HomeMy WebLinkAbout03-1451IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
VS.
CURTIS E. BOWEN AND
KAREN J. BOWEN
Defendants.
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 Defendants and
confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against
Defendants, jointly and severally, as follows:
Principal Debt
$158,097.38
Interest 3/6/03 1,418.49
Attorney's Commission
15,951.59
Total $175,467.46
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
CIVIL DIVISION
VS.
CURTIS E. BOWEN AND
KAREN J. BOWEN
Defendant.
COMPLAINT IN CONFESSION
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Code:
OF
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
BANK FI:194008-1 000011-111726
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
VS.
Defendants.
CURTIS E. BOWEN AND
KAREN J. BOWEN
AND NOW,
Pittsburgh National
COMPLAINT IN CONFESSION OF JUDGMENT
comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly
Bank, by and through its counsel, Tucker Arensberg, P.C., and files this
Complaint confessing judgment in its favor, stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking
association organized and existing under the laws of the United States of America and a citizen of
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2. Defendants are Curtis E. Bowen and Karen J. Bowen whose last known address
is 320 North 24th Street, Camp Hill, Pennsylvania 17011.
3. Defendants, on October 30, 1996, executed a Small Business Administration
Guaranty ("Guaranty") and thereby guaranteed prompt and punctual payment of the indebtedness
due under a certain US Small Business Administration Note ("Note") between PNCB and J. K.
Miller Corporation and Smith &. Bowen, dated October 30, 1996.. True and correct copies of the
Guaranty and Note are attached hereto, incorporated herein and labeled, respectively, Exhibits
"A" and "B".
4.
Plaintiff the principal sum of $225,000 together with interest thereon in the manner provided by the
Note.
5. There has been no assignment of the Guaranty.
By the Guaranty, Defendants, jointly and severally, promised to guarantee to pay
6. Judgment has not been entered on the Guaranty in any jurisdiction against the
Defendants or either Defendant.
7. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
8. By Warrant of Attorney contained in the Guaranty, Defendants authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived
the benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now
be entered against Defendants as payment on the Note was not made when due thereby creating
an event of default under the Note and accelerating all amounts due thereunder.
11. Under the Guaranty, the following amounts are now due by Defendants to PNCB:
Principal Debt
Interest through 3/6/03
Attorney's Commission
Total
12. Under the terms of the Guaranty,
commission of ten percent for collection.
$158,097.38
1,418.49
15,951.59
$175,467.46
Defendants are liable to PNCB for attorney's
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants
Curtis E. Bowen and Karen J. Bowen, jointly and severally, as authorized in the Warrant of
Attorney contained in the Guaranty, in the sum of $175,467.46 together with interest and costs of
suit.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, £squire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-~.-
OMB Approval No. 3245-0201~~
I SBA LO.~N NO. I
GP9669953005PGH
SMALL BUSINESS ADMINISTRATION (SBA)
GUARANTY
(b)
(c)
(d)
In case the Debtor shall fail to pay all or any partI
terms of said note, the Undersigned, immediately up,
. the Debtor as aforesaid, in like manner as if such arT~.~
not bc-- required, prior to any such demand on, or payl~
its rights or remedies against the Debtor or others wI
it~ rinhts or remedies with respect to any part of thai.
EXHIBIT
, (hereinafter called "Lender") to make a loan or
~Jhether by acceleration or otherwise, according to the
der, will pay to Lender the amount due and unpaid by
d primary obligation of the Undersigned. Lender shall
make any demand upon or pursue or exhaust any ol
any of the Liabilities, or to pursue or exhaust any of
shall have no right of subrogation whatsoever wilt-
THE CONFESSION OF JUDGMENT BELOW
IS PART OF THIS OBLIGATION.
