HomeMy WebLinkAbout03-1402IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
YS.
CARLA D. SMITH,
Defendant.
No. 03 -
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
Late Charges
Attorney's Commission
Total
$ 49,815.23
1,603.34
202.15
5,162.07
$ 56,782.79
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 ~ ~' 'J" J I'"-'~V'
Plaintiff, NO. (~ ,.~J /~:i-
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:193887-1 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 CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
No. ,~- /q~.2-
COMPLAINT IN CONFESSION OF JUDGMENT
comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION,
AND NOW, formerly
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 July 29, 1999, executed a Commemial Guaranty ("Guaranty") and
thereby guaranteed prompt and punctual payment of the indebtedness due under a certain
Promissory Note ("Note") between PNCB and JK Miller Corp. dated July 29, 1999. 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, Defendant, promised to guarantee to pay Plaintiff the principal
sum of $100,000.00 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
Late Charges
Attorney's Commission
Total
12. Under the terms of the
commission of ten percent for collection.
$ 49,815.23
1,603.34
2O2.15
5,162.07
$ 56,782.79
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
$56,782.79 together with interest and costs of suit.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, F:squire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-2,-
COMMERCIAL GUARANTY
References ~n the sr~acled ~'ea us for Lender's use only and Oo not limil t~ app~*li~ o~ m~ o~u~nt to any p~
Borrower: J K MI~R CORP ~IN: 2~1~) Lender: ~C B~K, NATION~
~ W~ASH A~N~ ~ ~C ~
Guarantor~ DAVID E SMI~ ~ C~A D
1~ FO~S ~
CARLI~. PA 1~13
AM~NT ~F GUARANi. T~ m~t ~ ~ Gu~mH ~ Unll~t~.
guwml~ Indebt~nm rem~na un~d ~ even ~u~ Ihe IndeBl~ ~t~ mw ~m ame to a~ ~ ~ro ~s {~),
EXHIBIT
' w~.. ' ·
any kind
~
~t G~s
:W w~.
~ldu~ons to the amount gui/anteicl under ~ Guamnly for any
! SMOff; m. courtier (~e.,~lncl, reCOUpn'mnt ot similar ~ght. whe#w such claim, demand (x fight rn~y Be nssMted by the Bonowe(, the
: GUA~ANTOR~ UIEX~TAIOMG WtTH RESPECT TO WAIVERS. Gumunb~' mm Ind agrees that each o~ the w&m sol kxth m i~ m~c~
·. :wire Guirafllo~'s h.d kiYmCecJge o¢ its r, ll~#lcince.a]~d conMquen(x~ and th&t. unG~r the c~'cumsEIn~s, the Wakl~ are reasonable ina n(~ conlra~
' pu~c po~ ~ i~w. ~ any such wM is OMa(mine~ to I)e contra~ to any 4~pp&~mle Mw or pub~ po(~/, such wM shaft be ef/ecU~e o~ to the '
: :.'extent p~m~tted by law or pul~c
· ': LEI~'SRIGHTO~SET(X:F. InaddWontoa#11ensupo~and~gMsofsMc~againstthemoney~.sacurffiesoro(hMp~MG~g~n~
' ,.bende( ~y Jaw. Lencle( sba# have. w~h rust.ct te Guaranb)"s o~oes ~o La.M( under this Guaranly ar~ to Ihe exlent permifle~ by llw.
: Gua~nlo~$ right, ~ &net IrMn~t in and to, aJI creels0 moneys, secud~vs and other propen'y (~ Guamnlo~ now (x hemaftM in the 13~=~:--~:_.~n M or
'- 'on C~ wire Lar~e~, whllher Md in · eeneN ~ spec~J aoco~nt M ~ whetha~ him j(~n~y w~ someone else, cx w~mthM
Without dMTlind upon (x n~lice to Guatlnlor.
j~ of Lenc~ o~ I~y any neglect to exi~ciae.~Jc~ right OI se~ M to ento~ce sech secure/tn~W m by &ny ~y in ~ ~. Every right of ~4(~/im~l
~ecu(itY int~ shaa ~l~ue in ~ul force and.M~ct un~l such ~ght c~ setofl ot security Interesl is spec~ wabco o*' releised t3y an instrument in
writing execuled by Lender.
