HomeMy WebLinkAbout03-1354IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, )
)
)
)
)
)
)
Defendants. )
NO.
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attomey contained in the Guaranty, a
copy of which is attached as Exhibit "A" to the Complaint filed in this action; and the Note, a copy
of which is attached as Exhibit "B", the undersigned attorney hereby appears for Defendants and
confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against
Defendants, jointly and severally, as follows:
Principal Debt
Interest through 3~5~03
Attorney's Commission
Total
$10,125.00
72.17
1,019.72
$11,216.89
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff, NO.
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
COMPLAINT IN CONFESSION OF
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
BANK_FI: 193873-1 000011-111726
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, )
)
)
)
)
)
)
Defendants. )
CUMBERLAND COUNTY, PENNSYLVANIA
No. 0 3- ) ~ ~5f
COMPLAINT IN CONFESSION OF JUDGMENT
NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly
AND
Pittsburgh National Bank, by and through its counsel, Tucker Arensberg, P.C., and files this
Complaint confessing judgment in its favor, stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking
association organized and existing under the laws of the United States of America and a citizen of
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2. Defendants are Curtis E. Bowen and Karen J. Bowen whose last known address is
320 North 24th Street, Camp Hill, PA 17011.
3. Defendants, on April 17, 2000, executed a Commercial Guaranty ("Guaranty") and
thereby guaranteed prompt and punctual payment of the indebtedness due under a certain
Promissory Note ("Note") between PNCB and Smith and Bowen dated Apdl 17, 2000. True and
correct copies of the Guaranty and Note are attached hereto, incorporated herein and labeled,
respectively, Exhibits "A" and "B".
4. By the Guaranty, Defendants, jointly and severally, promised to guarantee to pay
Plaintiff the principal sum of $22,500.00 together with interest thereon in the manner provided by
the Note.
5. There has been no assignment of the Guaranty.
6. Judgment has not been entered on the Guaranty in any jurisdiction against the
Defendants or either Defendant.
7. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
8. By Warrant of Attorney contained in the Guaranty, Defendants authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived
the benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attomey contained in the Guaranty, judgment may now
be entered against Defendants as payment on the Note was not made when due thereby creating
an event of default under the Note and accelerating all amounts due thereunder.
11. Under the Guaranty, the following amounts are now due by Defendants to PNCB:
Principal Debt
Interest through 3/5/03
Attorney's Commission
Total
$10,125.00
72.17
1,019.72
$11,216.89
12. Under t he terms o f t he Guaranty, Defendants a re liable t o P NCB f or attomey's
commission of ten percent for collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants
Curtis E. Bowen and Karen J. Bowen, jointly and severally, as authorized in the Warrant of
Attorney contained in the Guaranty, in the sum of $11,216.89 together with interest and costs of
suit.
TUCKER ARENSBERG, P.C.
By
-:2-
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
' ' ' COMMERCIAL GUARANTY
References in the shaded area are for Lender's use only and do not limit/he applicabilit~ of this document to an)~ particular loan or item.
Borrower: SMITH AND BOWEN (TIN' 25-1794356 ,/~/
5- · ) ender: PNC BANK, NATIONAL ASSOCIATION
7 g6 WABASH AVENUE ONE PNC PLAZA
PITTSBURGH, PA 15220 ~,'~ / 249 FIFTH AVENUE
· PITTSBURGH, PA 15222-2707
Guarantor: CURTIS E. BOWEN and KAREN J. BOWEN .~,/~( ~ /
320 NORTH 24TH STREET
CAMP HILL, PA 17011
AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited.
CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, CURTIS E. BOWEN and KAREN J. BOWEN ("Guarantor")
absolutely and unconditionally guaranlee and promise to pay, Jointly and severally, to PNC BANK, NATIONAL ASSOCIATION ("Lender") or its
order, In legal tender of the United States of America, the Indebtedness (aa that lerm is defined below) of SMITH AND BOWEN ("Borrower") to
Lender on the farms and conditions sel forth in this Guaranty. Under this Guaranty, the tiabillty of Guarantor Is unlimited and the obligallons
of Guarantor are continuing. '
DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means SMITH AND BOWEN.
Guarantor. The word "Guarantor" means CURTIS E. BOWEN and KAREN J. BOWEN, who are signing this Guaranty jointly and severally.
Guaranty. The word "Guaranty~ means this Guaranty made by Guarantor for the benefit of Lender dated Apdl 17, 2000.
Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities,
obligations, debts, and indebtedness to Lender, now existing Or hereinafter incurred or created, including, without limitation, all loans, advances,
interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of
them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily
incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable
individually or jointly with others, or pdmadly or secondarily, or as guarantor or surely; whether recovery on the Indebtedness may be or may
become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness adses from transactions which may
be Voidable on account of infancy, insanity, ultra vires, or otherwise.
Lender. The word "i. ender" means PNC BANK, NATIONAL ASSOCIATION, its successors and assigns.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, secudly agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
NATURE OF GUARANTY. Guarantor's liability under this (~uaranty shall be open and Continuous for so long as this Guaranty remains in force.
Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at matudly or eadier by reason of acceleration or
otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor
in connection with any remaining portions of the Indebtedness or any of the Indebtadness which subsequently adses or is thereafter incurred or
contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any
group of Guarantors, or against all the Guarantors in one action, without affecting the dght of Lender to proceed against other Guarantors for amounts
that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender)
will not affect Lender's dght to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice
to Guarantor or to Borrower, and will continue in full force Until all Indebtedness incurred or contracted before receipt by Lender of any notice of
revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in
full. If Guarantor elects to revoke this Guaranty, Guarantor ~may only do so in wdting. Guarantor's written notice of revocation must be mailed to
Lender, by certified mail, at the address of Lender listed above or such other place as Lender may designate in wdting. Written revocation of this
Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's whiten revocation. For this purpose
and without limitation, the term "new Indebtedness" does not include Indebtedness which al the time of notioe'of revocation is contingent, unliquidaled,
undetermined or not due and which later becomes absolute, liquidated, detarmioed or due. Notice of revocation shall be effective only as to the
particular Guarantor providing the notice, and shall not affect the liability of other guarantors. This Guaranty will continue to bind Guarantor for all
Indebtedness incurred by Borrower or committed by Lender pdor to receipt of Guarantor's written notice of revocation, including any extensions,
renewals, substitutions or modifications of the Indebtedness.' All renewals, extensions, substitutions, and modifications of the Indebtedness granted
after Guarantor's revocaMon, are contemplated under this Guaranty and, specifically will not be c~,,"<idered to be new Indebtedness. This Guaranty
shall bind the estate of Guarantor as to Indebtedness created, both before and after the death or incapacity of Guarantor, regardless of Lender's actual
notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in
the same manner in which Guarantor might have terminated, t and with the same effect. Release of any other guarantor or termination of any other
guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more
Guarantors shall not affecl the liability of any remaining Guarantors under this Guaranty. It Is anticipated that fluctuations may occur in the
aggregate amount of Indebtedness covered by this Guaranty, and Il Is specifically acknowledged and agreed by Guarantor that reducllons In
the amount of Indebledness, even to zero dollars ($0.00), prior !o written revocation of this Guaranty by Guarantor shall not conslllute a
termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long ss any of the
guaranleed Indebtedness remains unpaid and even though the Indebtedness guaranleed may from time lo time be zero dollars (So.Ix)).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or
demand and without lessening Guaranlor's liability un r .thl- ~ ...... *. ......... ~O time: (a) prior to revocation as set forth above, to make
one or more additional secured or unsecured loans ;XHIRIT lent or other goods to Borrower, or otherwise to extend
additional credit to Borrower; (b) to alter, compron ..... ...... Be, or omerwlse .... cnange one or more times the time for
payment or other terms of the Indebledness or any p; ~, ling Increases and decreases of the rile of Interest on the
Indebtedness; extensl°ns may be repealed and may I~ ~ "~' l~'-~k.' t rii ii~¢~u~2! ~r~ j~i ~e2¢! h~nnl~ or ~n~!~ Ir ~m~o°n~ ~u~ cPSh~:r ~r~!~J
this Guaranty or the Indebtedness, and exchange, e~ ' t
with or without the substitution of new collateral; (~] '
· 04-1'7-2000 COMMERCIAL GUARANTY P, age 2
· Loan No (Continued)
sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (e) to determine how, when and whal application
of payments and credits shall be made on the Indebtedness; (f) to apply such sscurily and direct the order or 'manner of sale lhereof,
including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in Ils
discretion may determine; (g) to sell, transfer, assign, or grant participations In all or any part of the Indebtedness; and (h) !o assign or
transfer this Guaranty in whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements
of any kind have been made to Guarantor which would limit or quality in any w~y the terms of this Guaranty; (b) this Guaranty is executed at
Borrower's request and not at the reqUest of Lender; (c) Guarantor has full power, right and authority to enter Into this Guaranty; (d) the provisions of
this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation
· of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior wrilten consent of Lender,
sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (f) upon
Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information
which currently has been, and all future financial information which will be provided to Lender is and will be true and correct inall material respects and
fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has occurred in
Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may
materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including
those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of
Borrower; and (j) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's
financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way
affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information
· or documents acquired by Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to
extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the
Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonacfion on the part of Borrower, Lender, any surety, endorser,
or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resod for
payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any
collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or
private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial
Code; (f) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any lime, with respect to any
matter whatsoever.
Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency" law or any other law which may
· prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of
any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely
affects Guarantor's Subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without Ilmitafion, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of
any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment In full
in legal tender, of the Indebtedness; (d) any dght to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the
Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor Is commenced there is outstanding
Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in
equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any
third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any
similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of
· enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of
setoff, counterclaim, counter demand, recoupmenf or similar right, whether such claim, demand or dght may be asserted by the Borrower, the
Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made
with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to
public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the
extent permitted by law or public policy.
LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to
Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a
· contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of
Guarantor's right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or
on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for
safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of satoff may be exercised
without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the
part of Lender or by any neglect to exercise such right of setoff or to ento,¢3 such security interest or by any delay in so doing. Every right of satoff and
security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in
wdting executed by Lender.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now
existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower
becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
· claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable lo the
payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to
Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankr~Jptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal
tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to
Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender
hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute
such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this
Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
~,." 0.4~.'1,?;.2000 COMMERCIAL GUARANTY Page 3
~Loarf No (Continued)
=
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party
or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a
lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of ALLEGHENY County, Commonwealth of
Pennsylvania. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim broughl by either Lender or
Guarantor against the other. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of
Pennsylvania.
Attorneys' Fees; Expenses. Guarantor agrees to pay ~Jpon demand all of Lender's costs and expenses, including attorneys' fees and Lender's
legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's altorneys' fees and legal expenses
whether or not there is a lawsuit, including attorneys' fees end legal expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs
and such additional fees as may be directed by the court.
Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacslmile (unless
otherwise required by law), and, except for revocation notices by Guarantor, shall be effective when actually' delivered or when deposited with e
nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom
the notice is to be given et the address shown above or to such other addresses as either party may designate to the other in writing. All
revocation nOtices by Guarantor shall be in writing and shall be effective only upon delivery to Lender as provided above in the section titled
"DURATION OF GUARANTY." If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice
purposes, Guarantor agrees to keep Lender informed at ;,11 times of Guarantor's current address.
Interpretation.- In all cases where there is more than one Borrower or Guaranlor, then all words used in this Guaranty in the singular shall be
deemed to have been used in the plural where the context and construction so require; and where there is more then one Borrower named in this
Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower~ and "Guarantor" respectively shall mean all and
any one or more of them. The words "Guarantor," "Borrower," end "Lender" include the heirs, successors, assigns, and transferees of each of
them. Caption headings in this Guaranty are for convenience purposes only and are not to be used lo interpret or define the provisions of this
Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable es to any person or. circumstance,
such finding shall not render that provision invalid or unenforceable es to any other persons or circumstances, and ell provisions of this Guaranly
in ell other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor ere corporations or partnerships, it is not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purpoding to act
on their behalf, and any Indebtedness made or createdl in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty. : ·
Waiver.' Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given In writing end signed by Lender.
No delay or omission on the pad of Lender in eXercising iany right shall operate as a waiver of such right or any other right. A waiver by Lender of
a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with thai provision or
any Other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a
waive/' of any of Lender's dghts or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required
under this Guaranty, the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances
where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
LIMITED RECOURSE AS TO NON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless an
exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies in connection with the extension of the
Indebtedness and the execution of this Guaranty, the spouse who is deemed not to be the "applicant for credit" for purposes of such regulation (the
"Non-Applicant Spouse") shall be personally liable under this Guaranty only with respect to assets held jointly as of the date hereof or hereafter
acquired, and the lien of any judgment, order or other relief against the Non-Applicant Spouse shall be limited thereto. Nothing herein, however, shall
limit the Lender's rights against any person, firm or entity other than the Non-Applicant Spouse.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'FT'ORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED iOR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMouNTs, TOGETHER WITH COSTS OF SUIT, AND AN ATI'ORNEY'S COMMISSION OF
TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($5(X)) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR
SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY
SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO
EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. '
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDs THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED APRIL 17, 2000. =
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR:
04-1~-2000 COMMERCIAL GUARANTY ,age 4
Loan N~ ~
· ..~ ~ .._ ~._ (Continued) / ~
C[JRTIS E, 'B~/*E'i~i ............................. ' ........... KAREN U. SOWEN - U ..................................................
INDIVIDUAL ACKNOWLEDGMENT
/1_
STATE OF "/-J~ )
) SS
ry p Y pp U TIS E. BOWEN and KAREN J. BOWEN, known to me (or satisfactorily proven) to I:~ ~e person
whose names are subscribed to the within instrument, and acknowledged that they execut~ the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and offiCial seal. / ~//~ . ~//] / , ,,/ .
Notary Public i lano rot me - le
LASERPRO, Reg. U.S. Pat.&T.M. Off.,Ver. 3.pe(C)Concentrex2000 AIIrlghtsreservecI.[PA-E2OSMITHBOW.LNCTO.OVL] i L,i~F~_,>r.~ ~.. ~U~li~uiiiui, ~u~.~lt'y
i Camp Hill, Cure. Hand Coun~
[ ~ Commission E~lres June 24,
PROMISSORY NOTE
'" *,.~x~. ~..~ .:~..~ .' ......... .. ~' ........ "'~ ~' ~ ~ ~"~, ""." . · ' · ..~..~:
R~mn~ ~ ~ shaded ar~ =e ~ Lend~s ~ on~ and do not ~ ~ app~b,~
Borm~: SM~ ~ SO~ EI~: ~I~) Lender: PNC B~, NATION~ ~SOClA~
~ W~ A~ ONE PNC
PI~GH, PA 1~ 2~ R~H A~
P~~ PA
Principal Amount: $22,500.00 Initial Rate: 10.000% Date of Note: April 17, 2000
PROMISE TO PAY. SMITH AND BOW~N ("Borrower') promises to pay to PHC BANK, NATIONAL ASSOCIATION ~t.ender"), or orl~er~ In lawful
money of the United Stsles of America, the princlpat amount o! 'rv/enty Tv/o Thousand Five Hundred & 0C/lO0 Dollars ($22,S00.OO), together
with Interest on the unpai¢l prlnotpel balance from April 17, Z000, unUI paid In full.
