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PNC BANK., NATIONAL ASSOCIATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06 - S'SSrr
G(J~L y~
NANCY L. POESCHL,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The name and address of the Plaintiff is PNC Bank, National Association, 4242
Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The name and last known address of the Defendant is Nancy L. Poeschl, 1620 West
Lisbum Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Defendant executed and delivered to Plaintiff a Promissory Note dated June 13,
1997, in the principal amount of Twenty-Five Thousand and 00/100 Dollars ($25,000.00) ("Note"),
a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A"
and made a part hereof.
4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as
required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as
provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a
part hereof.
5. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
6. There has not been any assignment of the Note.
7. Judgment has not been entered on the Note in any jurisdiction.
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8. The amount due to Plaintiff as a result of Defendants' default is as follows:
Principal
$19,711.20
$ 4,262.05
Interest to August 7, 2000
Late charges
$ 292.71
Attorney's Commission
$ 2.397.32
TOTAL
$26,663.28
9. Interest continues to accrue at the rate provided in the Note.
WHEREFORE, Plaintiff demands judgment against Defendant, Nancy L. Poeschl, as
authorized by the warrant of attorney contained in the Note for Twenty Six Thousand Six Hundred
Sixty-Three and 28/100 Dollars ($26,663.28), plus interest from and including the date of this
Complaint and judgment entered hereon at the default rate provided in the Note, and costs of suit.
Respectfully submitted,
SAlDIS, SHUFF FLOWER & LINDSAY
Date: 4 ( 4 (~eJ
By:
1 M. Ledebo , Esquire
Supreme Court ill #59012
2109 Market Street
CampHill,PA 17011
(717) 737-3405
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PROMISSORY NOTE
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References in the shaded area are for Lende~s use only and do not limit the a licablllty of this docume~tto an
Borrower: NANCY L POESCHL (SSN: 191-46-1332)
1620 Wesl L1sburn Road
MECHANICSBURG, PA 17055
Lender: PNC BANK, NATIONAL ASSOCIATION
4242 CARLISLE PIKE
CAMP HILL, PA 17001-8874
Principal Amount: $25,000.00 Initial Rate: 9.000% Date of Note: June 13, 1997
PROMISE TO PA~. NANCY L POESCHl. ("Borrower") promises 10 pay 10 PNC BANK, NATIONAL ASSOCIATION ("Lemler"), or order,ln lawlul
money ollhe Un,l"d Slales 01 Amenca,lhe principal amounl 01 Twenty Five Thousand & 0D/l00 Dollars ($25,000.00) or so much as may be
oulslanding, logelher wllh Inleresl on Ihe unpaid oulslanding principal balance 01 each advance. Inleresl shall be calculated Irom Ihe date of
each sdvanceuntil repaymenl of each advance.
PAYMENT. Borrower Will pay Ihls loan In accordance wllh Ihe following paymenl schedule:
Borrower will pay regular monlhly paymenls of accrued Inleresl beginning on Ihe flrsl day of Ihe Billing Cycle aller Ihe
Initial advance, and all subsequenf Inferes! payments are due on Ihe same day 01 each monfh aller Ihal. Borrower will pay
Ihis loan In one paymenl 01 all oulslandlng principal plus all accrued Inleresl on Ihe Expiration Dale. Borrower may borrow,
repay and reborrow hereunder untillhe Expiration Dale, subjecllo Ihe lerms and condlllons of Ihls Nole. The "Explrallon
Dale" shall mean JUNE 13, 1998, or such /aler dale as may be deslgnaled by wrlllen nollce Irqm Lender 10 Borrower bulln
no evenl aller Ihe lenlh anniversary of Ihe date ollhls Nole. Borrower acknowlsdges and agrees Ihal In no evenl will
Lender be under any obllgallon 10 extend or renew Ihe loan or IhlS Nole beyond Ihe Inlllal Expiration Date. In no evenl
shalllhe aggregale unpaid prlnclpat amounl of advances under Ihls Nole exceed Ihe face amounl of Ihls Nole.
Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or
required by applicable law. payments will be applied first to accrued unpaid Interest. then to principal. and any remaining amount to any unpaid
collection costs and Iale charges.
