.,. .", vi.......... lnewwt In."., oIth1' ColIIIlIflll VIIChcUlttMI prior"'"""'....... 0I....1IJ ~...... fumIIh..... Of CIItIIf........ _...".." ~...-.: t"I . "'" '- W"f....1r1 U....~...<:I amc... prtnop.W CMnMI tit"""'" _IN ~..., be, "'*h II un r ,~.. IMlIln.. tote cIIIcndan: '-1 .... '".. '-"* IM.......___ 0111I.......", deernI__1nMcl..ft for M'f '--' ~ 01101 Und...... del.... """' V"f0ClW""""" or ~.....,.... _ ..~~_ ...... .~""'''''-''IM-..eft .,....N'C,.,..........,...the...perb:lpt'OIrI4dedln&lCtl~OI~CIf....".,., REMEDIES Upon the ~ 01. c.f"'" Ban_1f\aI hew no rurther otlII9......1o AIMncI ~ 10 Und...... ~~ l'bI II UabIIieIINII, ..... opC6on" laM, M L . ~~..,..... ~ Ind lei.... tNfII IntdM..... 01_<1<<.... !'OM"""", M'f atld all'IfNGh4.......1o ~Uftlhflhll Nete w!he.....,~ IM....-IM.................. _uNIt.., ~ 1M. ~ 'IIlIlPIouIlln'lltIIlkJn, "" ItgPltl and IMI""" 01. IICUtId PM;',,"","'e Utwfatm CarnmerelM Co4e. UncI..........."............, l1>-_41._' far............... ftOllOl'f'l'4tC or 0Wt0n0t. ~ "",.10....... and III ~ r1OI~ 01 M'f Illnd In connecciOIIMh""~. acc~. del... or 1.IIol(otIf.&tlCoIINlHali..IM"*"r......noIoe... aoOftMllol.ll'len.one.~mocl~OI~.,lMn""'lChtNl'ft>e~. '. ~.xl1iblt)\, l l (, 5 Upon 1M ~ of.", OIl.,. and.... conIInuoInct tMrId, and Uf*' prtof"ln tlOUct to l..Indenignltd bot BAn, lnlotMII .,... eccNe" an ~ ,., ""'*h tl\aI be two PWClfllll'lollbowe 1M '-I, of 1r'II.,.. ~ ~~, N 1M option of ~ lnil"'lIIiINd'lll naI plidMwl....1h&III be...., 10 pMcIp&' "'f of 1M ~ Of tnt poItlon "*"' 0IlIIlng 10 8&rI.. flOf l*d In fl..I .."." 1tW. ...."...,. II .. ~ Md ..-tlCMA nouc.. 'lIIIIlhdI_l'rorIt IIf'I KC0Uf'4 of U~Md ..u. B&t\lI an M'IOUf'IIlIq~ to tuUt ~lk.Ie Mtount &nd 10 apply -..m IfnOunllO th. INY"'*l' of 1M Cl"ll'ef'due u....a... AI "VNI Of rwneoI.. of laM MtIMn Of' oeM,...&tIIIng w. C~. Nfth.,."" If"'" Of ,...,. by Ban, In ..IMC....."'Y of b orpIlON, ~ Of nQhlI '*-'. t'IOf "'f p.Ml.III Of ~t. ..,rc_ lPIttMlIIlN.I C1OnI&Iu. ......oflM nghelo '.~U.IoIIm' Olin( DChtf"&hl" II"tClC1lIf 11IM or !rom 11m. IoI\fM ~tft.,. BanII. ftCItf'tqUlted 10 tftO(I to W"fp&l1la.lIalMCuntyOfPlIlOl"llIO tl"IIorCt ~ IncI BanI.,. ~ 10 "'t rnanNIIIng ~ultt'"entI 01.......,....". UndefI;gned.' mati VWl one. M4 wnong. Of them. CONFlUI:)N OF JUDGMENT UNDERSIONED HEIlEBY IRREVOcABLY oIUTHORlZES AND EMPOWERS IIANI<. BY NN AllTHORlZED OFFICER, EMPlOYEE OR MENT, OR BY ITS ATTORNEY, OR BY THE PROTHONOTARY OR a.EAK OF NN COURT OF RECOAO IN THE COI.WONWEAlTH OF PENNSVlVAlNA OR EUlE1'MERE I'MERE PEIlM/TTED BY lAW, UPON THE oc.'CIIAAENCl: OF A OEFAUlr, ro APPENt FOR AND CONFESS JUOGMEHI' AllAlNST UNDERSIGNED IN FAVOR OF BANK IN NN JURlSOlCTlON IN WHICH UNDERSIGNED OR NN OF ITS PROPERlY IS LOCATED FOR THE AMOUNT OF NN OR AU. OF THE lIAllIunES, TOGETHER \\IDi THE COSTS OF SUIT AND \\IDi ACTIJAI. COlleCTION COSTS,INClUOING ACASONABLE ATTORNEYS' FEES, \\IDi OR \\miOUT OECtAAATION, \\IDi RElEASE OF AU. ERRORS, \\lTHOl/1' STAY OF EXEcunoN AHDTHE RKlHT TO lSS\J& EXECUTION FOATH'MTH, AND FOR 00lNG SO THIS NOTE OR A COPY VEAlAED ay Al'RDAVIT SHAll. BE A SUFFICIENT WAARANr, UNOERSIGNED HEREBY WAIVES N/O AElEASES AU. RElIEF FROM NN AND AUAPPAAlSEMENT, STAY OR EXEMPTlON lAW OF NN STATE NOW IN FORCE OR HEIlE1NAFTER ENACTED, UNDERSXlNEO ACMNO'M.EDGES THAT BY AlJREElNG THAT BANK MAY CONFESS JUDGMENT HEIlEUNOER, IT WAIVES THE RKlHT TO NOTICE IN A FAlOR JUDICtAl. PROCEEOtN<l TO DETERMINE ITS RIGHTS AND UAB/UTlES, N/O UNOEIISlONEO AJATHER ACl<NO'M.EOGES THAT BANK MAY OBTAIN A JUDGMENT AllAINST UNOERSlClNED \\lTHOl/1' UNDERSIGNED'! PRIOR KNO'M.EDGE OR CONsmT AND v.ITHOUT THE OPPORTUNITY TO RAISE NN DEFENSE. SET OFF, COUNTERClAIM OR OTHER ClAIM UNDEnSIONED MAY HAVE. AND UNDERSIGNED EXPRESSlY WAIVES SUCH RKlHTS J!J AN EXPUClT AND MATERIAl PNIr OF THE CONSIOERATION, THE FORE<lQlN(J POWER TO CONFESS JUOOMEHI' MAY BE EXERCISED AlJAlNST UNDERSIGNED AT ONE TIME OR AT DIFFERENT TlIIES J!J BANK ElfCTS UNTIL THE UAlllUllES AIlE FUlLY OlSCHAAaED, MISCEU.ANEOUS The kMIlIIy of q porion of.. Hl:iU .".. nalIlhcI... ~ poUanI, or ""t" IhIfW. Met In IN ~ vi IIf't a.ctl~. Nt Mace IhIII be ~.. -..eft pordDn hid MIl bMft 1nIwt.... Ur...."'.--4. f rnotwlt\M OM. IN JolnUy and .....,.,.., IUN. and '" 1,"" '\Jlll:l..."....r '/IIIhIttwwtt UMd","", MCh of 1M""" Dec:uctng INt Hoe.. AI vi the I~.. ~ of 1M Hal.."."......... bIIn6tg upon 1M""" .~ _.~~.....~._..._M L.1,"""'" w.&eft Md .....oIa.n..,..lJI...~-. ~ ~tIIMw eM IIghelO lnIetpOM Infd""" (oChIf' 1Nn~. MklII 01' 0I:UII..a.im vi Inf n&n 01' ~ In "'t Md" dkpU" bMwMn Unc~ and EIMul, ...,.,WIOW........IIftdet"'1OChef....".,.~.~DIIaUd. UId__....4 ~..... Met cor--. to 1M IbCiuIM juftIcIIcIon vi.,. CourtI 01 Common ...... tot.", ClDUnIY In P...IW,MlILt....... e.n...... M afIQ Md/orlhe l.hIed.... 0IcrtcI Cau'I tar,. a...... DIIMc:t 01' ---tt-"" n."., and.............. 01' piI.l "....... U.o...4,.-4 Mid........ WIIIng""""'ot &nIer..,__..."..,. ar~ IncI ~""'Io"" 01..- br'~ 1M&, ~ __ ~ID ~.... .-..-..... on... fMOfdII 01 1InI... ......INn aneUbdl...4--4. ~---=-upon.",of '*"'.... ear-.....".. upon" cl1hern, MCh.,..,.......1M oIWfII ""* ....._, IIrtM fat... pufPI* 01 ~ ttoMwt. a.. II noI PNCUIed hm bMglng M -=:Ian ~ '"101 Uldo,.._....4In.., ~ In eM Unhd - or........... n VlhIch lJI...."w--4. IWIIf't of,*, ~ IIIoc:Ud. ~ lwtNt.... nallO m&IlIIlIf't oIljtcdon Ww." lI.oIChactiOn Of PIf'O(leItIIIng '*........ II..... or 1M IoNm It .lOOlo__"'4. AI................ ~heteoI...gcMmedtJljwadCllllnlCn.led 1n~..,,1M""*NI1..0I...c..._._ ~vI'...._~'IIIIIhouI rwfrtfwncelOcardc:tol.... ~ AI........ --- Mid oIW ~ ,..... bot Of giwn under...... tNI be In.... .. ... be..,. by"" N NnGI deIwefy, ".. -'1MII1Poup ~.IIt,..... CMIfhSJN" - _..obd..........~, at M ~ Of.... mMnI 01 Mee&ronie......_._... canftrmecI Pf'OInClG't by "'1v11MChOO1 spec&d In..... f'I. "" and (lJJ <<HI weenc.1nd INI be"""ln... ca.t 01 Ubdl...4Iwo....4. f... Ill'" IIIendon vi II JII'OPMIar. g.'WIII '*"* or.".,..1ICUtt4 otIIl;er _IN ~ on lhel'WCOfdl of....... and, In... c-. aI a.n..... to eM ................ 01 1M toInaMowllllMclng Ihe ICIOOldGl U....4-d. IH'MTHESS~. U...4wo....4". nKUted... HoI.Ihe*! MlIV--" abrMwt!en. """"""ERII_-....., """"""ERII_ ft2:~ c;? ~~ SIIY~A Filla, '----I' ,,_ ~o..l'-. -IaUb"K ,? Cynthia '10' c:...,...._ By: TIIIr. .... By: nor. ..- - _.SMl) .....-:\\\~G\c~,L~ \Ca~, , Cf Meridian Bank ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT THE UNDERSIGNED ACKNOWLEDGE(S) AND AGREE(S) THAT THE UNDERSIGNED ARE (IS) EXECUTING AND DEUVERING TO THE BANK A LOAN AGREEMENT. PROMISSORY NOTE, SURETY AGREEMENT OR OTHER LOAN DOCUMENT WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE PURSUANT TO WHICH THE BANK IS AUTHORIZED TO ENTER A JUDGMENT AGAINST THE UNDERSIGNED AND IN FAVOR OFTHE THE BANK UPON THE OCCURRENCE OF AN EVENT OF DEFAULT PURSUANT TO THE TERMS OF SUCH LOAN DDCUMENT. IN CONSIDERATION OF THE WlWNGNESS OF THE BANK TO EXTEND CREDIT AS PROVIDED FOR IN SUCH LOAN DOCUMENT AND ANY RELATED LOAN DOCUMENTS. THE UNDERSIGNED HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY ACKNOWLEDGES. CONSENTS AND AGREES AS FOLLOWS; (a) THE UNDERSIGNED ARE (IS) FULLY AWARE OF THE RIGHTS OF THE UNDERSIGNED TO PRIOR NOTICE AND HEARING ON THE VAUDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE UNDERSIGNED BY THE BANK UNDER THE LOAN DOCUMENTS BEFORE JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OFTHE UNDERSIGNED CAN BE GARNISHED AND ATTACHED; (b) THE UNDERSIGNED ARE ~S) FULLY AWARE THAT BY AUTHORIZING CONFESSION OF JUDGMENT, THE UNDERSIGNED ARE ~S) GIVING UP THE RIGHT OF THE UNDERSIGNED TO ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDGMENT IN FAVOR OF THE BANK AND PRIOR TO GARNISHMENT AND ATTACHMENT OF BANKS ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED; (e) THE UNDERSIGNED ARE ~S) FULLY AWARE THAT A JUDGMENT ENTERED AGAINST THE UNDERSIGNED WILL CONSTITUTE A UEN UPON ANY REAL ESTATE OF THE UNDERSIGNED LOCATED IN THE COUNTY IN WHICH JUDGMENT IS ENTERED AND WILL ENTITLE THE BANK TO IMMEDIATE ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS AND OTHER PERSONAl PROPERTY OF THE UNDERSIGNED WITHOUT PRIOR NOTICE; (d) THE UNDERSIGNED WAlVES(S) THE RIGHTS WHICH THE UNDERSIGNED HAVE (HAS) TO PRIOR NOTICE AND HEARING ON THE VAUDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE UNDERSIGNED BY THE BANK UNDER THE LOAN DOCUMENTS AND AGREES THAT UPON OCCURRENCE OF AN EVENT OF DEFAULT UNDER THE LOAN DOCUMENTS. OR AT ANY TIME THEREAFTER, THE BANK MAY OBTAIN A JUDGMENT AGAINst THE UNDERSIGNED WITHOUT THE UNDERSIGNED'S PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF. COUNTERCLAIM OR OTHER CLAIM WHICH UNDERSIGNED MAY HAVE. AND MAY GARNISH AND ATTACH THE BANK ACCOUNTS AND OTHER ASSETS OF THE UNtlERSIGNED WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING; (e) THE UNDERSIGNED ACKNOWLEDGE(S) THAT THE UNDERSIGNED WILL BE UNABLE TO CHALLENGE THE JUDGMENT IN THE EVENT THAT THE BANK ENTERS THE JUDGMENT. EXCEPT BY PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A PROCEEDING WILL REQUIRE PAYMENT OF ATTORNEYS FEES AND COSTS BY THE UNDERSIGNED; (0 THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THE LOAN FOR WHICH THE UNDERSIGNED HAS BECOME OBUGATED FOR REPAYMENT PURSUANT TO THE LOAN DOCUMENTS HAS BEEN ADVANCED FOR BUSINESS PURPOSES. ~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff CORESTATES BANK, N.A., successor by merger to MERIDIAN BANK, Plaintiff IN THE COURT OF COKHON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA No. vs. STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for CoreStates Bank, N.A., successor by merger to Meridian Bank, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. BINGAMAN, HESS, COBLENTZ & BBLL, P.C. (Ill f11" 1:' ' By l'tl..,~, I, .,.