PAYMENT. ~'uble~-t to any payment changes resulting f~om changes In the Index, Borrower will pay tiffs loan In 59 principal payments of
$375.00 each and one final princlpul and Interest payment of $37a.~3. Dorrmver's first principal payment is due May 15, 2o00, and all
subsuquen! prlncipat payments are due on the same day of each month after that. In addition, Borrower will pay regula~ monthly payments of
all accrued unpaid Interest due es of each payment date. Borrower's first Interest payment Is due May 15, 2CO0, and all subsequent Interest
paymanls ars due on the same day of each month alter that. Borrower's final payment due April 15, aceS, wal be for all principal and accrued
Interest not yet paid. The annual interest rate for this Note'is computed on a 365/360 basis; that Is, by applying the relic of the annual tntarest rate
over a year of 360 dye, multlplted by the ouistanding principal baisr~e, mulflp~ecl by the actual number of clays the pdnctpal be~ is outstanding.
Borrower wtll pay Lander at Lender's &ddress shown above or at such other place as Lender rn~y designate in writing. Unless othe~ agreed or
requ'~ed by appflcebta taw, payments will be abplisd lirst to accrued unpaid Interest, .than to principal, and ~ny remaining amount to any unpaid
VARIABLE INTEREST RATE. The Inte,-e~i rata on this Note Is subject to change from lime to lima based on changes in an Index which is the Lender's
prime rate (the 'Index'). The Index Is a rate per annum as p[iblldy annour~',ed by Lender from lime to time as its prfme rate. The prime rata is not tied
to any external rata or Index and it does no~ necessarily refisot the Iowesl rate of In~-e~t acluaily charged by Lender to ~ pedicular ~[ss or category
of cuslomms. Lender will tell Borrower the current Inclex rata upon Borrower's request. Borrower understands that Lender may make loans based on
ofhar rates as well The Interest rate change wil not occur more often than each day. The Index currenlty le g.0OO% per anaum. The I~tersst rate
to be applied to the unpaid principal balance of this gote ~ be at a rate of 1.0co percentage point over the Index~ resulting In an Initial rate of
10.000% per annum. NOTlCE: Under no cimumstances will the Interest rate on this Note be more t~mn the maximum rata Mowed by applicable law.
PREPAYMENT. Borrower may pay without penalty all or a pod]on of the amount owed eadler than it is due. Early payments will nc~, unless agreed to
by Lander in writing, ralkwe Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they wEI reduce the
principal batanca due and may result In Borrower maldng fewer peyments.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpatd pertion o! the regularly scheduled payment
or $100.00, wldcbever Is less.
DEFALI.T. Borrower will be In default if any of the f~owing happens: (a) Borrower fa~s to make any payment when due. (13) Borrower breaks any'
promise Borrower has mede to Lender, or Borrower ~'ls to.comply v/lth or to perform when due any other term, obligation, covenant, or
contained In fids Note or any agreement relaisd to this Note, or In any other agmarnant or loan Borrower has with Lender. (c) Borrower defaults under
any loan, extenalon of credit, security agreement, purchase or sales &greement, or a~y other agreement, in favor of any other creditor or person that
ri'my mothy affect any of Bo~ower's properly or Borrower's ability to repay this Nob or perform Borrower's obllgeltons under this Note er any of the
Retated Dcoumente. (d) Any representation or statement mede or furnished to Lender by Borrower or on Borrower's beheJf is false er mbteacilng In any
meteflal respect either now or at the lime mede or fundshecL (e) Any parinar dies or any of the partners or Bon'ower becomes Insofvant, a receiver is
appointed for any pad of Borrower's prope~y, Bah'ewer makes an.assignment for the benefit of creditors, or any proceeding is commenced either by
Borrower or against Borrower under any bankrupl~y or insolvency laws. (0 Any crndilor trtes to take any of Borrower's prupe,.~/on or in which Lender
has · lion or security Interest. This Includes a gernishmanl of any of Borrower's accounts with Lender. (g) Any of the evenls cl~bad Itl this
section occurs with raspect to any general partner of Bo~owar ar any guarantor of this Note. (h) A material adverse c~n~nga oc~urs In Borrower's
linenciai condition, or Lender ballevas the.prespect of peymar~t or performance of the Indebtedness is impaired.