VARIABLE INTEREST RATE. The interest rete on Ihis Note is subject to change from time to time based on changes in an independent index which
is the highest Prime' Rate as published in the "Money Rates" section of The Wall Street Journal (the "'ndex"). The Index is not necessarily the lowest
rate charged by Lender on its loans. II the IndeX becomes unavailable during tha term of this loan, Lender may designate a subsUtute indeX aller nOllce
to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on
other rates as well. Thelnteresl rate change will not occur more ollen than each month. The Index for a Billing Cycle Is determinsd on the first day of
Ihat cycle b~ on lha Index lor the last day of the preceding Calendar month which is reported. Interesl on Ihls Note is computed on the basis of a
year of 366/365 days, by applying the ratio of the annual interest rate on the first day of the Billing Cycle over a year of 366/365 days to obtain a daily
periodic rate, multiplied by the average daily balance during the Billing Cycle, multiplied by the number of days in the Billing Cycle. Billing Cycle means
the monthly interval between regular periodic statements. The Index currently Is 8.500% per annum. The Inleresl ralelo be applied 10 Ihe unpaid
principal balance of Ihls Nole will be at a rale 01 0.500 percentage points over Ihe Index, resulllng In an InlUal rale of 9.000% per annum.
NOTICE: Under no circumstances wllllhe interest rate on Ihls Note be more than Ihe maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay wilhout penalty all or a portion of the amount owed ea~ler Ihen ij is due. Ea~y payments will not, unless egreed 10
by Lender in writing, relieve Borrower of Borrowe~s obiigation to continue 10 meke payments of accrued unpaid Interest. Ralher, thay will reduce the
principal balance due.
LATE CHARGE. If a payment is 15 days or more lele, Borrower will be charged 5.000% ollha unpaid portion 01 the regularly schedUled payment
or $100.00, whichever Is less.
DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation. covenant, or condition
contained in this Note or any agreement relaled to this Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or
statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time
made or furnished. (d) Borrower dies or become's insolvent, a receiver is appointed tor any part of Borrower's property, Borrower makes an
assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency
laws. (e) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any
of Borrower's accounts wijh l.ender. (f) Any of the events described in this default section occurs with respect to any guarantor of Ihls Note. (g) A
material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is
impaired.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by appliceble iaw, declare tha entire unpaid principal balance on
this Note and ail accrued unpaid interest Immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final
maturity, Lender, al its option, may also, if permitted under applicable law, increase the varisble Interest rale on this Note 10 6.600 percentage points
over tha Index. The interesl rale will not =sed the maximum rate permitted by applicable law. l.ender may hire or pay someone else to help collect
this Note if Borrower does not pay. Borrower elso will pay Lendar that amount. This includes, subject to any limits under applicable law, l.ende~s
attorneys' fees and l.ender's legal expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruplcy proceedings
(Including ellorts to modify or vacele any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. It not
prohibited by applicable law, Borrower also will pay eny court costs, in addition to all other sums provided by law. It judgmenl is entered in connection
with this Note, interest will continue to accrue on Ihis Note after judgmenl at Ihe Interest rata applicable to Ihis Note at the time judgment is entared.
This Nole has been delivered 10 Lender and accepled by Lender In Ihe Commonweallh 01 Pennsylvania. If there Is a lawsuit, Borrower agrees
upon Lender's requesllo submlllo Ihe Jurlsdlcllon ollhe courts of CUMBERLAND County, Ihe Commonwea/lh 01 Pennsylvania. Lender and
Borrower hereby waive Ihe rlghllo any Jury Irlalln any action, proceeding, or counlerclalm broughl by ellher Lender or Borrower agalns! the
other. This Nole shall be governed by and conslrued In accordance wllh Ihe laws 01 the Commonweallh of Pennsylvania.
RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pladges, and
transfers to l.ender all Borrowe~s right, title and interest in and to, Borrower's eccounts with l.ender (whether checking. savings, or some other
account). including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future. excluding however
all IRA and Keogh accounts, and all trust accounts for which the grant of a securify interesl would be prohibited by law. Borrower authorizes Lender, to
Ihe extent permitted by appliceble law, 10 charge or seloff all sums owing on this Note against any and all such accounts.
LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested only In writing by Borrower or as
provided in Ihis paragraph. All communications. instructions, or directions by telephone or otharwise to l.ender are to ba directed 10 Lender's office
shown above. The following party or parties are authorized asmfffiiThis,ltaragraph to requasl advances under the line of credIt untill.ender r
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06-13-1997
Loan No ~
PROMISSORY NOTE
(Continued)
Page 2
,receives from Borrower at Lend,er's address shown above written notice of revocation of their authority: NANCY L. POESCHL. Borrower may obtain
I"'vances from lime 10 lime by wrlllng checks in amounls 01 nolless lhan $100.00 or by using olher melltods wIIIcft Leneter may permil and
may conllnue 10 obtain advances unlillhis loan Is lermlnaled. Lender agrees to pay checks, so long as Ihey do not cause Ihl! principal
,balance to ~ceed the lace amount 01 Ihis Note, which are dated, drawn and Issued by Borrower on or prior to Ihe expiration Date and
received by Lender on or prior 10 the Explrallon Date or within live business days after the Expiralion Date, except as prOVided In the next
sentence. Lender has no obligation to pay any check dated, drawn or issued by Borrower or received by Lender during .any period when
Lender. is not obligated to advance tunds under this Note. Borrower agrees to be liable for all sums either: (a) advanced in accordance with the
Instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance OWing on this Note at
any time may be evidenced by endorsements on this Note or by Lende(s internal records. including daily computer print-outs. Lender will have no
obligation to advance funds under this Note if: (a) Borrower or any guarantor is in default under the terms of ' this Note or any agreement that Borrower
or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (b) Borrower or any guarantor ceases
doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note
or any other loan with Lender; or (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authOrized by Lender.
FEES. If apIJlicable, at closing, Borrower will pay to Lender a fee in the amount of up to two percent (2%): of the maximum principal amount of this
Note. An anl'1ual renewal fee in the amount of up to two percent (2%) of the maximum principal amount of this Note may also be charged if this Note is
renewed beyond the current Expiration Date in Lender's discretion.
FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information concerning Borrower that Lender
may request from time to time, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted
accounting principles) and federal income tax returns.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any
other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, Qemand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no parity who signs this Note, Whether as maker,
guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the
collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Note is
for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM. CONFESS OR ENTER JUDGMENT AGAINST
BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE "tOGETHER WITH INTEREST ON SUCH
AMOUNTS. TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'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 NOTE OR A COPY OF THIS
NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT
AGAINST BORROWER 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 NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER
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 BORROWER'S ATTENTION OR
BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIG",I"'G THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF l'HIS NOTE, INClUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED
COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
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LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.23 (c) 1997 OFI ProServlees, Inc. All rights reserved.IPA-020 LP122380.LN G21.0VL]
VarIable Rate. Line of Credit.
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PNC CAPITAL RECOVERY CORP.
Two Tower Center Boulevard, 22nd Fl.
East Brunswick, NJ 08816
Staci B. Bagel
Assistant Cashier
(732) 220-3663
PNC Capital Rect~~Pfe8~~9
VIA CERTIFIED RRR AND REGULAR MAIL
February 25, 1999
Mrs. Nancy Poeschl
1620 West Lisbum Road
Mechanicsburg, P A 17056
RE: Obligation #31477842/0bligor #600972434 ("Loan")
Nancy L Poeschl ("Borrower")
Dear Mrs. Poeschl:
As you are aware, the loan which PNC Bank, N.A. (the ''Bank'') provided to Nancy L.
Poeschl (the "Borrower''), pursuant to the terms of that certain Promissory Note dated as
of June 13, 1997, is in payment default. Said line of credit matured on June 13, 1998.
We hereby notify the Borrower that, as a result of the Borrower's failure to pay when due
sums owed to the Bank under the Note, along with any other events of default, the
Borrower is in default. Please be advised that the Bank hereby demands repayment of the
entire principal balance of the Loan, all accrued interest thereon, and all other sums
payable under the Loan. If the Bank does not receive your payment by March 6,1999,
the Bank may exercise all remedies available to it. For your infonnation, as of to day's
date, the Bank is owed $19,711.20 in principal and $653.96 in accrued interest and late
charges under the Loan. Per diem interest rate of the Loan is $4.46 and will be added to
the amounts due after today's date.