· The obligations ol the Undersigned hereunder, and the rights of Lender in the collateral, shall nol be released, discharged or in any
way affected, nor shall the Undersigned have any rights against Lender: by reasoc of the tact that any of the collateral may be in delault
al the time ol acceptance thereof by Lender or later: nor by reason ol the tacl Ihat a valid lien in any ol the collateral may not be conveyed
lo, or created in lavor of, Lender; nor by reason ol the tact that any ol the collateral may be subject lo equities or delenses or claims in
lavor ol others or may be invalid or deleclive in any way; nor by reason ot the lact that any of the Liabilities may be invalid lor any reason
whatsoever; nor by reason o! the tact thai Ihe value ol any of the collateral, or the linancial condition ot the Deblor or of any obligor
under or guaranlor ol any ol the collaleral, may not have been correctly estimated or may have changed or may hereafter change; nor
by reason ot any deterioration, waste, or loss by tire, theft, or olherwise ol any of Ihe collateral, unless such deterioration, waste, or loss
be caused by the willlul act or willlul failure to acl ol Lender.
The Undersigned agrees Io lurnish Lender, or the holder ol Ihe aloresaid hole ol the Deblor, upon demand, bul not more often than
semiannually, so long as any part ol the indebtedness under such note remains unpaid, a financial statement setting forth, in reasonable
detail, the assets, liabilities, and nel worth ol the Undersigned.
'i'he Undersigned acknowledges and understands Ihal il the Small Business Administration (SBA) enters into, has entered into, or
will enter into. a Guaranty Agreement with Lender or any olher lending institution, guaranteeing a portion o! Deblor's Liabilities, the
Undersigned agrees thai il is not a coguaranlor wilh SBA and shall have no righl ol conlribution against SBA. The Undersigned tu,rther
agrees that all liability hereunder shall conlir, ue notwithstanding payment by SBA under its Guaranty Agreement lo the other lending
institution.
The lerm "Undersigned" as used in this agreement shall mean the signer or signers of this agreement, and such signers, il more
than one. shall be jointly and severally liable hereunder· The Undersigned turther agrees that all liability hereunder shall continue
nolwithstanding the incapacity, lack ol aulhority, death, or disability ol any one or more ol the Undersigned, and that any failure by Lender
or its assigns lo lile or enlorce a claim against the estate ot any of the Undersigned shall not operate to release any olher 01 the
Undersigned Irom liability hereunder. The lailure ol any other person lo sign Ibis guaranty shall not release or affect the liability ol any
signer hereol.
Curtis E. ~owen .~
Karen 3. ~wen
NOTE.--Corporate guarantors must execule guaranly ,n corporate name, by duly authorized officer, and seal must be affixed and
duly altesled; partnership guaranlors musl execule guaranty ,n firm name. together wflh signature ora general partner. Formally executed
guaranty is to be delivered at the t,me of di.~bursemenl of loan
(LIST COLLATERAL SECURING THE GUARANTY)
e~n IN THE GU]tEANTY ON THE REVERSE HElium, u~ ~ ~~-- -- _ ........
...... -- ........... ~"'L OR TOTAL AMOUNT AS SET FORTH IN THE
ENDER AT ~NY X~zu~; ~uA '~'n~
L ~ ...... . ...~.~" V OVIDED FOR THEREIN~ WITH COSTS OF SUIT AI~
HER WITH A~ ~.r.~ ........ R
TOGET ON' AND THE UNDERSIGNE]
TTORNEY*S COMMISSION OF TEN (10) PERCENT FOR COLLECTI , ........