e~d~bng (x he(MM cmlted, shd be p~x Io any ~ tt~t Gue/~nl(x may n~w haw cx tmmafle( acquire ~ Borrower, whether (x nM
13ecomes Im4~vent. Guarlnt4x berM)y expmedy su~xcimllm any ~m Guarantor may hive agamsl B(xTowe~, upon any account whatsoev~, Io any
through 13ankruptcy. hy an essignment for Ihe benefll (~ Creditors. by v~untap/,qutclllion, o( c~, Ihe assels of Bon'owM ipplicabie to the
payment of ttm claims o~ bolh Lende~ lnd GulmntM ~ be ~ Io Len~ and sha~ be ~ applied by Len(~er to the IndM3tedne~s c~
Le~<te~. Guarantor does hereby a.~ to LInde~ II ~ wNch ~ may hive o~ aGqulm agalns! Bon'ower ~ &ganst iny assignee
ban~uplcy o~ Bo.owM; prc~ded however. Ihal such as~gnme~ shal be Mlec#ve oMy for Ihe pu~po~,e (~ ass~lng tO tJn~er h/4 payment ie legal
Ou~ranto~ shd be m4rked v~h & tegend that the same L~e ~M3jecl lo this Gul/anty ind sba, be dMvemd lo Lenc~. Guamnto~ agrees, an~ Lander
such oOw documen~ ~r~ to lake s~c~ othw a~ is Lender deems necmauy o~ app~o~ale Io padecL pra~e(ve a~ enfo('ce ~s dghts unde~
GL~ran~y.
: MlSCf~J. ANEOUI PROVISIONS. 11m fo~owtng mi~neo~s Ixov~ are · p4d of ~ Guaranty:
· §?-~9-:.lggg COMMERCIAL GUARANTY Pa~e 3 ' '
Loarl NO (Continued)
Amendments. Th~s Guaranty, together wllh any Raiated Documents, conslflutes the en0re underslan~ng and agreement Of the padres as to
maffei's set todh in th~s Gum'anty. No alteration Ot or amendment to this Guaranty sha~ be effect~e un,ss gWen inw~fting and <Jgned by Ihe party
or parties sought to be charged Or bound hy Ihe alteration or amendment.
Applicable Law. This Guaranty has been (~livered to Lancler an(/accepted by Lencler m the Commonweat~ of Pennsylvar'~a. If there ~$ a
lawsuit, Guarantor agrees upon Lencler's request to submit to the jurisdiction o~ the courls ot ALLEGHENY County. Commonweallh o!
Pennsylvema. Lender an,~ Guarantor hereby w~ive the nght to any tu~¥ 1~1 in any actioi'~, proceeding, er counterclaim brought by e~ther Lander
Guarantor against Ihe other. This Guaranly shaiJ be govefnl~[ bf and constru~l in accor~r~ce wil~ the taws Of the Commonweaith of
Panrts¥1vania.
Altor~y$' Fees; Expenses. Guarantor agrees Io pay upon demand.ail of Lender's costs ancl expenses, mctudmg attorneys' lees ami Lender's
leGal'e.~penses mcur~ab in co~nec~on w~I~ the 8nforcemenl ol Illis Gua/artly. Lencler may pay someone ~se tel ha~p enfome II,is Guaranty, and
wheI~, or not ~1) --- ,~uumg a~t<~-neys ~a~. al~ legal ~en~ roi' De.m<rui~-y proce~dngs (a~l mctuding e~ort~ to mocU~ o~-
vaca~,~any autome~ stay or' mjunction), appests, and any anl~pal~l posl--juOgment collection se~,~-~s. Guar~ltor aiso she# pay ail courl costs
end ~c h '
.. adctitionaJ fees es may be cl~recle~ by Iha court.