This letter shall be without prejudice to, and shall not be deemed a waiver or
postponement of, any rights or remedies available to the Bank, including, without
limitation, the Bank's rights to accept partial payments without thereby waiving this
demand or reinstating the Borrower's obligation. Neither this letter nor any subsequent
discussions shall be deemed offers to extend the maturity of the Loan or otherwise waive
any defaults thereunder.
EXHIBIT "B"
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Sincerely,
PNC BANK. National Association
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By: I,' . '-/lA( . ~ ! ,l1- ( ^--
1taci B: Bagel ' I U
Assistant Cashier
cc: Mary Burgwinkle, Esq.
Mark Gittleman, Esq.
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7177373407 SAIDIS SHUFF MASLAND
315Pll JUL05,'OO 17:17
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v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V Al'-I1A
: NO.
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
NA.'lfCY L. POESCHL.
Defendant
: CIVlL ACTION - LAW
: CONFESSION OF JUDGMENT
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VERIFICATION
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r, Anura Unger, Assistant Vice President, for PNC Capitol Recovery Group, being
authorized to do so on behalf of PNC Bank, National Association. hereby verifY that the statements
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made in the foregoing pleading are troe and correct to the best of my information, knowledge and
belief. I understand that fillse statements herein are made subject to the penalties of 18 Pa. e.s. Section
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4904, relating to unsworn fillsilkation to authorities.
NK, NATIONAL ASSOCIATION
Date: <6/ '1 !tJ&
By:
Anura Unger
Assistant VICe President
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
NANCY 1. POESCHL,
Defendant
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO.
: CIVIL ACTION - LAW
: CONFESSION OF ruDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against Defendant as follows:
Principal
Other authorized items:
Interest to August 7, 2000
Late charges
Attorney's Commission
TOTAL
D,. tNCtJ
$19,711.20
$ 4,262.05
$ 292.71
$ 2.397.32
$26,663.28
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
arl M. edebobm, Esquire
upreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.
NANCY L. POESCHL, : CIVlL ACTION - LAW
Defendant : CONFESSION OF JUDGJ\1ENT
NOTICE
TO: Nancy L. Poeschl
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
JUDGJ\1ENT BY CONFESSION has been entered against you in the above proceeding and that
enclosed herewith is a copy of all the documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
KARL M. LEDEBOHM, ESQUIRE
TELEPHONE NUMBER: (717)761-1881
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
NANCY 1. POESCHL,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of PNC Bank, National
Association, Plaintiff in the above captioned matter.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
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By:
Kar . Led bohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK., NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO.
NANCY L. POESCHL,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendant, Nancy L. Poeschl, in the
above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
D,,, 4( 4( &t'
By:
K M. debobin, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
NANCY L. POESCHL,
Defendant
: CNIL ACTION - LAW
: CONFESSION OF JUDGMENT
CERTIFICATE OF ADDRESSES
I hereby certifY that the precise address of Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, Cwnberland County, Pennsylvania 17011; and that the last known
address of the Defendant, Nancy L. Poeschl, is 1620 West Lisburn Road, Mechanicsburg,
Cwnberland County, Pennsylvania 17055.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dolo. 4/"(CJ&
By:
I M. debohm, Esquire
upreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717)737-3405
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PNC BANK., NATIONAL ASSOCIATION,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-5559 CNIL TERM
NANCY L. POESCHL,
Defendant
: CNIL ACTION - LAW
: CONFESSION OF JUDGMENT
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon a judgment entered by confession in the above matter.
(I)
(2)
(3)
directed to the sheriff of Cumberland County;
11/17 - rs-c 1."/I.;CA-
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against Nancy L. Poeschl, Defendant; and
against Members I st Federal Credit Union, Garnishee;
(4) and index this writ
(a) against Nancy L. Poeschl, Defendant; and
(b) against Members I st Federal Credit Union, as Garnishee
and levy upon and attach as required the following:
( a) Any and all personal property located at the address of the Defendant at
1620 West Lisbum Road, Mechanicsburg, Cumberland County, Pennsylvania
17055
(b) Any and all personal property located at Members 1st Federal Credit Union
including, without limitation, any and all deposit accounts held at Members 1st Federal
Credit Union in which Defendant possesses an interest.