- .""1 J ~~. Karen Feryo Uongenecker, Esquire ~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn square Center 601 Penn street P.O. BoX 61 Reading, PA 19603-0061 (610) 374-8377 CORESTATES BANK, N.A., successor by merger to MERIDIAN BANK, plaintiff vs. STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants Attorney for plaintiff III THB COURT OJ' COHMOII PLBA8 or CUMBBRLAIlD COUNTY, PBNNSYLVANIA . . No. CIVIL ACTION - LAW CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVIC~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS ss. . . Tammy O'Neill Reiter, being duly sworn according to law, deposes and says that she is an officer of the plaintiff herein, and as such states the following: 1. The Defendants, Steven A. Failor and cynthia L. Failor, are not in the military or naval service of the United states or its allies, or otherwise within the provisions of the soldiers' and Sailors' civil Relief Act of 1940, as amended. 2. The Defendants, Steven A. Failor and cynthia L. Failor, are more than 21 years of age and reside at 525 Mt. Rock Road, Newville, cumberland county, pennsylvania 17241. 3. She makes this affidavit with due authority based upon personal investigation. " _/''''1'''./ Ii ! Tammy O~Ne'i11 I 'i /-,..:,. , Reiter Sworn to.~nd subscribed before me this 11,\' day of 0 ..'11 \ ,1997. " . /''1 ..-- ~,' ' ' \ L \ \" ;~\",' "Ii,;. I f< I( ( ,_,,,.\ :( ~',) . ~'(l ,\) ,J Notary _SOL lIIma R I _1IIItIA_PUaIC '-'_CllllIlnIl IIY ClJIIIIl"1QIt lJPIID AU 7,1917 - ,.~- -"~_."'~-""~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff t . i ;<- " CORES TATES BANK, N.A., successor by merger to MERIDIAN BANK, Plaintiff IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA No. vs. STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT AFFIDAVIT OF EARNINGS COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF BERKS Tammy O'Neill Reiter, being duly sworn according to law, deposes and says that she is a duly authorized officer of Core States Bank, N.A., successor by merger to Meridian Bank; that she is authorized to make this affidavit on behalf of CoreStates Bank, N.A.; and that to the best of her knowledge, information and belief the income of the Defendants, Steven A. Failor and Cynthia L. Failor, is in excess of $10,000.00 per year. ( /".. j(',!; .':~,,/ I I A. Tammy O'Neill Reiter ' Loan Administration Officer Sworn to and subscribed before me this Il,\i" day of 'It '" II I , 1997. -1 (I \1\ ,f- II/ ".. I'll . 'i :l_i.l. N~tary PUblic ' ,. :;"1,-\.,' I . "1 ' , 'L' ;,11 i _SIAl ~lllWDOlDtIIRl.lIOllIflllllU' MAIIlIIl.lIIIlIlSlllUIl1'I,... IIYlllIIIIlSS1OII!lIIl1ISlUlY7 1191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Date: , 1997 Mr. steven A. Failor 525 Mt. Rock Road Newville, PA 17241 Re: CoreStates Bank, N.A. successor by merger to Meridian Bank vs. steven A. Failor and Cynthia L. Failor No. Cumberland County Court of Common Pleas Dear Mr. Failor: Corestates Bank, N.A., successor by merger to Meridian Bank, this date has entered judgment by confession against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $22,441.67 together with interest from January 2, 1997 forward at Corestates Bank's National Commercial Rate plus 1.75% ($5.56 per diem), late charges, and costs of this action. This judgment was entered to No. Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed by Corestates Bank, N.A., successor by merger to Meridian Bank, in the subject action: 1. Complaint in Confession of Judgment; 2. Confession of Judgment; 3. Affidavit of Commercial Transaction; 4. Certification of Addresses; 5. Affidavit of Earnings; and 6. Affidavit of Non-Military Service. Office of the Prothonotary Cumberland County Court of Common Pleas By: Deputy Prothonotary GOl.llllt:RG. K^1"I."^N '" SIIIPM^N. P.C. Thom..l. Weber. Eoqolro .1.0. .58853 S14ven B. ORlbb. Eoqulro .1.0.175897 Attorne)', for Defendanl' 320 Market Street P. O. Box 1268 IIxmobu'l. P^ 17108-1268 (717) 234-4161 CORESTATES BANK, N.A., successor by merger to MERIDIAN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 97-336 CIVIL v. CIVIL ACTION - LAW STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants CONFESSION OF JUDGMENT PF.TITION TO STRIKE AND/OR OPF.N JUDGMENT Defendants, Steven A. Failor and Cynthia L. Failor, by their allorneys, Goldberg, Katzman & Shipman, P.C., allege the following in support of this Petition to Strike and/or Open Judgment: I. Defendants, Steven A. Failor and Cynthia L. Failor (the Failors), of 525 Mt. Rock Road, Newville, Cumberland County, Pennsylvania 17241, were served with a Complaint in Confession of Judgment on January 23, 1997. ",.,.- 2. Said Complaint was filed by Plaintiff, CorcStatcs Bank, N.A. (CorcStatcs), succcssor by mcrgcr to Meridian Bank , whose principal officc is locatcd at 1345 Chestnut Street, Philadelphia, PA 19101. 3. CoreStates alleges thatthc Failors are in default on a $20,000 Promissory Notc which is allached to thc Complaint in Confcssion of Judgment as Exhibit "A". 4. Plaintiffs Complaint in Confcssion of Judgmcnt docs not accuratcly indicatc thc amount due on the Promissory Note, as the Failors have bccn making monthly payments out of their checking account number 5123-6009, as indicated by the bank statemcnts, copies of which arc allached hercto as Exhibit "A". 5. Furthermorc, the Failors have bccn making monthly payments on the loan by allowing CoreStates to make direct withdrawals from their checking aecount and, thus, they are not in default under thc loan attached to the Complaint in Confession of Judgment as Exhibit "A". 6. CoreStatcs Bank has not provided the Failors with any documentation regarding the status of this loan in a timely fashion, which would have allowed the Failors to evaluate their debt position, and furthermore would have allowed them to evaluate methods of paying the debt. - 2 - 7. Due to the Plaintifrs assertion of cntitlcmentto an improper amount, they are precluded from recovering any additional interest, pcnaltics or allorncys fees, and any amount of principal still determined to be outstanding. WIIEREFORE,Defcndanls Stcven and Cynthia Failor, demand that thc jUdgment entered by confession be stricken or opcned and that all proceedings on the confession of judgment be stayed in the meantime. GOLDBERG, KATZMAN & SHIPMAN, P.C / :1 ' /.1 -~. /:'; AI Thonlas J. Web r, Esquire Steven E. Grubb, Esquire 320 Market Strcct P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 By: AlIorneys for Defendants DATE: 1/30/17 hd:SEO:OOC2:FAILOR:PTOI.JJ6 - 3 - MERIDIlIN BlINK ... DVPLlCATE ... STEVEN A FAILOR OR CYNTHIA L FAILOR D/B/A FINE LINE RSTR:US 203 SMITH ROAD SHIPPENSBURG PA 17257 CHECKING SUMMARY REGULAR CHECKING 5123-6009 TAX 10 BEGINNING BALANCE 5 DEPOSITS, CREDITS 27 CHECKS, DEBITS ENDING BALANCE CHECKS PAID NUMBER DATE o 06/22 120 07/08 121 07/05 122 07/11 123 07/08 124 07/12 AMOUNT ,1,740.00 1,862.88 700.00 458.94 962.48 490.92 DAILY TRJINSACTIONS DATE TRANSACTION 194503936 2.200.00- 17,600.00 14,804.06 595.94 NUMBER DATE 125 07/08 126 07/12 127 07/11 128 07/11 129 07/13 130 07 /1~ PAGE 2 STATEMENT PERIOD ENDING 07/14/94 17 ENCLOSURES REFERENCE NUMBER 1000S025222 AMOUNT NUMBER DATE AMOUNT 400.00 131 07/08 SOO.OO 1,417.64 132 07/12 4,022.70 275.61 134 . 07 /~4 298.95 214.84 136 . 07/14 95.69 98.28 137 07/13 452.25 162.13 . GAP IN SEQUENCE 1.862.88 962.4B 06/15 BEGINNING BALANCE 06/15 OVERDRAFT ClIARGE 06/15 OVERDRAFT PROTECTION SERVICE CHARGE 06/15 OVERDRAFT PROTECTION FROM SAVINGS 8289247905 06/22 CHECK 1,740.00 06/23 OVERDRAFT CHARGE 06/23 OVERDRAFT PROTECTION SERVICE ClIARGE 06/23 OVERDRAFT PROTECTION FROM SAVINGS 8289247905 07/01 MERIDIAN BlINK 06198250001 NOTE PA'lMT 070194 07/05 CHECK 700.00 07/05 OVERDRAFT ClIARGE 07/05 OVERDRAFT PROTECTION SERVICE ClIARGE 07/05 OVERDRAFT PROTECTION FROM SAVINGS 8289247905 07/06 OVERDRAFT ClIARGE 07/06 OVERDRAFT PROTECTION SERVICE ClIARGE 07/06 OVERDRAFT PROTECTION FROM SAVINGS 8289247905 07/07 DEPOSIT 07/08 CHECKS 500.00 07/08 CHECK 400.00 07/11 CHECKS 458.94 07/11 CHECK 162.13 07/12 CHECKS 4,022.70 07/13 CHECKS 452.25 07/14 CHECKS 298.95 07/14 MONTHLY SERVICE CHARGE 07/14 ENDING BALANCE 275.61 214.84 1,417.64 98.28 95.69 490.92 CHECKS DEBITS 20.00 5.00 1,740.00 20.00 5.00 543.75 700.00 20.00 5.00 20.00 5.00 3,325.36 400.00 949.39 162.13 5,931.26 550.53 394.64 7.00 DEPOSITS CREDITS 25.00 25.00 25.00 25.00 17,500.00 CONTINUED BALANCE 2,200.00- 2,220.00- 2,225.00- 2,200.00- 3,940.00- 3,960.00- 3,965.00- 3,940.00- 4,483.75- 5,183.75- 5,203.75- 5,208.75- 5,183.75- 5,203.75- 5,208.75- 5,183.75- 12,316.25 8,990.89 8,590.89 7,~41.50 7,479.37 1,548.11 997.58 602.94 595.94 595.94 t . I , 'ti MERIDIAN BlINK ... DUPLICATE ... .