NolIc~S. Alt notices requlrecl to be g~ven by aither pa.dy to the Other un~' thts Guaranty sf~ be in waling, may be sent by te~acsimile (unless
ofhef~se required by law), Ind, excepl to*' revocation notices by Guarantor. shall be e~cbve when actually ctallverecl or whe~ dabosltocl with a
natior2~lty recognized overnight OOU,"~. or when <~oositad m the United SIIIO~ rrt~. f~l ciasa pnsl~gl pt~, addressed to the g~ldy tel whom
tee n~..ice is to be gwen at the ad~es shown above or to such o~her abbesses es either party may designete to Ihe ~ in wriltng.
revoc~on notices by Gueranlor shell be in writing end shell be atfecbve only upon clairvm'Y to Lander as provi<~:l above m the section
"DURATION OF GUARANTY.' If Ihere iS mo~e tllan One GUaran~r. nolic~ to am/Guarantor wa constilule nohce to all Guera. ntof's. F~ notice
purp .o~, Guarantor agrees ~o keep LenOer info~'~3 at ail times ot Guanlrgor's curranl address.
Inlerpretaflon. In all casea where the~'e iS more then one So,'myer or Guarantor, tt~en all wor~ used ~n flus Guaranly ~n the s, inguler shell
(teemed to have been usecl in the ptural whe~'e the coofext anti construatton se require; en~ wt~'e there is more th=~n One Borrower named in th~s
Gueranly or when I~Js Guaranty 5 axeculed by mo~a than one G~u'ard(~', the worols "Borrowe~' and 'Guarantor' respec~aiy shall mean a~ ancl
any one or more Ot them. The worda 'Gum'antor,' 'Bm'rower.' and "i..~o~'" mc~ube the he~, successors, es.~ns, and transferees Ot each of
them· Caption hea~ngs in ~s Guaraofy ~a tm conve~'J, ence purpos~ on/y and ara not to be used iD infer, ret or de,ne the provides of
Guaranty. ff a court of competent juris~ctton finds any provi.~on of I~is Guaraofy to be invelid or unenlorne4d31e as to any pekoe or ,",mumstsnco,
such linding shell not *'enOer that provis;,on ~vaiid or uneoforceabio as to ~y other pemons or C~rcumsts. nces. end ell provmons of this G~ra. nty
in all oft~- respects stroll remain va]icl end entorse~ble. Il' any one or mm'e of Borrower or Guarantor am co~ltons or p~b~1~lpS. ~ ~s not
necessa~ for Lender to inquire l~to the powers Ot Borrower or Guarlnb3~' or of Ihe Ot~e~s, directors, panners, or agants ac~Jng or purporUng to
on Ihetr behal~.
ancl any Indeoteclnass made or createcl in raiianca upor~ the pratessecl exercise ot such powers shali be guarantee</under It',is
Guaranty.
Waiver° Lender s.t~lll not be G~em~ to have waned any rights under lt~ Guar~u~ty unte~ Such waive- ts given in wdfing end S~gnm:J by
NO d~ay or omission o~ Ihe pert Of Lert(~' in ex~Gt~ng any ~lgllt Shell operate aa a waiver ot such ~tghl or any olt'~ nghl. A waiver by Leflder of
& provisiOn at fftis ·
Guarenly snell not preju<~,ce or co~s~tuta a walv~ of Lluder's right o~thenvLse to ~an'm. nd sldct compliance with ti~l.t provision or
any other p~'ovf.~on of th~s Guaranly. No pt'Jot waive' by L~n~er, riot i~ coul~ o~ ~eaiing JD~hA~,en L~nd~i' &nd Guarlntm', sh~J constilule
waiver at any of Lander's rights or of any of Guamofor's of~llgations as to any futura ttansecllons. Wheneve~ Ina consenl of Lender is required
uncler this Guarenly, Ibe greeting of such co~senl by Lantirn' In any instance ahell not constitute conltnuJng ¢Ons~l to aulDsequ~of
where such consenl is required ancl in all cases such consent may ~e gr-ntad or withhek:l in ~ s~e d~ecrelion Ot Lender.