LENDER'S RIGHTS. Upon cla~ult, Lender may, after giving such not]cas as required by applicable taw, dectara the entke unpaid principal balance
this Note and ali accrued unpaid Interest immediately due, end lhen Borrower will pay that amounL Upon default, Including laEure to pay upon final
maturily, Lender, at Its oplisn, may aJso, if permitted under applcable law, Increase the varlabta Interest rata on this Note to 6.000 percentage points
over the Index. The interest rata will not exceed the maximum rate permlltad by uppr~able law. Lender may hire er pay someone else to help collect
this Note if Borrower does not pay. Borrower atso will pay Lender that amounL This Includes, subject to any limits under applicable law, Lender's
attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings
(including efforts to mocllfy er vacate any automatic stay or tnjueclion), appeals, and any anticipated post-Judgment oolleclton services. If
proh~ltad by applicable law, Borrower also will pay any coud coals, In add]lion to all other sums provided by law. If judgment is entered in connection
with this Note, Interest v/B conllnue to acerua on this Note after judgment at the Interest rate uppllcable to this Note at the lime judgment is entered.
This Note has been (lativered lo Lender and accepted by 'lander In the Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees
upon Lender'e request lo ',ubmlt to the lurisdicllon of the courts of ~ ~_;_GHEN¥ County, the Commonwealth of Pennaylvente. Lender and
Borrower hereby ~ralve rite right to any Jury Irtal In any a~ton, proceeding, or counterclaim brought by either Lender or Borrower agalnsl lhe
other. This Note shall be governed by and construed In accordance ~ the tatvs of the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. Berrower grants to Lender a conlra~uai security Interest in, and hereby assigns, conveys, deilvem, pledges, and Iransfms to
Lender al Borrower's fight, lille and Interest in and to, Berrowe~s accounts with Lender (whether checking, savfngs, or some other ~=count), including
wlthout.]lmltal~on..al.I a .ccounts h.eid, joi.n .1~. ~ someone.else and.ail accounts Borrower may open In the future, excluding however all IRA and Keogh
penm y ppimao · law, to cnarge or seloff all sums owing on this Note against any and all such ac=ounl$.
COLLATERAL. This Note is secured by, in addition to any'othe~ colateml, a Morlgage d~tad April 17, 2~XX)0 to Lender on real properly located In
ALLEGHENY County, Commonwealth of Pennsylvania, aa the. terms and condlttons of which ara hereby Incorporated and mede a part of this Note.
FINANCIAL II~FORMATIOI~ PROVISION. Borrowa~ ~[~[ ~lch~l~hother business info.nation oonsarnlng Bun-ewer that Lender
may request from lirne to lima, such as annual and i~
· =counling principles) and federal Income tax retumsi ~. .-. u I shall be prepared In accordance with generally accei:~ed
YEAR ~0OO COMPLI~I. NCE. Borrower has reviewerS_ (~j' ~ operations which coutd be adversary ~.t~ by, a~
, .:.. PROMISSORY NOTE Page 2
Loan No ; ~: (ConUnued)
developed or Is de~toplng a pr .oqJ. J.J.J.J.J.J.J.~m~. to ~u:ldress on a timely basis the rL~ that cedaJn comput~ applications used by Bon'owm' may be unable to
recognize and per~rm propet'[y d~nsllive funcltons Involving d~les prlor to and after Decemb~ 31, lggg (It~."Year 2000 Problem"). The Year
2000 Problem wll hot result, and lj'-not reasonably expected to result, In .any ma~erlal ~Klverse effect on the buslnees, prc~ellles, assets, financial
condition, results of operations or _1~1~_ peuls of aonower, or the ability of Borrower to dlJly and punctual~ pay or perform Ils obligations hereunder and
under the Retated Documents.
GENERAL PROVISIONS. Lendor~y delay o/forgo enforcing any of Its rights ~ remedies under this Nole without 10rdng them. Borrower and any
ofher pe~..n who s~g~, guar.an~ endorses t~s Note, to the extent Mowed by law, waive p .r?. rdrnenl, demand f(x payment, pre:test and notice of
dishonor, upon any cnange m the.fi'ms of this Note, and unless othenvise expressly staled in writing, no party who signs this Note, whether Lq maker,
guarantor, acc~mm.bda~on maker ar'endomer, shall be released fi'om liability. Al s~h parties agree thai Lender may renew or extend Ltapaateclty and
for any length of time.) this loan, ~ I]T/M,se Any party, partner, or guarantor (x collatond; (x ImpeJr, Mi to rMli2e upon or pede~ Lender's security Interest
In the collateral; anU take any o~..~tlon deemed ra~u,,a,~u'y by Lender without the consent ol or notice to anyone. Al such parlles also agree that
Lender nmy moclh'y:thLq loan wlthou['[he consenl of or nottoe to anyone other than the patty with whom the modillcallon Is made. If any portion of this
Note Is lot any m~..n UelermlnsKI ~ unenforceable, It wa nol affect the enforceabBly of any other provisions of this Noto.