- STEVEN A FAILOR OR C'lNTIIIA L FAILOR D/B/A FINE LINE RSTRTNS 595 MT ROCK RD CARLISLE PA 17013 DAILY TRANSACTIONS DATE TRJINSACTION 11/22 BALANCE FROM PREVIOUS PAGE 11/22 CHECK 126.00 11/23 CHECKS 646.34 11/25 DEBIT MEMO 11/25 DEBIT MEMO 11/25 DEBIT MEMO 11/25 DEBIT MEMO 11/2 5 CHECKS 11/25 CHECK 11/2 8 CHECltS 11 /2 9 CHECltS 11/2 9 CHECK 11/30 DEPOSIT 11/30 CHECKS 434.36 12/01 MERIDIAN BANK 06198250001 12/01 MERIDIAN BANK 06198250100 12/01 CHECKS 270.50 12/05 CHECKS 1,117.98 12/05 CHECKS 618.58 12/06 CHECK 38.98 12/06 OVERDRAFT CHF.RGE 12/06 OVERDRAFT CHARGE 12/06 OVERDRAFT CHARGE 12/06 OVERDRAFT CHARGE 12/07 CHECKS 116.52 12/07 OVERDRAFr CHARGE 12/08 DEPOSIT 12/08 CHECKS 155.00 12/08 OVERDRAFT CHARGE 12/08 OVERDRAFT CHARGE 12/08 OVERDRAFT CHARGE 12/09 DEPOSIT 12/09 DEPOS IT 12/09 CHECKS 434.36 12/09 OVERDRAFT CHARGE 12/09 OVERDRAFT CHARGE 12/12 OVERDRAFT CHARGE 12/12 OVERDRAFT CHARGE 12/12 OVERDRAFT CHARGE 12/13 CHECKS 700.00 12/13 CHECK 108.00 12/14 DEPOSIT 12/14 CHECKS 50.00 12/14 OVERDRAFT CHARGE 12/14 OVERDRAFT CHARGE 12/14 OVERDRAFT CHARGE 12/14 OVERDRA1'T CHARGE 12/14 12 CHECKS PROCESSED. $.25 EACH 12/14 OVERDRAFT PROTECTION SERVICE ClIARGE 12/14 OVERDRAFT PROTECTION FROM SAVINGS 8289247905 12/14 ENDING BALANCE 398.87 489.21 102.84 490.92 5,850.12 62.78 160.23 138.47 294.26 500.00 60.00 239.90 309.73 NOTE NOTE 188.00 203.00 537.25 PA'lMT 120194 PA'lMT 120194 1,000.00 147.65 113.47 94.20 113.34 755.00 60.03 308.88 144 .29 22.57 PAGE 3 STATEMENT PERIOD ENDING 12/14/94 66 ENCLOSURES REFERENCE NUMBER 10005025222 CHECKS DEBITS 126.00 1,045.21 20,471.39 6,014.92 2,477.66 1,490.84 787.91 102.84 845.18 6,590.02 62.78 744 .09 1,460.84 486.95 458.50 2,320.98 1,303.48 38.98 20.00 20.00 20.00 20.00 324.19 20.00 268.34 20.00 20.00 20.00 1,249.39 20.00 20.00 20.00 20.00 20.00 1,153.17 108.00 72.57 20.00 20.00 20.00 20.00 3.00 5.00 DEPOSITS CREDITS 60.42 486.95 1,460.84 1,000.00 625.00 3.00 CONTINUED . . . BALANCE 44,572.90 44,446.90 43,401.69 22,930.30 16,915.38 14,437.72 12,946.88 12,158.97 12,056.13 11,210.95 4,620.93 4,558.15 '4,618.57 3,874.48 2,413.64 1,926.69 1,468.19 852.79- 2,156.27- 2,195.25- 2,215.25- 2,235.25- 2,255.25- 2,275.25- 2,599.44- 2,619.44- 2',132.49- 2,400.83- 2,420.83- 2,440.83- 2,460.83- 999.99- 0.01 1,249.38- 1,269.38- 1,289.38- 1,309.38- 1,329.38- 1,349.38- 2,502.55- 2,610.55- 1,985.55- 2,058.12- 2,078.12- 2,098.12- 2,118.12- 2,13B.12- 2,141.12- 2,146.12- 2,143.12- 2,143.12- . , . , II MERlDIAN BlINK STEVEN A FAILOR OR CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS 595 MT ROCK RD CARLISLE PA 17013 CHECKING SUMMARY REGULAR CHECKING 5123-6009 TAX 10 BEGINNING BALANCE 10 DEPOSITS, CREDITS 52 CHECKS, DEBITS ENDING BALANCE 194503936 12,595.39 32,379.28 41,915.50 3,059.17 CHECKS PAID NUMBER DATE AMOUNT NUMBER DATE 0 01/23 954.00 273 01/24 246 01/18 115.15 274 01/26 247 01/18 369.52 275 02/03 250 . 01/20 1,500.00 276 01/26 254 . 01/18 434.36 277 01/27 255 01/30 :':0.00 278 01/30 25. 0~/20 11.82 279 01/27 259 . 01/18 250.00 280 01/31 261 . 01/18 3,242.00 281 01/31 262 01/18 5a.19 282 01/31 263 01/18 1010.24 283 02/01 264 01/18 59. 71 284 02/07 265 01/18 26.50 285 02/01 266 01/20 1:'5.48 292 . 02/03 270 . 01/19 2:0.00 294 . 02/07 27l 01/24 IlL sa 295 02/07 272 01/24 6,500.00 DAILY TRANSACTIONS DATE TRJINSACTION 01/18 BEGINNIlIG BALANCE 01/18 CHECKS 434.36 3,242.00 369.52 01/18 CHECKS 250.00 140.24 115.15 01/18 CHECKS 68.19 59.71 26.50 01/19 CHECK 250.00 01/20 CHECKS 1,500.00 116.48 11.82 01/23 CHECK 954.00 01/24 DEPOSIT 01/24 CHECKS 200.00 114.58 6,500.00 01/25 DEPOSIT 01/26 CHECKS 856.39 150.00 01/27 CHECKS 1,000.00 5,000.00 01/30 CHECKS 201. 46 120.00 01/31 DEPOSIT 01/31 I:EPOSIT 01/31 CHECKS 250.00 129.59 21.94 02/01 MERIDIAN BANK 06198250200 NOTE PA'lMT 020195 02/01 MERIDIAN BANK 06198250001 NOTE PA'lMT 020195 02/01 CHECKS 538.25 402.96 02/02 DEPOSIT 02/03 C'AECKS 1,049.08 25.00 02/07 DEPOSIT 02/07 CHECKS 1,500.00 1,266.18 587.61 02/07 CHECKS 507.42 500.00 390.08 ... DUPLICATE ... .- PAGE 2 STATEMENT PERIOD ENDING 02/14/95 49 ENCLOSURES REFERENCE NUMBER 10005025222 AMOUNT NUMBER DATE AMOUNT 200.00 296 02/07 1,500.00 150.00 297 02/07 390.08 35.00 298 02/08 '~1.50 856.39 299 02/07 51J7.61 5,000.00 301. . 02/09 453.6a 201.46 303 . 02/07 1,260.1:1 1,000.00 304 02/08 215 .71 129.59 305 02/09 735.00 250.00 306 02/14 40.00 21.94 307 02/13 100.00 402.96 308 02/13 5,506.70 500.00 309 02/14 175.71 538.25 310 02/14 250.00 1,049.08 3" 02/13 2,263.57 507.42 3" 02/14 250.00 _0 250.00 313 02/14 160.00 . GAP IN SEQUENCE CHECKS DEPOSITS DEBITS CREDITS BALANCE 12.595.39 4,045.88 8,549.51 505.39 8,044.12 154.40 7,889.72 250.00 7,639.72 1,628.30 6,011.42 954.00 5,057.42 600.80 5,65a.22 6.814.58 1,156.36- 5,000.00 3,843.64 1,006.39 2,837.25 6,000.00 3,162.75- 321.46 3,484.21- 4,289.53 805.32 450.00 1,255.32 401.53 853.79 1,138.96 285.17- 1,059.16 1,344.33- 941. 21 2,285.54- 5,000.00 2,714.46 1,08;.0;; 1,ii3u.3o 1,138.95 2,769.33 3,353.79 584.46- 1,397.50 1,981. 96- CONTINUED MER:DIAN BlINK ... DUPLICATE ... STEVEN A FAILOR OR CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS 595 NT ROCK RD CARLISLE PA 17013 CHECKING SUMMARY REGULAR CHECKING 5123-6009 TAX 10 BEGINNING BALANCE 5 DEPOSITS, CREDITS 33 CHECKS, DEBITS ENDING BALANCE 194503936 3,059.17 9,128.14 12,398.88 211.57- CHECKS PAID NUMBER DATE AMOUNT NUMBER DATE 293 02/17 686.88 324 02/27 314 . 02/15 , 167.00 325 02/27 315 02/17 5.3.94 326 02/28 316 02/27 578.08 327 03/01 317 02/23 100.00 328 03/01 318 02/23 3:.51 329 03/07 319 02/22 397.50 330 03/02 320 02/22 250.00 331 03/03 321 03/06 500.00 332 03/06 323 . 03/01 222.60 333 03/03 DAILY TRJINSACTIONS DATE TRANSACTION 02/15 BEGINNING BALANCE 02/15 CHECK 167.00 02/17 DEPOSIT 02/17 CHECKS 686.88 563.94 02/22 CHECKS 397.50 250.00 02/23 CHECKS 100.00 31.51 02/27 DEPOSIT 02/27 CHECKS 578.08 350.00 250.00 02/27 CHECK 122.45 02/28 CHECK 250.00 03/01 DEPOSIT . 03/01 MERDIAN BANK 06198250001 NOTE PA'lMT 030195 03/01 CHECKS 222.60 172.67 77 .12 03/02 CHECK 1,075.00 03/03 DEPOSIT 03/03 CHECKS 222.04 4,400.08 03/06 DEPOSIT 03/06 CHECKS 500.00 300.00 113.95 03/06 CHECKS 75.00 18.00 03/07 CHECKS 300.00 250.00 139.00 . 03/07 CHECK 50.00 03/10 DELUXE CHECK CHECK BK ORDER CHECK/ACC. 950303 03/13 CHECKS 90.00 62.54 03/13 OVERDRAFT ClIARGE 03/14 MONTHLY SERVICE CHARGE 03/14 ENDING BALANCE . - PAGE 2 STATEMENT PERIOD ENDING 03/14/95 :;: 9 ENCOSURES REFERENCE NUMBER 10005025222 AMOUNT NUMBER DATE AMOUNT 122.45 334 03/07 139.00 250.00 335 03/06 75.00 250.00 336 03/06 .113.95 172.67 337 03/~3 '62.54 77.12 338 03/13 90.00 300.00 339 03/07 50.00 1,075.00 341 . 03/07 250.00 4,400.08 342 03/06 300.00 18.00 348 . 02/27 350.00 222.04 . GAP IN SECUENCE CHECKS DEPOS:':S DEBITS CREDI':S BALANCE 3,059.17 167.00 2,892.17 425.00 3,317.17 1,250.82 2,066.35 647.50 1,418.85 131. 51 1.287.34 964.84 2,252.18 1,178.08 1,074.10 122.45 951.65 250.00 701.65 1,507.08 2,208.73 516.67 1,692.06 472.39 1,219.67 1,075.00 144.67 1,83:.22 1,975.89 4,622.12 2,646.23- 4,400.00 1,753.77 913.95 839.82 93.00 746.82 689.00 57.82 50.00 7.82 34.85 27.03- 152.54 179.57- 25.00 204.57- 7.00 211.57- 211.57- CONTINUED CHECKING StlMMARY REGtILAR CHECKING MERIDIAN BANK STEVEN A FAILOR OR CYNTHIA L FAILOR D/B/A FINE LINE RSTRTNS 535 MT ROCK RD NEWVILLE PA 17241 5123-6009 TAX 10 BEGINNING BALANCE 7 DEPOSITS, CREDITS 51 CNECKS, DEBITS ENDING BALANCE 194503936 211.57- 12,302.72 14,440.92 2,349.77- CHECKS PAID NUMBER DATE AMOUNT NUMBER DATE 343 03/21 730.50 361 03/23 344 03/21 " 31.60 362 03/27 345 03/20 785.82 363 03/27 346 04/03 600.00 364 03/28 350 . 03/21 245.15 365 03/27 351 03/22 141.56 366 03/31 353 . 03/17 217.70 367 04/04 354 03/23 1.;0.00 368 03/31 355 03/22 379.64 369 03/30 356 03/29 32.90 370 04/04 357 03/21 232.39 371 04/03 358 03/21 250.00 372 04/04 359 03/21 300.00 373 04/03 360 03/22 34.68 374 04/04 DAILY TRANSACTIONS DATE TRANSACTION 785.82 730.50 245.15 300.00 232.39 250.00 31.60 34.68 03 15 BEGINNING BALANCE 03/17 CHECK 217.70 03/20 DEPOSIT 03/20 CNECK 03/21 CNECKS 03/21 CHECKS 03/22 DEPOSIT 03/22 CHECKS 03/23 DEPOSIT 03/23 CHECKS 03/27 CNECKS 03/28 CNECK 03/29 DEPOSIT 03/29 CHECK 03/30 CHECK 03/31 CNECKS 04/03 DEPOSIT 04/03 MERDIAN BANK 06198250001 04/03 MERDIAN BANK 06198250100 04/03 CNECKS 995.00 04/04 CHECKS 257.30 04/04 CHECKS 165.30 04/05 CNECKS 450.00 04/05 CHECKS 129.18 04/06 CHECKS 1,500.00 04/07 CHECK 775.00 04/07 OVERDRAFT CHARGE 379.64 141.56 500.00 995.00 257.30 140.00 250.00 157.35 32.90 36.52 75.00 42.90 NOTE NOTE 600.00 225.00 152.26 664.31 36.57 123.3' PA'lMT 040195 PA'lMT 040195 190.00 200.00 369.64 ... DUPLICATE ... PAGE 2 STATEMENT PERIOD ENDING 04/13/95 o ENCLOSURES REFERENCE NUMBER 10005025222 AMOUNT NllMBER DATE AMOUNT 500.00 375 04/05 129.18 157.35 376 04/05 36.57 995.00 378 . 04/05 664.31 257.30 379 04/06 '1.23.39 250.00 380 04/04 1'605.30 42.90 381 04/05 369.64 152.26 382 04/05 450.00 75.00 383 04/06 1,500.00 36.52 384 04/07 775.00 200.00 385 04/10 25.00 190.00 386 04/11 401.01 225.00 387 04/10 187.00 995.00 388 04/11 250.00 257.30 . GAP IN SEQUENCE CHECKS DEPOSITS DEBI':'S CREDITS BALANCE 11. 7- 217.70 429.27- 364.62 64.65- 785.82 850.47_ 1,280.50 2,130.97_ 509.14 2,640.11_ 4,500.00 1,859.89 555.88 1,304.01 1,930.79 3,234.80 640.00 2,594.80 1,402.35 1,192.45 257.30 935.15 2,527.92 3,463.07 32.90 3,430.17 36.52 3,393.65 117.90 3,275.75 1,739.43 5,015.18 555.42 4.459.76 171.53 4,288.23 1,785.00 2,503.23 682.30 1.820.93 317.56 1.503.37 1,483.95 19.42 165.75 146.33- 1,6:~.J~ 1,1U.7.- 775.00 2,5U.72_ , 25.00 2,5".72.' ' CONTINUIlD VERIFICATION I, STEVEN A. FAILOR, hereby authorize that I am the Defendant in this action; that I have read the foregoing Petition to Open Judgment; and that the facts stated therein are true and corrcctto the best of illY knowlcdge, information, and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;i ()c/~ ~ STEVEN A. FAILOR DATE: 1- ,)1- 77 t": ..., ~ ..J n , - f' " '1 , ,'. ~ 1 , t- '1 i 01' ,.. . . ~ f.) r,,:,. ". - \;J ~ '"::0- ~..;j ."t>' (') \D 0 c:: -J -- ... '1Ji': '- ... r11;-; . (= .- 2;::'- ;.c .~~ N (n '" 0 '. - ' .J ':-::(:) "'" ;;~ :H ..;-. ~.; (": ::r~ ._)~ .:; (-) " .~s ~ d ~ U1 ~ .... 0'1 -< (", ,~ [) c: _J , t.... L .., , :-'"1 . , , ;:_:1 "-, 1 , 'OJ '. , , ;:Ij -t ) =....' ;.i " :n :"1 ..