(5)
Amount due:
Interest from August 7, 2000
Attorneys fees
Costs
$26,663.28
at rate provided in the Note (to be added)
(to be added)
(to be added)
Certification
I certify that
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(a) Ibis praecipe is based upon ajudgment entered by confession; and
(b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3.
SAlDIS, SHUFF, FLOWER & LINDSAY
Date:
If /W (d6
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Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717)761-1881
By
Attorney for Plaintiff
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-5559 CIVIL TERM
NANCY L. POESCHL,
Defe.ndant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.3 OF JUDGMENT
AND EXECUTION THEREON
TO: Nancy L. Poeschl
A judgment in the amount of $26,663.28 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 court has issued a Writ of Execution
which directs the sheriff to take your money or other property owned by you to pay the judgment.
If your money or property has been taken, you have the right to get the money or property
back if you did not voluntarily, intelligently and knowingly give up your constitutional right to
notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to
the judgment.
You have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of the
judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to
strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of
Cwnberland County at Cwnberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013.
IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO
REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN
SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE mDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
TillS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
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YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
Date: 'I l 0 /OD
SAIDIS, S
By
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-5559 CIVIL TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
PNC Bank, National Association
To satisly the debt, interest and costs due
PLAINTIFF(S)
Irom NanGY L. Poeschl. 16?0 W"Rt T,i RhnrT1 R""n, MpC'h,m; C'c:hnn;. PlI 1 7n~~
DEFENDANT(S)
(1) You are directed to levy upon the property 01 the delendant(s) and to sell any and all personal
property
(2) You are also directed to attach the property 01 the delendant{s) not levied upon in the possession 01
Any and all personal propertv located at Members 1st P"deral Crroit !Inion in"lnning.
without limitation, any and all deposit accounts held at Members 1st Federal Credit
Union in which Defendant possesses an interest.
...
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee{s) is/are enjoined from paying any
debt to or lor the account 01 the delendant{s) and Irom delivering any property of the delendant{s) or otherwise disposing
thereol;
(3) II property 01 the defendant(s) not levied upon an subject to attachment is found in the possession 01 anyone other
than a named garnishee. you are directed to notily him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $26,663.28
Interest from 8/7/2000
Atty's Comm
Atty Paid
Plaintnl Paid
%
L.L.
Due Prothy
Other Costs
$.50
$1. 00
$32.50
Date:
November 16, 2000
Curtis R. Lonq
Prothonotary, Civil Division
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Deputy
REQUESTING PARTY:
Name Karl M. Ledebobm" Esq.
Address: 2109 Market Street
Camp Hill, PA 17011
Attorney lor: Plaintiff
Telephone: 717-761-1881
Supreme Court ID No. 59012
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-5559 CIVIL TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
PNC Bank, National Association
To satisfy the debt, interest and costs due
PLAINTIFF(S)
from Nancy L. Poeschl. 1620 WPRr To; RhllTn Rn.:=ltl r M~rh::lni rc::.hl1rl}. Pn. 17()t;t;
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell any and all personal
property
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
Any and all personal property located at Members 1st Federal Credjt Union i nr.llleJi ng.
without limitation, any and all deposit accounts held at Members 1st Federal Credit
Union in which Defendant possesses an interest.
GARNISHEE(S) as follows:
and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated. ~
Amount Due $26,663.28
Interest from 8/7/2000
L.L.
Due Prothy
Other Costs
$.50
$1.00
Atty's Comm
Atty Paid
Plaintiff Paid
%
$32.50
Date:
November 16, 2000
Curtis R. Lonq
Prothonotary, Civil Division
By.:
L2fYnf _ p
~o(~d<r
Deputy
REQUESTING PARTY:
Karl M. Ledebohm, Esq.