CONFESSION OF ,)UDGMENT. B(:~OWEJ:[ HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF AN~. COURT INTI-~OMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY ..TIME FOR BOP, J:~OWER AFTER
A OI~'AULT UNDER. THIS NOTE,'~9O WITH OR WlTHCXJT. 'COMPLNNT FI .L~, AS OF ANY TERM, ~..CONI~S~. OR:ENTER JUOGNENT AGAINST
BORROWER FOR THE ENTIRE I:~IPN~ BALANC~ OFTHI$ NOTE, ALL ~LIED l~b~T, LAi~ CI-[(RGE~,'N~D ANY AND ALL NIdOUNT$
EXPENDED OR ADVANCED BY [3~NDER RELA'nNG TO AN~ COLLATERAC ~CURJNG THIS NO'~ T(:~'THELq_ WITH INTERESt ON SUCH
AMOUNTS, TOGETHER'WITR_CC~'S CIF 81JIT, AND AN ATI'ORNEY'8 COKtM.~. ICON OF. TE__N__ .PERCENa['~IO~I'OF .THE UNg~. 'PRINCIPAL
EUU.ANCE ANO AqCRUEO I ~1~ FOR'COLLEC'nON, BUT ~N ANY EVl~RT IqO'r LE~)S.'TH~N R~'E HU~ORE0- D~S ~C]0) ON WHICH
JUDGMENT OR JUDGMENTS O1~1 MCIRE .I~...CUTIONS M~..¥'ISSUE IM~TELY; AND FOI~. SO DO~N~3~ THiS NOTE OR A~COFY elf THIS
NOTE '~"RIFIED ~ AFFIDAI,~"r ~ a£ StJ~iCENT' wN~W~'r. THE ~brt-ioRr~ G~NTEO. IN THIS NOTE Td CO.I~'E~ JUOGMENT
AGAINb"T SORROWER SHALL N(3~r~E EXHAU,.q11~ BY ANY EX]~RClSE OF 'I'R~T ~,UTHORrrY, BUT ~ P,_,~N'I1KI~E FROM TIME~O TIMI~ AND
AT ALL TIMES UNTIL PAYMENT II~q. JU. OF ,aLL. AMOUNTS OI.E UI~DER THiS NOTE, BORROWER HEREI~Y'W)dVE$ ANY RIG~IT BORROWER
MAY HAVE TO NCTriCE OR TO ~NG IN CONNECTION WITH ANY SUCH CONFESSION OF JUD(~MENT, EXCEPT ANY NOT1CE ANDIOR
HEARING REQUIREO UNDER AII~LI~ LAW Wtrl'H RE~CT TO EXECJJTION O~"1'1-~ JUDGM'E..NT, ~ STATES THaT ErlTIER A
REPRESENTATIVE; OF LENDER ~.CLelC~Y CALLED THIS CONFE~ION Otc JUDGMENT 'PRC:~q~iON"TO I~.'~J:IOWF_R~ A"i:TENTION OR
BORROWER HAS ,BEEN REPRE~ BY INDEPENDENT LE~,N. COUNSEl,
PRIOR TO SIGNIN~ THIS NQ'rlEi"~RROWER READ AND UNOERSTOOD ALL TtE PROVISIONS ~OF THIS NO .'~. INCLUDING THE VARIABLE
INTEREST RATE I~ROVI$1ONS..~ORROWER AGREES TO THE TERMS O~"TI~ NOTE AND ~CKNOWLEDGE~ RECEIITr OF A COMPLETED
coeY oF THE N.O!F--
THIS NOTE HAS BEEN SIGNED ~ SEALEO say TH~ UNDERSIGNED.
BORROWER: i '~'"
SMITH),ND BOW~. : ~ ~ ' '
Vartlbtl Rite. Frln~=lpa! + I?lra~t."' ~. ~ F~Oo F[e~. I~.S. Pat. & T.M. Off., VI', ~ql ~3~t-~ 0 Allrlghtl rll~. J~aR-D2o SMITH BoW.LN C70.01a.I
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, )
)
)
)
)
)
)
Defendants. )
NO.
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15265
and that the last known address of Defendants is:
320 North 24th Street
Camp Hill, PA 17011
By
Donna M. Donaher, Esquire
Attomey for PNC Bank, National Association
AFFIDAVIT
The undersigned hereby certifies that the judgment to be entered in this action is not being
entered against a natural person in connection with a consumer credit transaction. To the
contrary, the underlying transaction is a commercial transaction.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subscribed
before me this 2'[''¢'' day
of ~ ,2003.
Notada~ Seal
M¢lissa Szalkay, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Oct. 31, 2005
~ember, Pennsylvania Association ot Notaries
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANTS IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
Pennsylvania Rule of Civil Procedure 2959 - Strikinq Off Judqment.
(a)(1) Relief From a judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has stayed
execution despite the timely filing of a petition for relief from the judgment and the presentation
of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the Defendants
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
VS.
Plaintiff,
NO.
AFFIDAVIT OF NON-MILITARY
SERVICE
CURTIS E. BOWEN and
KAREN J. BOWEN,
Filed on behalf of Plaintiff,
PNC Bank, National Association
Defendants.
Code:
Counsel of Record for This
Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
NO.