< "', , ~AUG 2 8 1997 . BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: David E. Turner, Esquire Identification No. 19380 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff Core States Bank, N.A. ~ CORESTATES BANKr N.A., successor by merger to MERIDIAN BANKr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 97-336 civil . . Plaintiff vs. STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants CIVIL ACTION - LAW ORDER AND NOW, this day of , 1997r upon consideration of the Motion of Plaintiff to Compel Defendants' Answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents, it is hereby ORDERED and DECREED that said Motion is granted and Defendants must file answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents within ten (10) days from the date of this Order. BY THE COURT: Judge Production of Documents Directed to Defendant, Cynthia L. Failor upon counsel for the Defendants. A true and correct copy of the June 13, 1997 letter serving discovery, a copy of the Proof of Service, and a copy of Plaintiff's discovery requests are attached hereto as Exhibit A and incorporated herein by reference. 2. Pursuant to Pa.R.C.P. 4006(a) (2) and 4009, Defendants' answers and objections, if any, to said discovery requests were due on or about July 13, 1997. 3. Counsel for the Plaintiff subsequently contacted counsel for the Defendants by telephone to request a response to the Plaintiff's discovery requests. 4. To date, Defendants have failed to respond to Plaintiff's discovery requests by way of substantive responses or objections, although more than thirty (30) days have elapsed since Defendants were served with Plaintiff's discovery request. 5. Defendants' failure to answer Plaintiff's discovery requests is delaying the captioned matter and has caused Plaintiff undue hardship in preparing its case for trial. 6. Plaintiff's case may be prejudiced by not receiving Defendants' discovery answers. 7. Plaintiff respectfully requests that this Honorable Court grant its Motion to Compel Defendants' answers to Plaintiff's discovery requests and respectfully requests that this Court enter the attached Order. WHEREFORE, Plaintiff, CoreStates Bank, N.A., successor by merger to Meridian Bank, respectfully requests that this - QAW) L 1\JIVCR a..o.etoH N. PAd&. "... M.AN< a. VClOCR CNIL D. CJIlICJfrolN."..,..... ......,. ...Jt<OUU HAMVD.~ PATN:K T. ~ K.MOf l'IftVO ~CX&R SHAWN J. \.AU' ..VNfC K. MUll' Il.JZA8I'nWWrC D. ~ KKVlNW.~' 0Wia.Q N. SMJM """, IBgBI BINGAMAN. HESS. COBLENTZ & BELL A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ll60 PENN SQUARE CENreR . llOl PENN STREET P,O. BOX 81 READING. PENN5Yl.VANIA 19l103.QOl11 reLEPHONE (8101314-8377 FAX" (8101378.3105 ~ ~ ,. , '" .....VMONO K. HUt J. WRNOI1.L c:oee..&N'rZ DAVOli. ~.. ~c_ ~J.AL.nGJsLA MMm u.&wIU.YN.... ~ 1101.'''' JAMD P. -.:u. tIiZI.'''' .....................~ .."'-'-..~o.... June 13, 1997 SHAWN J. LAU. P.c. ~ 0. SUITE ,.. "10 R. MAN..TON PIKa OCMV H&J.. KJ DIOOJ <*JI') 15'-4'" PAX CIOIJ 42...71 u: Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Steven A. Failor and Cynthia L. Failor Our File No. 1011-536 Dear Mr. Weber: I am enclosing Plaintiff's First Set of Interrogatories Addressed to each Defendant in each of the CUmberland County Civil Actions docketed to numbers 97-333, 97-334, 97-336 and 97-337. I am also enclosing two Notices of Depositions for your clients, scheduling their depositions for Monday, July 28, 1997 at my office. If I do not receive responses to the enclosed discovery within the thirty day period allotted by the Pennsylvania Rules of Civil Procedure, I reserve the right to reschedule the said depositions for a later date. Very truly yours, BINGAMAN, HESS, COBLENTZ & BELL, P.C. :f.<J,;. fl,SAt...l 4C1~ David E. Turner, Esquire DET:mny Enclosures cc: James T. Grady - CoreStates Bank, N.A. - 6-94-3-130 (w~nc.) ." BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: David E. Turner, Esquire Identification No. 19380 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff m THB COURT OF COMMON PLEAS OF CtlHBBRI.AND COUNTY, PBNNSYIav:ANn Plaintiff No. 97-333 Civil 97-334 Civil 97-336 Civil 97-337 Civil CORESTATES BANK, N .A., successor by merger to MERIDIAN BANK, vs. COUNTY OF BERKS COMMONWEALTH OF PENNA. ss. LAWn '.::J ~ c:: -.I .- ,- :::l ~:~:..: c: ,'~;g , . ' ~ ~;~ :", -'l? - , "I) , '. 0 (, ~.. 5Q ... .. :""..':; :2 ,:-:: :j::l ~~~~., ~,n .~c :a ,::;m ;..:- ~ :;:! ~ :::. -< (l"\ '< STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants CIVIL ACTION - PROOF OF SERVICE I, Malissa N. Young, do depose and say that I served true and correct of Plaintiff's First Set of Interrogatories and Request for Production of Documents Addressed to Defendants in each of the above actions were served on June ~, 1997, via U.S. First class mail addressed as follows: Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 i].{.~: L ~J "'_ 17 ;L..:,;. .~. . Mal1ssa N. Young /' i/ Sworn to and subscribed before me this ii{l, day of "lot 1 Y\ C 199 '7. v & /;); - --- --....-11&II: .,!IIIIIIl-CIIIIl. "~JlJ7.1117 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: David E. Turner, Esquire Identification No. 19380 660 Penn Square Center 601 Penn Street P.O. Box 61 Readingr PA 19603-0061 (610) 374-8377 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l'Y I PENNSYLVANIA CORESTATES BANK, N.A., successor by merger to MERIDIAN BANK, No. 97-336 civil Plaintiff vs. CIVIL ACTION - LAW STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT. STEVEN A. FAILOR TO: Steven A. Failor You are hereby requested to answer the following Interrogato- ries in writing and under oath, and to respond to the following Request for Production of Documents, within thirty (30) days after service of the Interrogatories upon you in accordance with Pennsylvania Rules of Civil Procedure 4001 nAG. These Interrog- atories and Requests are deemed to be continuing in nature and any information obtained by you subsequent to the tiling of your answers to these Interrogatories and Requests is to be supplied by the filing of supplemental answers. Further, both the party to whr)m these Interrogatories and Requests are addressed and any expert who answers such Interrogatories has a duty to supplement the response if he or she knows that the responHe was incorrect when made or if he or she knows that the response althOUgh correct ' when made is no longer true. .~ -..;.'<:'.>. ;..., ,,:/:,{;: ~'i~:T,,~k,r}~.~; ~' , 11211'11.{"7" .L ~",; ....., . Any Interrogatories which directly require an answer showing the mental impressions of the party's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories need not be answered. Further, any Interrogatory which requests an answer which would require the representative of a party, other than the party I s attorney, to disclose his mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics need not be answered. All other information concerning statements, reports, memorandar correspondence and other writings, even though made or secured in anticipation of litigation or in preparation for trial, must be furnished. All answers should be set forth in the space following each numbered Interrogatory. If that space is inadequate for this purpose, the answer may be set forth on a supplemental sheet attached to the answer, clearly marked to indicate the number of the Interrogatory whose answer is being supplemented. DEFINITIONS AND INSTRUCTIONS. Unless negated by the context of the interrogatory, the following definitions are to be considered to be applicable to all interrogatories contained herein: 1. The term "document" means and refers to all original writings of any nature whatsoever and all drafts and all nonidenti- cal copies thereof and includes, but is not limited to, correspon- dence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, schedules, facsimiles, prints, drawings, specifications, summaries, compilations, analyses, memoranda, indexes, work papers, studies, surveys, internal and external reports, charts, diaries, logs, calendars, film, photographs, minutes of meetings, invoices, receipts, bills, purchase orders, orders, confirmations, bills of lading, deli very receipts and any and all other documents as defined in RUle 4009 in the Pennsylvania RUles of Civil Procedure. In all cases where originals and non-identical copies are available, "document" also means copies thereof. 2. The terms "Plaintiff" means and refers to CoreStates Bank, N.A., SUccessor by merger to Meridian Bank, the Plaintiff herein. 3. The term "Defendant" means and rafers to steven A. Failor and Cynthia L. Failor, individually, jointly and/or trading as Fine Line Restorations, Defendants herein. 4. The term "person" means and refers to a natural person, governmental agency, department or body, corporation, company, trust, sole proprietorship, estate, partnership, joint adventure, or any other entity, including any officer, director, employee, 112571.1 owner, partner, executor, trustee, agent, representative or successor or assignee thereof. 5. The terms "relating to", "connected with" and "in connection with" mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, concerning or referring to, directly or indirectly. 6. The conjunctions "and" and "or" shall be individually interpreted in every instance as meaning "and/or" and shall not be interpreted disjunctively to exclude any document otherwise within the scope of any request. 