2109 Market Street
Name
TRUE COpy. FROM RECORD
Iii Testimony wooroof, I OOrll unto sat my hand
am:! tile seal 01 !!akj Coort at Carlisle Pi.
rh~~day of~ '~
~ :; p -P ~A"Y'
tllonotary
Address:
Camp Hill, PA 17011
Attorney for: Plaintiff
Telephone: 717-761-1881
Supreme Court ID No. 59012
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JAMES D. FLOWER
JOHN E. SLIKE
ROBERT C. SAlOIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROLj. LINDSAY
jOHNNAj. DEILY
KARL M. LEDEBOHM
JOSEPH 1. HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: attorney@ssfl-Jaw.com
OF COUNSEL
ALBERT H. MASLAND
CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, PA 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
November 14,2000
Curnberland County Sheriff
Curnberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
RE: PNC Bank, National Association v. Nancy L. Poeschl - No. 00-5559
Civil Term
Dear Sir or Madam:
Please serve upon the Defendant the Writ of Execution and the Notice Under Rule 2958.3 of
Judgment and Execution Thereon and levy upon the personal property of Defendant at the
following address:
Nancy 1. Poeschl
1620 West Lisburn Road
Mechanicsburg, P A 17055
Also, please mail the same documents to the Defendant in the envelopes that are enclosed.
Additionally, please serve the Interrogatories to Garnishee and other appropriate documents
upon the Garnishee, Members 1st Federal Credit Union, at the following address:
Members 1 st Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-5559 CIVIL TERM
NANCY L. POESCHL,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
INTERROGATORIES TO GARNISHEE
TO: Members 1 st Federal Credit Union, Garnishee
You are required to file answers to the following interrogatories within twenty (20) days
after service upon you. The answers must be in writing and under oath. You are warned that if you
fail to do so, a Judgment may be entered against you by the Court without further notice for any
money claimed by the Plaintiff against the Defendant. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166 or 1-800-990-9108
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-5559 CIVIL TERM
NANCY L. POESCHL,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
INTERROGATORIES
To: Members 1st Federal Credit Union, Garnishee
You are required to file answers to the following interrogatories within twenty (20) days
after service upon you. Failure to do so may result in judgment against you:
I. At the time you were served or at any subsequent time did you owe the Defendant
any money or were you liable to them or any of them on any negotiable or other written instrument,
or did they or any of them claim that you owed them or any of them any money or were liable to
them or any of them for any reason?
If so, please identifY in detail including, without limitation, account numbers, current
balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
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2.
At the time you were served or at any subsequent time was there in your possession, custody
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or control or in the joint possession, custody or control of yourself and one or more other persons
any property of any nature owned solely or in part by the Defendant?
If so, please identify in detail including, without limitation, account numbers, current
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balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
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3. At the time you were served or at any subsequent time did you hold legal title to any
property of any nature owned solely or in part by the Defendant or in which Defendant held or
claimed any interest?
If so, please identify in detail including, without limitation, account numbers, current
balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
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4. At the time you were served or at any subsequent time did you hold as fiduciary any
property in which the Defendant had an interest?
If so, please identifY in detail including, without limitation, account numbers, current
balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
5. At any time before or after you were served did the Defendant transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and if so what was
the consideration therefor?
If so, please identifY in detail including, without limitation, account numbers, current
balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
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6. At any time after you were served did you pay, transfer or deliver any money or
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property to the Defendant or to any person or place pursuant to the direction of them or any of them
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If so, please identify in detail including, without limitation, account nwnbers, current
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or otherwise discharge any claim of the Defendant against you?
balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
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If so, please identify in detail including, without limitation, account nwnbers, current
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7. At the time you were served or at any subsequent time, did you have any safe
deposit boxes, pledges, docwnents of title, securities, notes, coupons, certificates, receivables,
collateral, checking, savings, tax or other accounts or deposits in which Defendant has an interest?
balances, joint tenants on the accounts, if any, and how joint tenants hold the accounts.
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These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of
your answer, you or anyone acting in your behalf learn or obtain additional information requested,
but not supplied in your answers, you shall promptly furnish a supplemental answer under oath
containing the same.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date:
I! lIt} /t}cJ
By:
Karl . Le e ohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
For signature by Garnishee:
states subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities, that he/she is authorized by Garnishee to make this affidavit,
and that the facts set forth herein are true and correct to the best of his/her knowledge, information
and belief.
Dated:
,2000
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PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-5559 CNIL TERM
NANCY 1. POESCHL,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
PETITION TO STRIKE JUDGMENT
REQUESTFORPRO~THEAmNG
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to
notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this
ground and request a prompt hearing on this issue.
I verify that the statements made in this Request for Hearing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904
relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at
Street Address
City, State
Telephone Number
Date:
Defendant
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