Personally appeared before me, the undersigned authority, John Matlak, who, being duly
sworn according to law deposes and says that upon inquiry, and from his own personal
knowledge, he knows and avers that the defendants in the above action are not in any branch of
the military service of the United States.
John Ma~
Assistant President and
Attorney Relations Manager
Sworn and subscribed
before me this '~ t day
of ~4,~-~,c1 ,2003.
My commission expires:
194228_1
Notariai Seal
Melissa Szalkay. Notary Public
City of Pittsburgh. Allegheny County
My Commission Expires Oct. 31, 2005
Member, Pennsylvania ~ssociation of Notaries
VERIFICATION
The undersigned, John Matlak, hereby verifies the statements of fact contained in the
attached Complaint in Confession of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Date:
BANK_Fh193873-1 000011-111726
By:
John Matla ~'
Assistant V :e President and
Attorney Relations Manager
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, )
)
)
)
)
)
)
Defendants. )
NO,
TO:
Karen J. Bowen
320 North 24th Street
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
'"'/&5//..~- ? / ,2003, a Judgment by Confession of
Please
take
notice that on_
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $11,216.89, plus costs.
Prothonotary, Cumb~rlar~d (~(~un~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Plaintiff,
Defendants.
NO.
TO:
Curtis E. Bowen
320 North 24~h Street
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
Please take notice t hat o n _~ -- ,Z ? ,2 003, a Judgment b y Confession o f
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $11,216.89, plus costs.
Prothonotary, Cumber:land
NO.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1354
CERTIFICATE OF SERVICE
UNDER RULE 2958.1
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
NO.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1354
CERTIFICATE OF SERVICE UNDER RULE 2958.1
The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of
Judgment and Execution thereon, upon the Defendants on April 8, 2003, by certified mail, at the
following address:
320 North 24th Street
Camp Hill, PA 17011
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
197571 _1
TUCKER ARENSBERG, RC.
CELEBRATING A CENTURY OF SERVICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
)
)
CURTIS E. BOWEN and )
KAREN J. BOWEN, )
Defendants.
No. 03-1354
Notice Under Rule 295811
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Curtis E. Bowen
320 North 24th Street
Camp Hill, PA 17011
A judgment in the amount of $11,21 6.89 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE yOUR RIGHTS.
1500 ONE PPG PLACE PI']-TSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-maih tapc@tuckerlaw, com
www.tuckerlaw.com
TUCKER ARENSBERG, P.C.
CELEBRATING A CENTURY OF SERVICE
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
195933_1
1500 ONE PPG PLACE
PI'I-FSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area - Harrisburg
E-mail: tapc@tuckerlaw, com
www.tuckerlaw.com
TucX P,. P.C.
CELEBRATING A CENTURY OF .~ERVICE
IN THE GOURT OF GOMMON PLEAS OF OUMBERLAND GOUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1354
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Karen J. Bowen
320 North 24th Street
Camp Hill, PA 17011
A judgment in the amount of $11,21 6.89 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-maiL tapc@tuckerlaw.com
www.tuckerlaw.com
Tuc F.P,. P..C.
CELEBRATING A CENTURY OF SERVICE
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
By
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
195933_1
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckerlaw.com
www.tuckerlaw.com
· Complete items 1, 2', and 3. Also complet~ . :: :
· Print your name and address on the reverse-,".~ ';'-'
so that we can,tutum the card to yolk.
· Attach this card to the
or on the front if space permits.:
2. Nticle Number
PS Form 38~lg~,%JgJ~t~m
1000 0004 9736 1404
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1354
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
CONSENTED TO MOTION TO VACATE ,JUDGMENT
AND NOW, comes the Plaintiff, PNC Bank, National Association ("PNC Bank"), by and
through its counsel, Tucker Arensberg, P.C., and flies this Consented to Motion to Vacate
Judgment, stating as follows:
1. On March 27, 2003, the Plaintiff filed a Complaint in Confession of Judgment and
thereby obtained a judgment against both Defendants in the amount of $11,216.89.
2. The parties have subsequently reached an agreement pursuant to which the
Defendants have agreed to payoff the remaining balance due and owing to PNC Bank on the
subject obligation after having secured a home equity loan to finance the payoff.
3. Accordingly, PNC Bank has agreed to have vacated the judgment entered in this
instant action.
WHEREFORE, PNC Bank, National Association, requests this Honorable Court to grant
this Motion to Vacate the above-referenced judgment in accordance with the proposed Order of
Court. Respectfully submitted,
TUCKE~ARENSBERG, P..C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566.-1212
Attorney for PNC Bank,
National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1359
CONSENTED TO MOTION TO
VACATE JUDGMENT
Filed on Be,half of Plaintiff,
PNC BANt<:, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1359
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
CONSENTED TO MOTION TO VACATE JUDGMENT
AND NOW, comes the Plaintiff, PNC Bank, National Association ("PNC Bank"), by and
through its counsel, Tucker Arensberg, P.C., and files this Consented to Motion to Vacate
Judgment, stating as follows:
1. On March 27, 2003, the Plaintiff filed a Complain~~. in Confession of Judgment and
thereby obtained a judgment against both Defendants in the amount of $56,762.79.