UNITED RECOURSE AS TO NON-APPLICANT SPOUSE. Nofwilhstanding anything contained here~n to the contrnry, il is agreed that. untsss an
exceplion to I~e requirements of Requlahon B of the Soercl of Governors Ot the Fe<:l~el Rase~we System applies in conneclion with the extension of the
Indabteqness and the ~x~cuilon of this GuaJ'anty, the spous~ wild is (~N~ riot to b~ the 'appllcoof for credit' for purposes of such rogutatmn (the
'Non-Applicant Spouse') saall be personally tiabie uno~' th~s Guaranty or~ly with respecl Io assets held j0inUy as Of lhe G~te hereof or
I~quired, and the I~en of an~ judgment, orcler or other re, tot against the Non-~Optiosnt Spouse shall ~e limile<~ therelo. Nolhmg herein, however, shall
#mit the Lender's dghts against any person, firm or entily oft~.' then Ihe Non-Applicant Spouse.
CONFESSION OF ,JUDGMENT. GUARANTOR HEREBY IRREVOCABLY ALITHORiT'I=S AND EMPOWERS ANY ATI'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 G~OR FOil THE ENTIRE PRINCIPAL I~J. ANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES. AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCEO BY LENDER RELATING TO ANY COU. ATERAC SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGE'rHER WITH COSTS OF SUIT, AND AN A'I"rORNEY'S COMMISSION OF
TEN PERCENT (I0%) 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 ED(I=CUTIONS 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 Gl.~C~d~'0R SHALL NOT t~E 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 DP 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 ATI'ENTiON OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES RAVING 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 BYLENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JULY 29,
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR:
INDIVIDUAL ACKNOWLEDGMENT
· . STATE OF
OrtU'~s, th~__~yoi , t9 ,De~'eme ,lhe
uncims~ned No~y Public, Kmmomlliy lll3pem'ecI DAVI,D E SMITH mt4i CARLA D SMITH, known to me {or Siltb'l~t~ily proven) lo be the ~
whose names au'e Sl~:~sc~l~ to Ihe w~thln insblJmen~ ling ~nowiedged that they executed the slime for the p~oses there~n contaJne~.
In wllnea~ w'h~eof, I h~f~unfo .~el my Itlad ~ olt~clal ~llal.
Nolary PubJK: m an~l i'm Ihe Stoto O/
PROMISSORY NOTE
Referees in t~ s~ ~a ~e f~ Lend~s ~e onl~ and ~o not ~ t~ ~pl~a~lity o~ Ibis d~u~nt to a~y p~u~ i~n ~ ;mm.f .~
Borrower: J K MI~ER ~P ~IN: 251~3) Lender: PflC BANK, MATION~ ASSOCIATION
~ W~ASH AVEN~ ~E ~C ~
PI~GH, PA 15~ 24~ FISH A~N~
Princi~ ~ount: $1~,~.~ In~N Rate: 10.~ Date of Note: July 29, 1999
PROMI5~O PAY. J K MI~ER CORP [~") ~ lo ~ ~ ~ B~, NATIO~ ~IATION (~e~'), or ~er, la
(e~ M~ reWr~ ~eu~r until the ~ra~ ~e, ~1 to ~ le~s ~ c~lt~ns of ~ls ~le. The
~ event ~er t~ tenth ~niver~ of t~ ~te of ~is ~te. ~ ~ ~ ~. t~ In no evenl will
~ll t~ ~e~te un~d ~M ~nt of ~v~s u~ ~s ~te ex~ I~ fKe ~nt of this
B~M ~ ~ay LenOM at Le~'s aOWw Sh~n ~e ~ al skf ~ ~ aS Len~ ~y ~W ~r '*nb~. U~S ol~ agr~d
~u~ by a~ ~w, ~y~n~ ~ ~ appli~ fl~ to a~d unp~ e~tM~t, t~n tO pr~Ktp~l, an~ any re~ini~ amount to any
c~n C~ and ~te ch~.
