HomeMy WebLinkAbout03-1401IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CARLA D. SMITH,
)
)
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Plaintiff, ) No. ~)._~- / ~[0 /
)
)
)
)
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Defendant. )
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CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney 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 Defendant and
confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against
Defendant, 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, Esqui-~
Attorney for PNC Bank, National Association
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO. 0¢- /Wo'/
VS,
CARLA D. SMITH,
Defendant.
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:193876-1 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.
CARLA D. SMITH,
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
Defendant.
COMPLAINT IN CONFESSION OF JUDGMENT
comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION,
AND NOW, formedy
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. Defendant is Carla D. Smith whose last known address is 1008 Forbes Road,
Carlisle, PA 17013.
3. Defendant, 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 April 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, the Defendant 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.
Defendant.
7.
Judgment has not been entered on the Guaranty in any jurisdiction against the
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, Defendant authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the
benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now
be entered against Defendant 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 Defendant to PNCB:
Principal Debt
Interest through 3/5/03
Attorney's Commission
Total
12. Under the terms of the
commission of ten percent for collection.
$10,125.00
72.17
1,019.72
$11,216.89
Guaranty, Defendant are liable to PNCB for attorney's
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant
Carla D. Smith, 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.
Donna M. Donaher, E~-quire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-2-
Rmerences ~n the snaded area are for Lenders use only and do not limit the applicabilib/of this document to an~/particular loan or item.
Borrower:
Guarantor:
SMITH AND BOWEN (TIN: 25-1794356)
78-96 WABASH AVENUE
PITTSBURGH, PA 15220
DAVID E. SMITH and CARLA D. SMITH
lOOa FORBES ROAD
CARLISLE, PA 17013
Leoder:
PNC BANK, NATIONAL ASSOCIATION
ONE PNC PLAZA
249 FIFTH AVENUE
PITTSBURGH, PA 15222-2707
AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited.
CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, DAVID E. SMITH and CARLA D. SMITH ("Guarantor") absolutely
and unconditionally guarantee and promise to pay, jointly and severally, to PNC BANK, NATIONAL ASSOCIATION ("Lender") or Its order, In
legal tender of the .Uniled States of America, the Indebtedness (as that term is defined below) of SMITH AND BOWEN ("Borrower") to Lender
on the terms and conditions set forth In this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations 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 DAVID E. SMITH and CARLA D. SMITH, who are signing this Guaranty jointly and severally~
/4~n. Uaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated April 17, 2(X)0.
debtedness. The word "indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities
/.ob. ligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advancesl
J !.ntarast, costs, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any oi
// !hem, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness Is voluntarily or involuntarily
'7 !rm..urred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Sorrower may be liable
/ individUally or jointly with others or primarily or secondarily, or as guarantor or sure ; whether rec v
~../become barre · ty o ery on the Indebtedness may be or may
/ d or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may
iJ be voidable on a_ccount of infancy, Insanity, ultra vires, or, otherwise.
Lender. The word "Lender' means PNC BANK, NATIONAL ASSOCIATION, its successors and assigns.
Relaled Documents.. The words "Related Documents" mean and include without limitation all promissory noles, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, modgages, 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 Guaranty shall be open and continuous for so long as this Guaranty remains in force.
Guarantor intends lo guarantee at all times the performance and prompt payment when due, whether at maludty or earlier by reason of acceleration or
otherwise, of all Indebtedness. Accordidgly, 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 Indebtedness which subsequently arises 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 right 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 right to proceed against any or all remaining Guarantors for all or pad 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 bean fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in
full. If Guarantor elects lo revoke this Guaranty, Guarantor :may only do so in writing. Guarantor's wdttan 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 writing. Written revocation of this
Guaranty will apply only to advances or new Indebtedness c?eated after actual receipt by Lender of Guarantor's written revocation. For this purpose
and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidatad,
undetermined or not due and which later becomes absOlute, liquidated, determined 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 prior 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 revocation, are contemplated under this Guaranty and, specifically will not be considered to be ,~w 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 lermlnate this Guaranty in
the same manner in which Guarantor might have terminated' it and with the same effect. Release of any other guarantor or termination of any other
guaranty of the Indebtedness shall not affect the liab ty of Guarantor under this Guaranty. A revocation received by Lender from any one or more
Guarantors shall not affect the liability of any remaining G0arantors under this Guaranty. It Is anticlpaled lhat fluctuations may occur In the
aggregale amount of Indebtedness covered by this Guaranty, and It Is specifically acknowledged and agreed by Guaranlor Ihat reductions In
lhe amount of Indebledness, even to zero dollars ($0.00), prior !o wrilten revocation of this Guaranty by Guarantor shall nol conslllute a
termination of Ibis Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the
guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranleed may from time Io lime be zero dollars ($0.00).