2. The parties have subsequently reached an agreement pursuant to which the
Defendants have agreed to payoff the remaining balance due and owing to PNC Bank on the
subject obligation after having secured a home equity loan to finance the payoff.
3. Accordingly, PNC Bank has agreed to have vacated the judgment entered in this
instant action.
WHEREFORE, PNC Bank, National Association, requests this Honorable Court to grant
this Motion to Vacate the above-referenced judgment in accordance with the proposed Order of
Court. Respectfully submitted,
TUCKER ARENSBEI~ P.C.
Don~-~ M. Donaher, EsquJre
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1;!12
Attorney for PNC Bank,
National Association
iN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs,
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-14.";1
CONSENTED TO MOTION TO
VACATE JUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel ef Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgi~, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, ) No. 03-1451
)
)
VS.
CURTIS E. BOWEN and )
KAREN J. BOWEN, )
)
Defendants. )
CONSENII:D TO MOTION TO VACATE JUDGMEN_T
AND NOW, comes the Plaintiff, PNC Bank, Nationa Assoc[at'on ( PNC Bank"), by and
through its counsel, Tucker Arensberg, P.C., and files this Consented to Motion to Vacate
Judgment, stating as follows:
1. On March 31, 2003, the Plaintiff filed a Complainer in Confession of Judgment and
thereby obtained a judgment against both Defendants in the amount of $175,467.46.
2. The parties have subsequently reached an agreement pursuant to which the
Defendants have agreed to payoff the remaining balance due and owing to PNC Bank on the
subject obligation after having secured a home equity loan to finance the payoff.
3. Accordingly, PNC Bank has agreed to have vacated the judgment entered in this
instant action.
WHEREFORE, PNC Bank, National Association, requests this Honorable Court to grant
this Motion to Vacate the above-referenced judgment in accordance with the proposed Order of
Respectfully submitted,
Court.
TUCKFR ARENSBERG, P.C.
Donna M.
1500 ()ne PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank,
National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1354
PRAECIPE TO SATISFY JUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1354
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
PRAEClPE TO SATISFY JUDGMENT
TO: Prothonotary, Cumberland County
Kindly mark the judgment in the above-referenced matter, entered in favor of Plaintiff
and against the Defendants, Curtis E. Bowen and Karen J. Bowen, as satisfied.
Sworn to and subscribed
before me this t'"l+'' day
of c_~p~,~,.~, 2003.
'~Notary Public
BANK_FIN:206931-1 000011-111726
Respectfully submitted,
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Notarial Seal
Melissa Szalkay. Notary Public
City of Pittsburgh Allegheny County
My Commission Expires Oct. 31, 2005
Member, Pennsvlvania Association ot Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1354
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
ORDER OF (~OURT
AND NOW, this ~ day of ""'~ , 2003, the within Motion to Vacate
Judgment is GRANTED. The judgment entered at Docket No. 03-1354 is hereby vacated
without prejudice to PNC Bank, National Association for refiling the judgment on the Warrant of
Attorney.
Moreover, the Defendants, Curtis E. Bowen and Karen J. Bowen, are hereby deemed to
have forever waived as a claim against PNC Bank, National Association or as a defense to an
action by PNC Bank, National Association, exhaustion of the Warrant of Attorney contained in
the Commercial Guaranty dated April 17, 2000 ("Guaranty") should PNC Bank, National
Association chose to refile a Complaint in Confession bas .e~~/'~nty.
CONSENTED TO BY:
Donna M. Donaher
Attorney for PNC Bank, National Association
Euge~n~e P~i~sk~q uire
Attorney for Curtis E. Bowen and Karen J. Bowen
BANK_FIN:206412-1 000011-111726
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1354
CONSENTED TO MOTION TO
VACATEJUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
OF CUMBERLAND COUNTY, PENNSYLVANIA
)
)
) No. 03-1354
)
)
)
)
)
)
Defendants. )
CONSENTED TO MOTION TO VACATE JUDGMENT
AND NOW, comes the Plaintiff, PNC Bank, National Association ("PNC Bank"), by and
through its counsel, Tucker Arensberg, P.C., and files this Consented to Motion to Vacate
Judgment, stating as follows:
1. On March 27, 2003, the Plaintiff filed a Complaint in Confession of Judgment and
thereby obtained a judgment against both Defendants in the amount of $11,216.89.
2. The parties have subsequently reached an agreement pursuant to which the
Defendants have agreed to payoff the remaining balance due and owing to PNC Bank on the
subject obligation after having secured a home equity loan to finance the payoff.
3. Accordingly, PNC Bank has agreed to have vacated the judgment entered in this
instant action.
WHEREFORE, PNC Bank, National Association, requests this Honorable Court to grant
this Motion to Vacate the above-referenced judgment in accordance with the proposed Order of
Court. Respectfully submitted,
TUCKE~ ARENSBERG, p..C.
By
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attomey for PNC Bank,
National Association