7. As used herein, all words used in their singular form shall be deemed to include the words in their plural form. a. Where an identification of a person is requested herein, give his or her name, present or last known address (and if last known address, the last known date thereof), present and past positions, the name of each company which employed each person and each position, the inclusive dates of such employment during the time period applicable to these interrogatories, and the person whom he or she was representing or acting for, if any. 9. When identification of a document is requested herein, give the type of document, (e.g., memorandum, telegram, agreement), title of file and identifying number and symbol, subject matter and name and address of the custodian. If any such document was, but is no longer, in Defendant's possession or subject to its custody or control, state what disposition was made of it, the date thereof, identify the person or persons responsible for such disposition, and the policy, rule, order or other authority by which such disposition was made. For documents to which Defendant had access but which were and are not in the possession, custody, or control of Defendant, set forth in addition to the information indicated above, the circumstances under which Defendant had access to the documents. In addition to identification of a document, Defendant shall furnish simultaneously with the filing of his answers to these Interrogatories, and the related Request for Production of Documents, such document for inspection and copying by Plaintiff, at the offices of its counsel, Bingaman, Hess, Coblentz & Bell, P.C., 660 Penn Square Center, 601 Penn street, P.O. Box 61, Reading, Pennsylvania 19603, provided that such document is segregated and identified to each particular interroga- tory. 10. When identification of an oral statement, discussion, conversation or conference (use herein of anyone of which shall be deemed to include all others) is requested, identify the person making such statement, the person to whom such statement was made, and all other persons present at the time of such statement; state 112571.1 . the date of such statement; state the place where such statement was made; or, if by telephone, the persons participating in the telephone call and the person making the telephone call, and the places where the person participating in the call was located; and state the substance of such statement. 11. When identification of place or location is requested state the street, house or apartment number, political subdivision (e.g., township, borough, city, etc.), county and state or foreign country of such place or location. 12. The term "communication" means and refers to any oral statement, discussion, conversation or conference (whether face to face or by telephone or in any document) by, for, between or among one or more persons. 13. "Describe" and/or "state" mean to set forth fully and unambiguously every fact relevant to the answer called for by the interrogatory or by the Defendant, their employees, agents or representatives have knowledge. 14. Identify separately with each answer to each interrogato- ry all sources of information provided in such answer with a description sufficient to use in a subpoena. 15. Each document produced should be separately marked or identified as relating to the specific request. 16. If you claim that the attorney-client, attorney work product, or any other privilege is applicable to any document which is sought by this request, you shall, with respect to that document: a. State the date of the document; b. Identify each and every author of the document.s; c. Identify each and every other person who prepared or participated in the preparation of the document; d. Identify each and every person who received the document; e. Identify each and every person from whom the document was received; f. state the present location of the document and all copies thereof; g. Identify each and every person who has ever had posses- sion, custody or control of the document or any copy thereof; and 112571.1 . h. Provide sufficient further information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety. 17. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. 18. No answer is to be left blank. I f the answer to an interrogatory or subparagraph of an interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. 19. These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be sUpplied by supplemental answers. INTERROGATORIES 1. Describe in detail all paymentsr which the Defendants paid to the Plaintiff on behalf of the outstanding Note. Include who tendered the payments; the exact amount of the payments; method of payment; date of payments; place and time of payments; the outstanding balance of the Note after the last payment was made; and the account(s) from which these payments were made, including account number(s), type of account(s), and with whom the account(s) were maintained. 112571.1 . 5. State the names and addresses of all persons known to you or your attorneys who know any relevant fact pertaining to the subject matter of this litigatlon. r '; '>^' .>." ',< ,~E::~,.:~?t.~j.~;~}r:i{i~:;:';fi:::;: i:'~' ~j;~' C'. '.~, %..').\'t>~f...'I;'1.,~;;t.: ":,:1;:' ;. ';t? , ^ -"t .~,}"..::~'t('!t~~:i;,>-,r!{.fl;}' , '\ ., ~,rrt""''''':-;':;ii),:<\f'Q~:.:;':'~~:~'' - ,,,'.., .' ,;,".i;-!-r~~:.,.'1'fJ_.~.~r!:'\ ' ~.~~i """,1,,: ":.>;;!if.;r.:~--ti~W';' ,.......' , ~'p~~:_....~~~~",~...rl;."~,~ 'j '~.....J;~ . '. < \', ......";-r:<>~~w'"' \~'J''''.''' . . 1'-' , , . ", ,/-,>/O.~~~~-~' '.'t::'..=':',....~._. ..~~,.~ : . " ~<i:-.(.;;"J)' . ~ '"";'\ 't:;<" ~: .!....t1?~ .- . . ~." ~,,{ i ' "\j..~ "'. ,~., , -: '. '- ~'".'h ~ , : ~-:;j.-,:, ,;. ;/!'<! ;\ ~ . ~.l.l'"" 7 . ~l'J .'- ~-';6:~ ........';iil;t~lE:j. '- :- 6. State the name and address of any and all individuals whom you expect to a call as witnesses at trial. 7. with reference to paragraph 6, state the content of the testimony of each witness including the relevant factual assertions to which that witness will testify. 8. With respect to paragraph 7 of these Interrogatories, state the factual basis for each and every factual assertion which will be testified to by each and every witness set forth in paragraph 6 above. i;. . (c) For each expert identified above, please attach his reports signed by him. t . [ I 11. Have you or anyone acting on your behalf obtained from any person(s) any statement(s) (as defined by the Rules of Civil Procedure) concerning this action or its subject matter? If so, identify: (a) each such person; (b) whenr where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) any person(s) who has custody of any such statement that were reduced in writing or otherwise recorded; and ment. (d) the exact nature and content of every such state- 112571.1 . REOUEST FOR PRODUCTION OF DOCUMENTS INIJTROCTIONS: 1. The requests listed below shall be deemed to be continu- ing and require prompt supplemental production of documents in the event that Defendant or their counsel learns of additional documents not produced on the scheduled production date. Supplemental production shall be made from time to time, but in no event later than three (3) business days after such further documents are discovered. 2. Each request should be responded to separately and as completely as possible. The fact that an investigation is continuing or that discovery is not complete shall not constitute cause for failure to response to each request. The omission of any document from the response shall be deemed a representation that the document was not in the possession, custody or control of Plaintiff or his attorney at the time of production of documents. 3. In the event that any Document sought by these requests has been destroyed or is discarded, that Document is to be identified by stating: (a) Any address or addressee; (b) Any indicated or blind copy; (c) The Document's date, subject matter, number of pages and attachments or appendices; (d) All persons to whom the Document was distributedr shown or explained; (e) Its date of destruction or discard, manner of destruction or discard and the reason for destruction or discard; and (f) The persons authorizing and carrying out such destruction or discard. 4. The term "document" means and refers to all original writings of any nature whatsoever and all drafts and all nonidenti- cal copies thereof and includes, but is not limited to, correspon- dence, telegrams, other written communicationsr data processing storage units, tapes, contracts, agreements, notes, schedules, facsimiles, prints, drawings, specifications, aummaries, compilations, analyses, memoranda, indexes, work papersr studiesr surveys, internal and external reports, charts, diaries, logs, calendars, film, photographs, minutes of meetingsr invoices, receipts, bills, purchase orders, orders, confirmations, bills of lading, delivery receipts and any and all other documents as defined in Rule 4009 in the Pennsylvania Rules of civil Procedure. In all cases where originals and non-identical copies are available, "document" also means copies thereof. 112571.1 . 5. The term "Plaintiff" means and refers to CoreStates Bank, N.A., successor by merger to Meridian Bank. 6. The term "Defendant" means and refers to Steven A. Failor and Cynthia L. Failor, individually, jointly and/or trading as Fine Line Restorations, Defendants herein. 7. The term "person" means and refers to a natural person, governmental agency, department or body, corporation, company, trust, sole proprietorship, estate, partnership, joint adventure, or any other entity, including any officer, directory, employee, owner, partner, executor, trustee, agent, representative or successor or assign thereof. 8. The terms "relating to", "connected with" and "in connection with" mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, concerning or referring to, directly or indirectly. 9. The conjunctions "and" and "or" shall be individually interpreted in every instance as meaning "and/or" and shall not be interpreted disjunctively to exclude any document otherwise within the scope of any request. 