GUARANTOR'S AUTHORIZATION TO LE,N_DER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or
demand and without lessening Guaranlor s liability under tL.
_e: (a) prior lo revocation as set forth above, to make
one or more additional secUred or unsecured loans to B! EXHIBIT l)r other goods to Borrower, or othe~vise to extend
additional credit to Borrower; (b) to alter, compromise,' ,. Iotherwlse change one or more times the lime for
paymenl or other terms of the Indebledness or any part ofl~ -." /~ ,~ llcreases and decreases of the rate of Interest on the
Indebtedness; extensions may be repeated and mav be forl3_ ~ lerm; (c) to lake and hold security for the payment of
this Guaranty or the Indebtedness, and exchange,'enforc;lls · '~ ,.ecide not to perfect, and release any such security,
with or wllhout the substitution of new collateral; (d) to · Ilo sue, or deal with any one or more of Borrower's
04-17-2000 COMMERCIAL GUARANTY
· Loan No (Continued) P, age 2
sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (e) to determine how, when and what application
of payments and credits shall be made on the Indebtedness; (f) to apply such security and direcl the order or manner of sale thereof,
Including wilhoul timltalion, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of Irust, as Lender In its
discretion may determine; (g) to sell, transfer, assign, or grant participations In all or any part of the Indebtedness; and (h) to aeeign 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 way 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, dght 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 written 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 in all material respects and
fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no m~{tarial 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 nonaction 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 properly 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 time, 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 limitation, any loss of
dghts Guarantor may suffer by reason of any law limiting, quailing, 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 right 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 Gua~ranty for any claim of
setoff, counterclaim, counter demand, recoupment or similar dght, whether such claim, demand or right 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 setoff may be exercised
without demand upon or notice to Guarantor. No security interest or dght 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 dght of setoff or to enforce such secur;;;' interest or by any delay in so doing. Every dght of setoff 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
writing 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 to 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
bankruptcy 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 enfome its rights under this
Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
04-17-2000
Loan No
COMMERCIAL GUARANTY
(Continued)
Page 3
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 wdtlng 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 tdal in any action, proceeding, or counterclaim brought 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; Expensea, Guarantor agrees to pay upon demand all o~ 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 attorneys' fees and legal expenses
whether or not there is a lawsuit, including attorneys' fees and 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 telefacsimile (unless
otherwise required by law), and, except for revocation notices by Guarantor, shall be effective when actually delivered or when deposited with a
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 at the address shown above or to such other addresses as either party may designate to the other in wdting. 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 all times of Guarantor's current address.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shell be
deemed to have been used in the plural where the context and construction so require; and where there is more than 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," and "Lender" include the heirs, successors, assigns, and transferees of each of
them. Caption headings in this Guaranty ara for convehience purposes only and are not to be used to 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 as to any person or circumstance,
such finding shall not render that provision invalid or unenforceable es {o any other persons or circumstances, and all provisions of this Guaranty
in all olher respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are 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 purporting to act
on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Waiver. Lender ~hall not be deemed to have waived any rights under this Guaranty unless such waiver is given In writing and signed by Lender.
No delay or omission on the part of Lender in exercising any dght 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 o1' Lender's right otherwise to demand strict compliance with that provision or
any other provision of this Guaranty. No prior waiver b.y Lender, nor any course of dealing between Lender and Guarantor, shall constitute a
waiver of any of Lender's rights 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 nol 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 HEREI~Y IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'r'rORNEY 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 OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN A'I'i'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 ($500) 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 ~ND 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:
4
COMMERCIAL GUARANTY 4
(Continued)-.~,.~ /~ ~age ,
~ / ..:-" .,,- / .