V~I~ I~EST ~TE. ~e int~W raw ~ th,s Note ~ Sub~t to c~ from h~ I0 h~ O~ on c~a~ ~n an ,n~n~nl ~nd~ whch
~ t~ ~h~t Pd~ ~te as pubhsh~ in t~ 'Mo~ RE~' ~hon of T~ W~ ~l Jour~l (t~ qn~. T~ tn~x ~ not ~es~r~ly t~
ra~ ch~g~ by Lender on i~ I~. ti t~ tn~ ~o~ uMva~bW dun~ ~ t~m of th~ I~n. Len~ ~y ~nate a SUbSblule ~n~ex &tier not~e
to Bo~ower. Le~ ~t ~ B~row~ the c~t I~ tale ~pon B~OwM'S ~1. B~ow ~5 t~t Lefl~ ~y ~ke IM~ ~A~d On
Of~r ral~ ~ w~. T~ inter~t rate c~e w~ fl~ ~ ~e o~en fMn ~h ~nt~. T~ In~ f~ & Odh~ C~W 6 ~t~m~neO on t~ h~t ~y Ot
that c~6 b~d ~ the index 1~ the ~st ~y of (~ ~di~ ~lefl~ mon~ w~fl ~ rep~e~. I.t~t on th~ Note ~ computeo o~ I~ ~as~ el a
~r of ~ ~a~, ~y app~ng t~ raho of the ~n~l sntM~l rate on t~ ~ ~ay ol t~ Bilit~ C)~ o~f I ~ar o~ ~S oay~ to oOt~n a
~n~ tale, mul~plied ~y the av~a~ Oady Oam~e during t~ Bia~ Cy~. m~i~ Oy t~e numar el ~a~ ~n t~ Bub~ C~te 8~ C~
tM monl~y int~al ~ r~utat p~o~c s~temen~. T~ Index cu~en~ ~ 7.7~% ~r ~num. T~ Inlere~ ~ate to ~ ~11~ to the ~
~l~l~ ~l~ce of this ~le will ~ al a rate of 22~ ~fcenta~ ~nM over the Index. re~ltlng tn ~ In~l~ rile of 10.~% ;~r ~num.
~CE: U~M ~ ~rc~ms~ wlfi t~ i~ler~t ra~ on th~ Note Oe m~e ~n I~ m~mum ~te iitow~ ~y a~DI~
~EPAYMENT. 8~row~ ~y p~y ~lh~l pen~ afl M I Ood~ ~ the amount owed ~wr t~n ~f ~ d~ Early pay~nts w~ll nol. ufll~ agr~ to
by L~der in wnti~, relieve Borro~ el O~ro~r's o~l~hon lo conhnue to ~ake p~y~nts of 4~ u~a,o ~nter~t R~t~et, I~ w~q teo~ the
pd~p~ ~la~ due.
~TE CHARGE. II a payment is 15 d~s ~ ~re late. B~ower ~ll ~e ch~ 5.~ of the un~M ~d~n of the re. INly ~h~u~
DEF~T. O~row~ will be i~ ~eliuIt if ~y of the f~ ~pens: ti) O~o~ fal~ to ~ke any payment w~n d~ ih) B~r~ breaks any
conlaine~ in th~ Nole M any agr~menl ~t~ I0 lh~ Note. M ,n any Mhd ~e~l ~ I~n B~row~ ~S wdh Len~. [c} Any represe~hon
cr~it~ t~ to ~ke a~y et B~Ower'S pr~ on M in w~ Len~ ~ a Iwn or ~ ~nt~Kt. T~S t~u~K i gafmshment of any of
a~fl~ with LendM. (f} A~y gu~a~t~ O~ ~ any M I~ OtW e~ls O~M~ sn Ih6 ~fault ~n ~u~ w~th ~t (o any guarant~ ol
Note. (g} A mat~ a~erse ch~e ~u~ ~ B~M'S 6q~al co~lfioh. M Len~M ~M~ t~ or~t Of payment ~ oe~ancG of
~DER'S RIG.S. Upon default. ~n~ may, afl~ ~ s~n n~ u re.ed by ap~OW ~w. ~e t~ enhre unpa~O pn~D~ balboa
t~ Note and &fl Acing unpaid ~nl~f ~m~d~f~ d~, an~ t~n O~r~ w~ pay I~t smounl. Upon ~f~ult, )~lu~ I&~iute to pay upon final
malun~, Lander, at i~ o~bon, ~y a~o. ~f ~t~d und~ appl~bW law. J~e t~ ~le ~nte~s1 rate on tb&s Note 10 7.2~ ~n~Qe
~ the I~ex. T~ ln~r~t rate ~1 not ~4 t~ m~,mum rite ~mifl~ by B~I~bM law. Lend~ ~y h~(e ~ pay ~m~ e~ lo ~p c~t
this ~te ~t 8~ow~ d~ not pay. 8~owM ~0 ~ pay ~ I~l amount. Tbs ~lu~. sub~ to &ny fruits un~r applcsb~ ~w.