10. As used herein, all words used in their singular form shall be deemed to include the words in their plural form. 11. Where an identification of a person is requested hereinr give his or her name, present or last known address (and if last known address, the last known date thereof), present and past positions, the name of each company which employed each person and each position, the inclusive dates of such employment during the time period applicable to these interrogatories, and the person whom he or she was representing or acting forr if any. 12. When identification of a document is requested herein, give the type of document, (e.g., memorandum, telegram, agreement), title of file and identifying number and symbolr subject matter and name and address of the custodian. If any such document was, but is no longer, in Defendant's possession or subject to its custody or control, state what disposition was made of it, the date thereof, identify the person or persons responsible for such disposition, and the pOlicy, rule, order or other authority by which such disposition was made. For documents which Defendant had access to but which were and are not in the possession, custody, or control of Defendant, set forth in addition to the information indicated above, the circumstances under which Defendant had access to the documents. In addition to identification of a document, Defendant shall furnish simultaneous- ly with the filing of its answers to these Interrogatories, and the related Request for Production of Documents, such document tor 112571.1 . inspection and copying by Plaintiff, at the ort ices of their counsel, Bingaman, Hess, Coblentz & Bell, 660 Penn Square Center, 601 Penn Street, P.O. Box 61, Reading, Pennsylvania 19603, provided that such document is segregated and identified to each particular interrogatory. 13. When identification of an oral statement, discussion, conversation or conference (use herein of anyone of which shall be deemed to include all others) is requested, identify the person making such staeement, the person to whom such statement was made, and all other persons present at the time of such statement; state the date of such statement; state the place where such statement was made; or, if by telephone, the persons participating in the telephone call and the person making the telephone call, and the places where the person participating in the call was located; and state the substance of such statement. 14. When identification of place or location is requested state the street, house or apartment numberr political subdivision (e.g., township, borough, city, etc.), county and state or foreign country of such place or location. 15. The term "communication" means and refers to any oral statement, discussion, conversation or conference (whether face to face or by telephone or in any document) by, for, between or among one or more persons. 16. "Describe" and/or "state" mean to set forth fully and unambiguously every fact relevant to the answer called for by the interrogatory or by the defendant, his employees agents or representatives have knowledge. 17. Identify separately with each answer to each interrogato- ry all sources of information provided in such answer with the description sufficient to use in a subpoena. 18. Each document produced should be separately marked or identified as relating to the specific request. 19. If you claim that the attorney-client, attorney work product, or any other privilege is applicable to any document which is sought by this request, you shallr with respect to that document: a. State the date of the document; b. Identify each and every author of the documents; c. Identify each and every other person who prepared or participated in the preparation of the document; d. Identify each and every person who received the document; e. Identify each and every person from whom the document was received; f. State the present location of the document and all copi.. thereof; 112571.1 . '-., -, ~.., ................ l"! . . g. Identify each and every person who has ever had posses- sion, custody or control of the document or any copy thereof; and h. Provide sufficient further information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety. i. Any addressor or addressee; j. Any indicated or blind copy; k. The Document's date, subject matter, number of pages and attachments or appendices; 1. All persons to whom the Document was distributed, shown or explained; m. Its present custodian; and n. The nature of the privilege asserted. DOCUMENTS REQUESTED: 1. Provide copies of any and all Documents and documentary exhibits in the above-captioned proceeding which you intend to use at trial, whether or not you intend to offer them into evidence. 2. Copies of any and all documentary material in the possession of Defendant which supports or relates to the claims or defenses asserted in this action by Plaintiff, including, but not limited to, bank loan and deposit account statements, check register(s), checks, deposit and withdrawal slips for the period 1994 to the present. 3. All documents related to any allegations contained in the Defendant's Answer and New Matter. 4. experts whether All opinions or reports prepared for Defendant by any with respect to the subject matter of this litigation, or not you intend to offer them into evidence. 5. All resumes, curriculum vitaes or qualification briefs/summaries of any experts engaged by Defendant to provide expert testimony in this matter. 6. Copies of all documents identifiedr described, or otherwise referred to in the foregoing answers to Interrogatories. Dated: G!lq?7 BINGAMAN, HESS, COBLENTZ , BELL, P.C. :~~/)~ -., avid E.- Turner,- Esquire Attorneys for Plaintiff 112571.1 , i I I f I . Any Interrogatories which directly require an answer showing the mental impressions of the party's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories need not be answered. Further, any Interrogatory which requests an answer which would require the representative of a party, other than the party's attorney, to disclose his mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics need not be answered. All other information concerning statements, reports, memoranda, correspondence and other writings, even though made or secured in anticipation of litigation or in preparation for trialr must be furnished. All answers should be set forth in the space following each numbered Interrogatory. If that space is inadequate for this purpose, the answer may be set forth on a supplemental sheet attached to the answer, clearly marked to indicate the number of the Interrogatory whose answer is being supplemented. DEFINITIONS AND INSTRUCTIONS. Unless negated by the context of the interrogatory, the following definitions are to be considered to be applicable to all interrogatories contained herein: 1. The term "document" means and refers to all original writings of any nature whatsoever and all drafts and all nonidenti- cal copies thereof and includes, but is not limited to, correspon- dence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, schedules, facsimiles, prints, drawings, specifications, summaries, compilations, analyses, memoranda, indexes, work papers, studies, surveys, internal and external reports, chartsr diariesr logs, calendars, film, photographs, minutes of meetings, invoices, receipts, bills, purchase orders, orders, confirmations, bills of lading, deli very receipts and any and all other documents as defined in Rule 4009 in the Pennsylvania Rules of Civil Procedure. In all cases where originals and non-identical copies are available, "document" also means copies thereof. 2. The terms "Plaintiff" means and refers to Corestates Bank, N.A., successor by merger to Meridian Bank, the Plaintiff herein. 3. The term "Defendant II means and refers to steven A. Failor and Cynthia L. Failor, individually, jointly and/or trading as Fine Line Restorations, Defendants herein. 4. The term lIpersonll means and refers to a natural person, governmental agency, department or body, corporation, company, trust, sole proprietorship, estate, partnership, joint adventure, or any other entity, including any officer, director, employee, 112571.1 . owner, partner, executor, trustee, agent, representative or successor or assignee thereof. 5. The terms "relating to", "connected with" and "in connection with" mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, concerning or referring to, directly or indirectly. 