CARL:~.
INDIVIDUAL ACKNOWLEDGMENT
/31
STATE OF F~ )
OF('~ ) ~8
COUNTY ~.__~Lt'P'"'v ~)-~.~r' [CI.,~ o( )
un ersigned Notary Public, personally appe~Fe~ DAVID E. SMITH and CARLA D. SMITH,'known tojf{~ (or s~tisfactodly proven) to be the person
whose names are subscribed to the within instrument, and acknowledged that they exec~tted-the same J~or the purposes therein contained.
· In witness whereof, I hereuntoi~; ,,,j,
LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.29 (C) Concentrex 2000 All rights reserved. [PA-E20 SMITH BQW.LN C70.OVLI
PROMISSORY NOTE
........................ 9~I~
Bor~: SM~ ~D BOW~ ~1~: ~1~) Lender: PNC B~ ~ATION~ ~SOCIA~ON
~ W~H A~ O~ P~C ~
PI~G~ PA 1~0 ~g fi~H A~
P~~ PA
Principal Amount: $22,500.00 Initial Rate: 10.000% Date of Note: April 17, 2000
PROMISE TO PAY. SMITH AND BOWEN ('~orrower") promises to pay to PNC BANK, NATIONAL, ASSOCIATION ("Lender"), or order, in lawful
money of the United States of America, the prLqclpai amount of Twenty Two Thousand Five Hundred & 00/100 Doi;a~s (~22,~0D.00), together
with Interest on the unpaid princlpa! balance ~rom April 17, 2000, unfil paid Lq tull. '
PAYMEHT. Subject to ;my payment changes resulUng ~:om changes in the Index, Borrowar V~ll pay this loan In 59 principal payments of
~7~.00 each and one final principal end Interest payment of $378.23. Borrower's first principal payment ts due May 15, 2000, and all
subsequent principal payments are due on the same day of each month attar thst. In eddiUon, Borrower will pay regular monthly payments of
ail accrued unpaid interest due as of each peyment date. Borrower's first Interest payment Is due May 15, 2o00, and ail subsequent Interest
payments are due on the same day of each month alter thM. Borrower's final payment due April 15, 200S, wE be for ail principal and accrued
interest not yet paid. The annual interest rMe ~ thla Note 'is computed on a 365/360 basis; that is, by applying the r~,tto of the annual interest rate
over a year of 360 days, mulliplted by' the outstanding principal balance, multiplied by the actual number of days the principal balance is ouistendin0.
Bon~wer w~l pay Lender at Lender's address shown a~ove or at such other pl~ce as Lender rn~y deslgr,=te in w~flng. Urdess othew~se a~,"eed or
required by applicable law, payments will be applied ~ to ~corusd unpaid Interest, than to principal, and any remaining mount lo any unpaid
VARIABLE INTEREST RATE. The Interest rate on ~ Note Is subject to change from time in lime based on changes in an Index which is the Lender's
palms rate (the Inde~J. The Index IS a rate per annum as pdbllc]¥ announced by Lender from lime to lime es lb prime rate. The prime rate is no! lied
to any externaJ rate or index and it does no( nacass~nty reflect the lowest rate of interest aclually char~ed by' Lender to any pertlcul~ otass or category
of customers. Lender wE ts3 Borrower the ounent Index rats upon Borrower's request. Borrower understands thai Lander may re;dm loans based on
diher ndes as well. The Interest rate ch&nge will not occur more often than each day. The Index cm'rent~ Is 9.0o0% per annum. The Interest rate
to be applied to the unpaid prLqcipai balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting in en inUlai rate of
10.000~ ~ annum. NO'IlCE: Under no olmumstences Will the Interest rate on this Note be more than the mmdmum rate allowed by applicable law.