(i~uding e,ods to modi~ ~ vacale any aul~ S~y ~ ~u~hon), &ppis, and any an~iteO p~l-judg~nl c~fion ~. If not
proh~i~ Oy ~ppt~b~ law, B~ow~ ~ ~ p~y any coud c~. ~n addi~n ~ ell ol~ SU~ pro~M~ ~y Mw. If ju~ment is en~eO ,n con.hen
~ this Note, interest will c~Gnue to a~ On Ihs Nole aKM ~nl ~1 ~ ifllM~t ra~ sp~ble to t~s Note at 1~ tt~ ju~g~l is
T~5 Nole h~ ~n ~llver~ to Len~r ~d Kcept~ by LePer In the C~weMth of P~nwIvanM. If there ts a I~lt, ~r~er
u~n Lender's r~uest 10 ~bmJt to t~ Ju~lc~n Of the c~ of ~EG~NY C~n~, t~ Comm~eMth of ~nsyw~la. Le~er
~rr~er hereby wMve the rl~t to any Ju~ t~ll In ~ ~, pr~lnG, ~ counterclMm ~oht ~ ~lher ~er M ~r~er a~nst t~
other. This Note ~1 ~ ~vern~ by ~ c~t~ In Kc~d~ce with Ihe I~s of t~ C~m~we~th of
RIG~ OF SETOFF. Oorrow~ gren~ to LendM a c~tra~ual ~u~ mt~t In. and ~e~y a~ns, c~ve~, d~]v~, p~g~. eno t~ansf~ to
without h~Wbofl all a~nts h~O i~n~y ~lh SO~O~ e~ and ~ ~ounW B~er ~y ~en ~n t~ ~l~e. ex~ud,~ howler all IRA an~ Koch
~ounts. 8nd ali trusl a~o~nls f~ w~ the gra~l M a ~ri~ i~ler~ wo~d ~e Droh~ite~ ~y law. B~rowM aulh~ LeflOer. to t~
p~miffe~ Dy appl~ law, to c~rge ~ Mloff afl sums owl~ on ihs ~te a~i~t ~ eno all S~h ac~un~.
LINE OF CREDIT. T~s Note e~de~ a revving li~ of ~ed,I. ~va~s u~ t~ Note may be mq~l~ o~y in whfl~ by ~owM
~o~ed in this p~a~aph. ~ communcalio~, ins~ons. ~ ~ns by t~hone ~ ot~ I0 Lender are ~ ~ dv~ to Len~'s
EXHIBIT
07-29-1999 PROMIS..~ORY NOTE
Page.~l
Lo&n No (ConUn~ed)
~ ~ ~V~D BY ~ ~ TO ~ ~ ~C~;~ ~;S
AT ~ ~MES ~ PAYME~ IN F~ ~ ~ AM~S D~ U~ '~IS NOTE. ~O~ ~BY W~S A~ RI~ B~OWER
B~ROW~ ~ ~EN ~O BY ~PE~ENT ~ ~N~L.
I~ ~ ~IS~S. ~RO~ AGeS TO T~ ~MS ~ ~ ~TE AND ACK~ RE~IPT
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
gUFITIS E BOWEN, PreoMefll
In THE court Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
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 Defendant is:
1008 Forbes Road
Carlisle, PA 17013
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 :24-'e' day
of ~ ,2003.