AXPRESSLy RELEASES ALL ERRORS; WAIVES ALL STAY OF EXECUTION; RIGHTS OF INQU~£T~u,
E ............ .~.~. "~N REAL ESTATE ~ ALL EXEMPTION OF PROPERTY
EXTEN~IO~ uYum ~x ~v~
COI~DEHNATIO~ ~ EZPRESSL! ~31~_~3~._~_z~ ~,~.~'['~y HERF. J~FTER BE ENACTED-
ANY ]~ND ALL EXEMPTION LAWS NOW Z~ ~u~u~ ~A w~
Karen J. Bowen
(SEAL}
SBA FORM 148 (4-91) REF. SOP 70-50 USE 5-87 EDITION
225,000.00 {Datel
SBA LOAN NUMBER
GP966995 30 05 PGH
Pittsburgh, Pennsylvania
(City ann Stalel
For value received, the unclersigned promises to pay to the order of PNC Bank, National Association
at its office in the city of
(Paye~l
Pittsburgh ,State of Pennsylvania
TWO HUNDRED
or at holder's option, at such other place as may be designated from time to time by the holder
TWENTY-FIVE THOUSAND AND 00/100 dollars,
0Nnle out amouml set forth below
with interest on unpaid principal com0uted from the date of each advance to the undersigned at the rate a/x
m3,m33r~xpayment to be made in installments as follows:
$225,000.00 with interest on the unpaid principal computed from the date of each advance,
payable monthly beginning one (1) month from the date of this Note; installments of principal and
interest in the amount of $2,490.68; payable monthly, beginning ONE (1) MONTH (s) from the
date of this Note; provided, however, the amount of the installment may change in accordance
with this Note. This is a variable interest rate loan in which the interest rate shall fluctuate in
accordance with this Note. This base rate (hereinafter defined as the "Prime Rate" as published in
the Wall Street Journal under "Money Rates") as of October 3, 1996 (date application submitted
to SBA), was 8.25% per annum. The interest rate (spread) to be added to the base rate at
beginning of each adjustment period shall be 1.25%. The initial interest rate is established on this
loan at NINE AND THREE TENTHS PERCENT (9.30%). The interest rate on the Note shall
increase or decrease by adding the interest rate (spread) to the base rate at the beginning of each .
(continued on page 3)
THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY. OR cLERK 0F
COURT
OF RECORD IN THE UNITED STATES OR ELSEWHERE TO APPPEAR FOR AND, WITH 01t WITHOUT
DECLARATION FILED, CONFESS JUDGMENT A~,%INST TWR UNDERSIGNED IN lr~VOR OF THE
HOLDER, A~BIGNEE OR SUCCESSOR OF HOLDER OF THIS NOTE, AT ANY TERM, FOR THE FULL
OR TOTAL AMOUNT OF THIS NOTE, TO~ETHEH WITH )T.?. "INDEBTEDNESS" PROVIDED FOR
~IN, WITH COSTS OF SUIT AND ATTORNEY'S COM2(ISSION OF TEN (10) P~CENT FOR
COLLECTION; Ah'D ~ u-'RD~I~ EXPRESSLY RELEASES ~?.T. ERRORS, NT. IFES ;~T.T. STAY OF
EXECUTION, RIGHTS OF INQUISITION AND EXTENSION UPON ANY LEVY UPON RF2LL ESTATE AND
ALL EXEMPTION OF PROPERTY FROM LEVY AND S~.LE UPON ANY EXECUTION HEREON, AND THE
UNDERSIGNED EXPRESSLY AGREES TO CONDEMNATION AND EXPRESSLY RELINQUISHES ;~.T. RIGHTS
TO BENEFITS OR EZEKPTIONS UNDER ANY AND )n~. EXEHPTION L~NS NOW IN FORCE OR WHIC~
MAY HERF2LFTER BE EleCTED.
If this Note contains a fluctuating interest rate, the notice provision is not a pre-condition for fluctuation (which shall lake place
regardless of notice). Payment of any installment of principal or interes! owing on this Note may be made prior to the maturity date
thereof without penalty, Borrower Shall provide lender with written notice of intent to prepay part or all of this loan at least three (3)
wee~s prior to the anticipated prepayment date. A prepayment is any payment made ahead of schedule that exceeds twenty (20) per-
cent of the then outstanding pnncipal balance, If borrower makes a prepayment and fails lo give at least three weeks advance notice
this note other document, borrower shall be required
of intent to prepay, then, notwithstanding any other pf ~l~;i~n to the contran( in or
to pay lender three weeks interest on the unpaid prir EXHIBIT [g such prepayment.