PREPAYMENT. Sorrower may pay without per~lty ~ or a portion of the amount owed e~riler then it is due E~rly payments will not, unless
p.n~p-, mum~ce cue aha may result In Borrower maldng fewer payments. "] ' -, ,,,,= I.~ymem ~;ne~ule. Hamer, rney will raouca the
LATE CHARGE. If s
.... payment IS 15 days or more ;ate, Borrower will be charged S.000% of the unpaid porllon of the regularly scheduled payment
...... , ~, ,;~,,uw=~ ~-m t~ ;umpl¥ mm or [O penorm when due an oin
· ¥ er term, oblation, covenant, or condition
con. ned In this Note or =ny ;~reement reis/ed to this NMe, or in any-other agreement or loan Borrower ~ With Lender. (c) Borrower defaults under
any Io~m, ex~nslon of credit, sacudty agreement, purchase or sales ~gmement, or ~¥ other agreement, in favor of any other creditor or person that
m.~¥ mete~bdly affect any of Bon'ower's properly or Borrower's ability to repay' this Note or perform Bon~w~'s obllgetlens under this NMe or aW of the
app.°ted for any part of Borrower's ,'~- ~gl ,--~y H~umr ul~ or =ny or me p~rmers or ~<~Tower oecomes Insolve~, a receiver ~
property, Borrower makes an ess/gnment for the bemdit of crsditors, or any proceeding is comma°ced either by
Borrower or against Bo~ower under any bm~,ruptcy or tnsotvancy laws. (f) Any credilor tries to taka any ci Borrower's properly on or in which Lender
has a I~ or security Interest. This Includes a garnishment of any of Borrower's accounts wilh lender. (g) Any of ihs events described In this default
sac~un occurs with respect to any penerai partner of Borrower or any' guarantor of this Note. (h) A material adverse change occurs In Borrower's
Il°an°Iai candliton, or Landor be~eves the prospect of paymer~t or performance of the indebtedness Is impaired.
LENDER'S RIGHTS. Upon da~ult, Lender may, after gfvthg such notices es required by ~pplicabla taw, da°faro the enttre unpaid principal balance on
this Note and ali a_, ,c~u~ ed .unpaid In .te. rast.[mmed_l.a~y due, and then Borrower wl]] pay thai amounL U on deteuit, I
maturity, Lender, a~ ~;s op,on, may aJso, I! perm,°ecl un=ar a icabie law. innr .o,~,~.~,~ ~.~..~P, ...... ~_ ~n~i, u.d~.g _ta~___me to pay. upon anal
PP . ~sse the va,,~,.,,~ ,.=,~ mm ,un [n~; ~oT~ r,o §.OIX) percentage points
over the Index. The interest rate Will nol exceed the maximum rote permllted by applk~ble law. Lender may hire or pay someone else to help collect
rrds Note if Bonower does not pay. Borrower also will pay Lender that amounL This Includes, subject to any ilmlb under applicable law, Lender's
attorneys' fees and Lender's legal expanses whether or not there IS a lawsuit, including attorneys' fees and lagaJ expenses for bankruptcy
(including efforts to modify or vacate any automatl~- stay or injunolion), appeals, and a anti . proceedings
prohibited by appilcabte law, Borrower also will ,,-,, an" -o"-' .............. ny ol .i.~a..ted post-Judg, ment oolleMion sand°es. If 'not
with this Note, Interest wil continue to ~"~ ~" ""' ~a.~=, ~n auomon ro m~ tuner sums provided by law. If judgment is entered in connection
accrue on this Note alter judgment at the Interest rate applicable Io this Note at Ihe lime judgment is entered.
TNs Note has been delivered Io Lender and accepted by 'Es°der In the Commonwealth o1' Pennsytvan;a. If there Is a ;awsuil, Borrower agrees
upon Lender's request lo e~bmlt to the lutlsdicl~on of the courts of ALLEGHENY County, the Commonwealth of Pennaylven;a. Lender end
Borrower hereby waive Ute right to any Jury trial In any acUon, proceeding, or counterclaim brought by ailher Lender or Borrower egainsl the
other. This Note shall he governed by and construed tn accordance wfih the ~w$ of the Commonwealth of Pennsylvente.