'--' -'-"-------NotaEv Pub!ic ~ "
[No'~anal Seal I
Mel~ssa Szalkay, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Oct. 31, 2005
Member, Pennsylvania Association of 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 wl~ether 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 Matlal~~
Assistant Vice President and
Attorney Relations Manager
Sworn and subscribed
before me this 'z. I day
of ~ u,~,/t~ ,2003.
NOtary Public - %~"~-~ ....
My con'"'nission expires:
194226_1
l',Iotariai Seal
I Mclissa Szalkay, Nota_~J
I Cit~ of Pittsburgh,
] My ~mmi~ion ~pims ~t.
~m~r, Pennsylvania
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: q~. Z-I- ~ '~ By:.
John Mat~
Assistant President and
Attorney Relations Manager
BANK_FI:193887-1 000011-111726
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
TO:
Carla D. Smith
1008 Forbes Road
Carlisle, PA 17013
NOTICE OF ENTRY OF JUDGMENT
Please take notice t hat o n _ .._l'/..z.-2 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 $56,782.79, plus costs.
Prothonotary, Cumberland Cour~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dist. No.:
09-1-01
DJ Name Hon
CHARLES A. CLEMENT, JR.
Address:..
400 ,.BRIDGE STREET
OLDE TOWNE: 'COMMONS - SUITE. 3
NEW CUMBERLAND, pA . .
T,~,, (7~17)" 774.-5989 ~': :; .I7070 ~
WASHINGTON MUTUAL
1217 MARKET ST
LEMOYNE, PA 17043
FINANCE
TI~;iS IS TO Noi~iFY YOU THAT:
E~ Judgment was entered for:
NOTICE OF JUDGMENT/TRANSCRIPT
p LA, NT. F F/j U D G M F~q'-~ ~El~'rO~:AsE
rWASHiNGTON NAME and ADDRESS
MUTUAL FIANCE
1217 MARKET ST
LEMOYNE, PA 17043
VS.
FMAYBERRY, ' SUSANNA
600 GEORGETOWN ROAD
MECHANICSBUKG, PA 17055
/
L /
Docket No.: CV- 0000012 - 03
Date Filed: 1/13/03
(Name) WA.~T~'~O~ ~AT. I~'T:
Judgment was entered against: (Name)
in the amount of $ ¢l: 1 '7'7 _ g0 on: (Date of Judgment)
"$ 8;000.00
$' 177.50
$ '.00
$ 8,177.5~
(Date & Time)
Amount Of Judgmenf
JUdgment Costs -
Interest on dudg ment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
E~ Defendants are jointly and severally liable.
' .Damages Wi l'b~ assessed 'on
~ TrhiS case dismissed Without prejudice,
EAmount of Judclment Subject to
Attachment/Ac~ 5 of 1996 $
Certified judgment Total $
ANY PARTY HAS THE. RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE.
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
I~,~ .1 , District JUstice
II Certify that this is a true ar~cl[~e~:.c_o~-~ the rec~'~he pr~ain'ing the judgment.
j¢'z~f '00' Date ~ ~'~';~ , District Justice[
My commission expires first Monday of January, 2008 . SEAL
AOPC 315-03
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 03-1402
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
VS. )
)
CARLA D. SMITH, )
)
Defendant. )
No. 03-1402
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.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
197566_1
TUCKER ARENSBERG, D.C.
CELEBRATING A CENTUR. Y OF SER.VICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CARLA D. SMITH,
Defendant.
No. 03-1402
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 $56,782.79 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 RELIEI~ 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 412-566o1212 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
By
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
195937_1
150o 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. 03-1402
PRAEClPE 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. 03-1402
VS,
CARLA D. SMITH,
Defendant.
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 Defendant, as satisfied.
Respectfully submitted,
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subscribed
before me this ¢3¢'' day
of ~r'a~a~, 2003.
..,....~'~ Public __
Melissa Szalkay, Nota~ Public
City of Pittsburgh, Allegheny County
My Commission Expires Oct, 31, 2005
Meml:~er. Pennsvlvam~ A~.~iation ot Notaries
BANK_FIN:206933-1 000011-111726