6. The conjunctions "and" and "or" shall be individually interpreted in every instance as meaning "and/or" and shall not be interpreted disjunctively to exclude any document otherwise within the scope of any request. t r \ 7. As used herein, all words used in their singular form shall be deemed to include the words in their plural form. a. Where an identification of a person is requested herein, give his or her name, present or last known address (and if last known address, the last known date thereof), present and past positions, the name of each company which employed each person and each position, the inclusive dates of such employment during the time period applicable to these interrogatories, and the person whom he or she was representing or acting for, if any. 9. When identification of a document is requested herein, give the type of document, (e.g., memorandum, telegram, agreement), title of file and identifying number and symbol, subject matter and name and address of the custodian. If any such document was, but is no longer, in Defendant's possession or subject to its custody or control, state what disposition was made of it, the date thereof, identify the person or persons responsible for such disposition, and the policy, rule, order or other authority by which such disposition was made. For documents to which Defendant had access but which were and are not in the possession, custody, or control of Defendant, set forth in addition to the information indicated above, the circumstances under which Defendant had access to the documents. In addition to identification of a document, Defendant shall furnish simultaneously with the filing of his answers to these Interrogatories, and the related Request for Production of Documents, such document for inspection and copying by Plaintiff, at the offices of its counsel, Bingaman, Hess, Coblentz & Bell, P.C., 660 Penn Square Center, 601 Penn Street, P.O. Box 61, Reading, Pennsylvania 19603, provided that such document is segregated and identified to each particular interroga- tory. 10. When identification of an oral statement, discussion, conversation or conference (use herein of anyone of which shall be deemed to include all others) is requested, identify the person making such statement, the person to whom such statement was made, and all other persons present at the time of such statement; state 112571.1 . the date of such statement; state the place where such statement was made; or, if by telephone, the persons participating in the telephone call and the person making the telephone call, and the places where the person participating in the call was located; and state the substance of such statement. 11. When identification of place or location is requested state the street, house or apartment number, political subdivision (e.g., township, borough, city, etc.), county and state or foreign country of such place or location. 12. The term "communication" means and refers to any oral statementr discussion, conversation or conference (whether face to face or by telephone or in any document) by, forr between or among one or more persons. 13. "Describe" and/or "state" mean to set forth fully and unambiguously every fact relevant to the answer called for by the interrogatory or by the Defendant, their employees, agents or representatives have knowledge. 14. Identify separately with each answer to each interrogato- ry all sources of information provided in such answer with a description sufficient to use in a subpoena. 15. Each document produced should be separately marked or identified as relating to the specific request. 16. If you claim that the attorney-client, attorney work product, or any other privilege is applicable to any document which is sought by this request, you shall, with respect to that document: a. state the date of the document; b. Identify each and every author of the documents; c. Identify each and every other person who prepared or participated in the preparation of the document; d. Identify each and every person who received the document; e. Identify each and every person from whom the document was received; f. state the present location of the document and all copies thereof; g. Identify each and every person who has ever had posses- sion, custody or control of the document or any copy thereof; and 112571.1 .' . (c) For each expert identified above, please attach his reports signed by him. 11. Have you or anyone acting on your behalf obtained from any person(s) any statement(s) (as defined by the Rules of Civil Procedure) concerning this action or its subject matter? If so, identify: (a) each such person; (b) when, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) any person(s) who has custody of any such statement that were reduced in writing or otherwise recorded; and ment. (d) the exact nature and content of every such state- . . REOUEST FOR PRODUCTION OF DOCUMENTS INSTRUCTIONS: 1. The requests listed below shall be deemed to be continu- ing and require prompt supplemental production of documents in the event that Defendan~ or their counsel learns of additional documents not produced on the scheduled production date. Supplemental production shall be made from time to time, but in no event later than three (3) business days after such further documents are discovered. 2. Each request should be responded to separately and as completely as possible. The fact that an investigation is continuing or that discovery is not complete shall not constitute cause for failure to response to each request. The omission of any document from the response shall be deemed a representation that the document was not in the possession, custody or control of Plaintiff or his attorney at the time of production of documents. 3. In the event that any Document sought by these requests has been destroyed or is discarded, that Document is to be identified by stating: (a) Any address or addressee; (b) Any indicated or blind copy; (c) The Document's date, subject matter, number of pages and attachments or appendices; (d) All persons to whom the Document was distributed, shown or explained; (e) Its date of destruction or discardr manner of destruction or discard and the reason for destruction or discard; and (f) The persons authorizing and carrying out such destruction or discard. 4. The term "document" means and refers to all original writings of any nature whatsoever and all drafts and all nunidenti- cal copies thereof and includes, but is not limited to, correspon- dence, telegrams, other written communications, data processing storage units, tapesr contracts, agreements, notes, schedules, facsimiles, prints, drawings, specifications, summaries, compilations, analyses, memoranda, indexesr work papers, studies, surveys, internal and external reports, charts, diarie., logs, calendars, film, photographs, minutes of meetings, invoice., receipts, bills, purchase orders, orders, confirmations, bills of lading, del i very receipts and any and all other as defined in nule 4009 in the Pennsylvania Rules of Civil In all cases where originals and non-identical copies available, "document" also means copies thereof. .' . 5. The term "Plaintiff" means and refers to CoreStates Bank, N.A., successor by merger to Meridian Bank. 6. The term "Defendant" means and refers to Steven A. Failor and Cynthia L. Failor, individually, jointly and/or trading as Fine Line Restorations, Defendants herein. I , " I , . o 7. The term "person" means and refers to a natural person, governmental agency, department or body, corporation, company, trust, sole proprietorship, estate, partnership, joint adventure, or any other entity, including any officer, directory, employee, owner, partnerr executor, trustee, agent, representative or successor or assign thereof. 8. The terms "relating to", "connected with" and "in connection with" mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, concerning or referring to, directly or indirectly. 9. The conjunctions "and" and "or" shall be individually interpreted in every instance as meaning "and/or" and shall not be interpreted disjunctively to exclude any document otherwise within the scope of any request. 10. As used herein, all words used in their singular form shall be deemed to include the words in their plural form. 11. Where an identification of a person is requested hereinr give his or her name, present or last known address (and if last known address, the last known date thereof), present and past positions, the name of each company which employed each person and each position, the inclusive dates of such employment during the time period applicable to these interrogatories, and the person whom he or she was representing or acting for, if any. 12. When identification of a document is requested herein, give the type of document, (e.g., memorandumr telegram, agreement) r title of file and identifying number and symbol, subject matter and name and address of the custodian. If any such document was, but is no longerr in Defendant's possession or subject to its custody or control, state what disposition was made of it, the date thereof, identify the person or persons responsible for such disposition, and the policy, rule, order or other authority by which such disposition was made. For documents which Defendant had access to but which were and are not in the possession, custody, or control of Defendant, set forth in addition to the information indicated abover the circumstances under which Defendant had access to the documents. In addition to identif ication of a document, Defendant shall furnish simultaneous- ly with the filing of its answers to these Interrogatories, and the related Request for Production of Documents, such document for 112571.1 . . inspection and copying by Plaintiff, at the offices of their counsel, Bingaman, Hess, Coblentz & BelIr 660 Penn Square Center, 601 Penn Street, P.O. Box 61, Reading, Pennsylvania 19603, provided that such document is segregated and identified to each particular interrogatory. 13. When identification of an oral statement, discussion, conversation or conference (use herein of anyone of which shall be deemed to include all others) is requested, identify the person making such statement, the person to whom such statement was made, and all other persons present at the time of such statement; state the date of such statement; state the place where such statement was made; or, if by telephone, the persons participating in the telephone call and the person making the telephone call, and the places where the person participating in the call was located; and state the substance of such statement. 