RIGHT OF SE-TOFF. Borrower grants to Lender a contractual security Interest in, and hereby esslgns, conveys, delivers, pledges, and Ira°slats to
Lender al Borrower's right, title and Interest in and to, Bmtower's accounts with Lender (whether checking, savings, or some oiher account), including
without limltalion all accounts held joi.ntiy with someone else and all accounts Borrower may open in Ihs future, excluding however all IRA and Keogh
accounts, and all trust acouunts I'or wh/ch the grant of a securlly Interest would be prohibited by law. Borrower authorizes Lender, to the extent
permitted by applk:able law, to charge or s~off all sums oWing on this Note against any and all such accounts.
COLLATERAL. This Nots Is secured by, in addition to any'other' collateral, a Mortgage dated April 17, 2CX)0, to Lender on real property located In
ALLEGHENY County, Commonwe~llh of Pennsylvania, all the. terms and conditions of which ara hereby incorporated and made a pe~t of this Note.
EXHIBIT
F ess information concerning Borrower that Lender
prepared in accordance With generally accepted
o4-17-2o00,J ~.~ PROMISSORY NOTE
: Loan No ; ~' ' Page 2
, ~. (Continued)
devetol~, er.is d~.~veloplng a pr~ to ax:ldreas on a timely basis the risk Ihat oartaln ~nputer a~-Ilcations ,mad b- B- "-- - ' ' -" '
rec'ogrflz8 eno po mi r - - _=._ eq., .... ~r orr~w~r rn~y oe UllaOt8 lo
condition, results of opomltons or m'esnects of B ,~w-,;-,,, -,..,.;~C; ~.~'-'.~.~"~wr~L~_~v~_..??c~. on me Pus!ness:. p_~m?.era..as, assets, llnenclal
under the Related Documents. r_=-r orr ........... ..,~r u. ~aM~uw~ lu UUl~' Brig pUFICIUS, Ily J:l~y Of' piB~TOI'Ill ITS OOI1~!1DOI1S horeUl'R:JOr and
I ~ . -
GENERAL PROVISIONS. Lender~y delay or forgo enforcing any of Its rights or remedies under thts Note wi~out i~ng them. B~tower and any
for any length of tln, Je) this ~ or !~ a/ly party, parlnor, or guarantor or collalerai; or Impair, fail to realtm upon or pm/ed Lenders SecL~ty Interest
In ihe collateral; an~l take any ofhe['._~=Uon deemed r.a,:.ua.~y by Lender without the consent of or notice to anyone. All such parties also agree that
Lender may modify:this loan withotE-the oonsenl of or nofloa to anyone other than the pmty with whom the modillcalfon Is made. If any por'4on of this
Note Is for any mason ctetermlned ~ unenforceable, It w~l nol effect the enfon:aablBty Of any other pro~slons of this Note.
CONFESSION OF ~R~)GMENT. B~ROWr:R HEREBY IRFTEVOCABLY AUTHORIZES ANO EMPOWERS ANY ATTORNEY OR THE PflOTHONOTARY
OR CLERK OF AN~. COURT IN'~OMMONWEALTH OF PENNSYLVANIA, OR E~%~EWHEI:iF_,,TO APPEAR AT ANY 'r1ME FOR BORJ:~OWER AFTER
~-,;~',L~--; -~LL.;-~.'~-':..'.."---.'L'"-L'"~-~__ r,5__,.,,,,,,,~ :U.ANY COLLATE .R,%_.- ~[CURING THiS NO'~ TOGE'THE~I Wn'H INTEREST 014 ' H
,~m,.,u,~, ~, ~a~,r~r.r~ Wi ,l t_L;rJb.~ OF..b'LIIT, AND AN A~8 COMMI!X~ON OF TEN PERCENt' ..... 10'$ OF THE SUC
BALANCE AND ACCRLED ............. UNg~iL~. PfllNCIPAL
I~ FOR r_~Cl'l~, BUT IN ANY E'Vl~l~r KIOT LE,~ THAN FIVE H~ DOLLARS ($5(:]0] ON WHICH
^GA~N~r So~OWER SHALL N E E:XH~ ..... . THI.S_ N~ TO CO.~FE JUDGME~
~ USTEO aY ANY EX~ClSE OF TF~T ;AU11~ORrTY, ~ ;~rlALL P_Z~rrlNt]E FROM TleL~c~ TIMI~ Ak~O
~, ~ ,~lx. n,, n ~ ............. ,~,~ ~- uu~MENT, E2(CEPT ANY NOTI AND
HF.~IN~ REQUI_,RE~_ UNDER N~ LAW wrrH RESPECT TO m~=Ci~ON O~'~ ............... CE /OR
[~=.ows,o.s. ~sO~OW~R XG~EE'S ~O THE ~E~MS OF THe ~OTE ~ XC~NOW~eOGL~ i~ECe,~r OF THE
. ? A COMPLETED
THIS ~ HAS EI~E# $1G#I~ ~ SEN. E~ BY ~ UNDER$1G#ED.
'~:'
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
No.
CERTIFICATE OF RESIDENCF
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 Defendant is:
1008 Forbes Road
Carlisle, PA 17013
Donna M. Donaher, Esquire
Attorney 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
Swom to and sub,sgribed
before me this ~'~ day
of r~ ,2003.
-~"' ~t.~Ublic___~
· ,//
i.~ Notana~ S
~1 Mel.~.ssa Szakkay, Notary Public
~ City of Pi~nbur~, Allegheny County
[ My ~sion Expires Oct. 31, 2~5
Member, Pennsylvania. r~sociation 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
DEFENDANT 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 Defendant
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
CARLA D. SMITH,
Filed on behalf of Plaintiff,
PNC Bank, National Association
Defendant.
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. )
)
CARLA D. SMITH, )
)
)
Defendant. )
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 defendant in the above action is not in any branch of the
military service of the United States.
John Mat~
Assistant ~i~e President and
Attorney R~tions Manager
Sworn and subscribed
before me this '~ I day
of M ~c~,~. ,2003.
MY commission expires:
Notaria/ Seal
Mclissa Szalkav. Notary Public
City of Pittsburgh~ "dlegheny County
My Commission Expires Oct. 31, 2005
Member, Pennsvlva ;i~: ~x"7~,~eiation of Notario.~
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_Fh193876-1 000011-111726
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
)
)
)
Plaintiff, ) No. ~)._~ - /'-/' ~ !
)
)
)
)
)
Defendant. )
)
VS.
CARLA D. SMITH,
TO:
Carla D. Smith
1008 Forbes Road
Carlisle, PA 17013
NOTICE OF ENTRY OF JUDGMENT
Please take notice t hat o n ._~'/j.. ~ ,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, Cumberland C0~h"~y
NO.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
No. 03-1401
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. )
)
CARLA D. SMITH, )
)
Defendant. )
No. 03-1401
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 Defendant on April 10, 2003, by certified mail, at the
following address:
1008 Forbes Road
Carlisle, PA 17013
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
By ~'~~ ~'_ ~.r~ .,,
Donna M. Donah"'er, Esqui~
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
197565_1
TUCKER ARENSBERG, P.C.
CELEBRATING A CENTURY OF SERVICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
No. 03-1401
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Carla D. Smith
1008 Forbes Road
Carlisle, PA 17013
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 t.he 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
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
195937_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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
No. 03-1401
PRAECIPE TO SATISFY JUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. 13onaher, 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. 03-1401
VS.
CARLA D. SMITH,
Defendant.
P~RAECIPE TO SATISFY JUDGMEN i
TO: Prothonotary, Cumberland County
Kindly mark the judgment in the above-referenced matter, entered in favor of Plaintiff
and against the Defendant, as satisfied.
Sworn to and subscribed
before me this ~q~' ,~,,
of' ~-~..p~n~,*~,, 2003.
otary Public
| .,,..Melissa Sz~kay, Nota~ Public
/ ~-4ty of Pittsburgh, Allegheny County
LMeMrY Commission Expires Oct. 31, 2~5
ember, Pennsylvania,,~s~iati .........
BANK FIN:206932.1 000011-11172"~ ~H~°zar/e8
Respectfully submitted,
Donna M. Donaher, Es~uir~
Attorney for PNC Bank, National Association