14. When identification of place or location is requested state the street, house or apartment number, political subdivision (e.g., township, borough, city, etc.), county and state or foreign country of such place or location. 15. The term "communication" means and refers to any oral statement, discussion, conversation or conference (whether face to face or by telephone or in any document) by, for, between or among one or more persons. 16. "Describe" and/or "state" mean to set forth fully and unambiguously every fact relevant to the answer called for by the interrogatory or by the defendant, his employees agents or representatives have knowledge. 17. Identify separately with each answer to each interrogato- ry all sources of information provided in such answer with the description sufficient to use in a subpoena. 18. Each document produced should be separately marked or identified as relating to the specific request. 19. If you claim that the attorney-client, attorney work product, or any other privilege is applicable to any document which is sought by this request, you shall, with respect to that document: a. State the date of the document; b. Identify each and every author of the documents; c. Identify each and every other person who prepared or participated in the preparation of the document; d. Identify each and every person who received the document; e. Identify each and every person from whom the document was received; f. State the present location of the document and all copies thereof; 112571.1 .... . . g. Identify each and every person who has ever had posses- sion, custody or control of the document or any copy thereof; and h. Provide sufticient further information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety. i. Any addressor or addressee; j. Any indicated or blind copy; k. The Document's date, subject matter, number of pages and attachments or appendices; 1. All persons to whom the Document was distributed, shown or explained; m. Its present custodian; and n. The nature of the privilege asserted. DOCUMENTS REQUESTED: 1. Provide copies of any and all Documents and documentary exhibits in the above-captioned proceeding which you intend to use at trial, whether or not you intend to offer them into evidence. 2. Copies of any and all documentary material in the possession of Defendant which supports or relates to the claims or defenses asserted in this action by Plaintiffr including, but not limited to, bank loan and deposit account statements, check register(slr checks, deposit and withdrawal slips for the period 1994 to the present. 3. All documents related to any allegations contained in the Defendant's Answer and New Matter. 4. experts whether All opinions or reports prepared for Defendant by any with respect to the subject matter of this litigation, or not you intend to offer them into evidence. 5. All resumes, curriculum vitaes or qualification briefs/summaries of any experts engaged by Defendant to provide expert testimony in this matter. 6. Copies of all documents identified, described, or otherwise referred to in the foregoing answers to Interrogatories. I Dated: &/'Z..''17 BINGAMAN, HESS, COBLENTZ , BELL, P.C. .~~ /'97 By ,A- p, .,..,;:!J <. ~"""""""" ~ia E. Turner, Esquire Attorneys for Plaintiff 112571.1 lJ .0 () f~ ..... '11 :,. :;J ""Tjr" ~ l7'"'H" r..::; ,:'1 ; r- , N -":~J (;~ ...J , .le'-> ~ ,- '.11 . - .. on .. , ;, :'1 " l ~~., \ -lii1 :::1 :.1' " ..' :.q ." ..... . .... , I BeB1 DAVID E. rvAN[A CUMSON N. PAOI!. JR. M.ItIU( O. V'OOEA CAM. O. CRONAATl4. JA KURT ALTHOUSE HNIlAV D. McMUNIGAL. PATRICK T. ...,.AETT KMEN nAVO LONQENECMIR SHAWN J. LAtJ- LYNNE K. NUST ~I!:O.IroIcMUNIGAL KEVIN W.~. CHARLES N. SHUM. .IA. BINGAM:\N. HESS. COBLENTZ & BELL A PROFESSIONAL CORPORATION ATIORNEYS AT LAW e60 PENN SQUARE CENTER' 601 PENN STREET P,O. BOX 61 READING. PENNSvt.VANIA 19603.0061 TELEPHONE (610) 374.8377 FAX /I (610) 376.3105 RAVMOND K. HUS J. WENDELl. C08U:NTZ DAVID P. BUCI<SON" OP COUNSIt1. , i !, RALPH J. ALTl-fOUSE. JR. AETlA[D LLEWELLYN R. BINGAMAN 1107.1190 JAM!S Jr. BELL liZl.tN8 September 23, 1997 $HAWN J. l-"U. PC. BUll.OlNCI Q, SUITE '40 11130 E. MAf'LTON PIKE CHERRY HIU.. NJ O8OOJ (1509) 75'''''58 ~AJ( (609) 42".1112 ............- In'" ~ ...........InO-WClrW Thomas J. Weber, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 RE: CoreStates Bank, N.A. vs. Steven A. Failor and Cynthia L. Failor No. 97-333 No. 97-334 No. 97-336 No. 97-337 Our File No. 1011-536 Dear Mr. Weber: , '. Enclosed for service upon you in each of the above matters please find the Motion of Plaintiff to Compel Defendants' Answers to Plaintiff's First Set of Interrogatories and Request of Production of Documents, and the Order issuing the rule. Sincerely, BINGAMANr HESS, COBLENTZ & BELL, P.C. C 101-11< If: k (",-/. Charles N. Shurr, Jr. CNS/mb Enclosures ~.. (') <D ~ r; ..... V) :;l 'T,)r-;, tTI :;;i!J r:""',1 -u .:.... '" p~ . , t;.il ., ." ') , " .'" '::!3:l ", :) '"-0 " '. ~ ('im ,- -t -. :n ~ ::~ ~ -: ol:'" AGREEMENT First Union National Bank, N.A., CoreStates Bank, N.A. and Meridian Bank, bound, hereby agrees and represents: 1. First Union National Bank hereby releases the Released Premises from the lien of the Judgment and represents that it will not, after the execution of this Release, attach, levy upon, sell, dispose of, claim, or demand the Released Premises or any part thereof or any appurtenances thereto, or as a result of the Judgment, assert or claim any estate in the Released Premises. successor by merger to intending to be legally 2. Steven A. Failor and Cynthia L. Failor, their heirs, executors, administrators, successors and assigns, shall and may hereafter hold, own and possess the Released Premises free and clear of the Judgment. 3. Nothing contained in this Release shall invalidate or impair the lien or security of the Judgment upon any other asset of Steven A. Failor and Cynthia L. Failor. 4. affect or Failor on Nothing contained in this Release shall in any way impair the obligation of Steven A. Failor and Cynthia L. the indebtedness represented by the Judgment. 5. parties, assigns. This Release shall bind and inure to the benefit of the their heirs, executors, administrators, successors and BINGAMAN, HESS, COBLENTZ & BELL, P.C. '-'/~ 41 1: 4. By: Charles N. Shurr, Jr., Esquire Identification No. 74813 Attorneys for First Union National Bank 136613 . " " BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Charles N. Shurr, Jr., Esquire Identification No. 74813 Attorney for Plaintiff 660 Penn Square Center 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 610- 374-8377 , , ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ji FIRST UNION NATIONAL BANK, successor by merger to MERIDIAN BANK, CIVIL ACTION - LAW Plaintiff vs. No. 97-336 Civil STEVEN A. FAILOR and CYNTHIA L. FAILOR, Defendants PARTIAL RELEASE OF JUDGMENT LIEN PARTIAL RELEASE OF JUDGMENT LIEN dated September 3, 1998, from First Union National Bank, successor by merger to CoreStates Bank, N.A. and Meridian Bank, by and through its counsel, Bingaman, Hess, Coblentz & Bell, P.C., to Steven A. Failor and Cynthia L. Failor. BACKGROUND On January 21, 1997, CoreStates Bank, N. A., successor by merger to Meridian Bank, entered judgment by confession against the Defendants, Steven A. Failor and Cynthia L. Failor, in the Court of Common Pleas of Cumberland County, Pennsylvania to No.97- 336, Cumberland County Records (the "Judgment"). The Judgment is in the amount of $277,381.30. CoreStates Bank, N.A. subsequently merged into First Union National Bank. The Judgment is a lien upon all real estate of which the Defendants were seized and possessed in Cumberland County, Pennsylvania, at the time the Judgment was obtained, including, without limitation, the real estate located at Lot 5, Mt. Rock Road, West Pennsboro Township, Cumberland County, Pennsylvania, as more fully described in Exhibit A attached hereto and incorporated herein by reference (the "Released Premises") . 136613 AGREEMENT First Union National Bank, N.A., CoreStates Bank, N.A. and Meridian Bank, bound, hereby agrees and represents: 1. First Union National Bank hereby releases the Released Premises from the lien of the Judgment and represents that it will not, after the execution of this Release, attach, levy upon, sell, dispose of, claim, or demand the Released Premises or any part thereof or any appurtenances thereto, or as a result of the Judgment, assert or claim any estate in the Released Premises. successor by merger to intending to be legally 2. Steven A. Failor and Cynthia L. Failor, their heirs, executors, administrators, successors and assigns, shall and may hereafter hold, own and possess the Released Premises free and clear of the Judgment. 3. Nothing contained in this Release shall invalidate or impair the lien or security of the Judgment upon any other asset of Steven A. Failor and Cynth~a L. Failor. 4 . affect or Failor on Nothing contained in this Release shall in any way impair the obligation of Steven A. Failor and Cynthia L. the indebtedness represented by the Judgment. 5. parties, assigns. This Release shall bind and inure to the benefit of the their heirs, executors, administrators, successors and BINGAMAN, HESS, COBLENTZ & BELL, P.C. c h:J l~ .1, Ii J By: Charles N~Shurr, Jr., Esquire Identification No. 74813 Attorneys for First Union National Bank ('\ I~ ~;:: C ::.;) . I.n , "II' ''1 , .., PJ,. ',') .1;.. ;~ jl '. ':1:> ',I,L, . j I] ._, , " .... . Jt') ~l ,'~;I n .. ~. =. ". ... ':..) ~I) , UI .... -. C') V) 0 ~ ;,; \..-.J oJ ". -: -I ~,' :' , ~ . '"',1 I .. : 1,__ C.) ..n . .:::> ,"( "(J , ,':11 "',. , , d. ) ::.) "'Ill ,-) ., ::1 ~ij r.,) ..;;