SBA Form 147 (567} PreWOU$ edwon$ ~e xx ('~ t ~ ~ P~ I
'1:'he term "Indebtedness" as used herein shall mean the indebtedness evidenced by this Note, including DrmczDal. ~nterest. and
'expenSes, whether contingent, now due or hereafter to become due and wnether heretofore or contemporaneously herewith or here-
after contracted, The term "Collateral" as used in this Note snail mean any funds, guarant~es, or nlner prope~y or r~ghts therein of any
nature whatsoever or the proceeds thereof which may have been, are, or hereafter may be, hypothecated, directly or ~ndirectly by the
undersigned or others, in connection with, or as security for, the Indebtedness or any part thereof. The Collateral. and each par~
thereof, shall secure the Indebtedness and each part thereof. The covenants and conditions set forlh or referred to m any and all in-
struments of hypothecation constituting the Collateral are hereby incorporated in this Note as covenants and cond~tions of the under-
signed with the same force and effect as though such covenants and conditions were fully set forth herein.
The Indebtedness shall immediately become due and payable, without not~ce or 0emancl, upon the appointment of a receiver or ·
liquidator, whether voluntary or involuntary, for the unclers~gned or for any of its property, or upon the filing of a petit,on by or aga,nst
the undersigned under the provisions of any State insolvency law or under the provisions of the Bankruptcy Reform Act of 1978, as
amended, or upon the making by the undersigned of an assignment for the cenefit of its creditors. Holder is authorized to declare all
or any part of the Indebtedness immediately due and payable upon the happening of any of the following events: (1) Failure to pay any
part of the Indebtedness when due; (2) nonpedormance by the undersigned of any agreement with, or any condition imposed by,
Holder or Small Business Administration (hereinafter called "SBA"), with respect to the Indebtedness; (3) Holder's discovery of the
undersigned's failure m any application of the undersigned to Holder or SBA to disclose any fact cleemea by Holder to be material or
of the making therein or in any of the said agreements, or in any affidavit or other documents submitted in connection with said appli-
cation or the indebtedness, of any misrepresentation by, on behalf of. or for the benefit of the undersigned: (4) the reorganization
(other than a reorganization pursuant to.any of the provisions of the Bankruptcy Reform Act of 1978, as amended) or merger or con-
solidation of the undersigned (or the making of any agreement therefor) without the prior written consent of Holder; (5) the under-
signed's failure duly to account, to Holder's satisfaction, at such time or times as Holder may reclutre, for any of the Collateral. or pro-
ceeds thereof, coming into the control of the undersigned; or (6) the mst~tutton of any suit affectmg the undersigned deemed by Holder
· to affect adversely its ~nterest hereunder in the Collateral or otherwise. Holder's failure to exercise tis ngnts under m,s paragraph shall
not constitute a wmver thereof.
Upon the nonpayment of the Indebtedness, or any part thereof, when due. whether by acceleration or omerwtse. Holder ts em-
powered to sell, assign, and deliver the whole or any part of the Collateral at public or private sale. w~thout demand, advemsement or
notice of the time or place of sale or of any adjournment thereof, which are hereby expressly waived. After deducting all expenses in-
cidental to or arising from such sale or sales, Holder may apply the residue of the proceeds thereof to the payment of the Indebted-
ness. as it snail deem proper, returning the excess, if any, to the unders,gned. The undersigned hereby wmves all right of reaernplton
or appraisement whether before or after sale.
Holder is further empowered to collect or cause to be collected or otherwise to be converted into money all or any par1 of the .
Collateral, by suit or otherwise, and to surrender, comprom,se, release, renew, extend, exchange, or substitute any Item of the Col-
lateral in transactions with the undersigned or any third'party, irrespective bt any assignment thereof by the undersigned, and without
prior notice to or consent of the undersigned or any assignee. Whenever any item of the Collateral shall not be paid when due, or
otherwise snail be in default, whether or not the indebtedness, or any part thereof, has become due. Holcler shall have the same rights
and powers with respect to such item of the Collateral as are granted in this paragraph in case of nonpayment of lhe tndePtedness, or
any part thereof, when due. None of the rights, remedies, privileges, or powers of Holder expressly provided for hereto shall be ex-
clusive, but each of them shall be cumulative with and in addition to every other right, remedy, privilege, an(3 power now or hereafter
existing in favor of Holder, whether at law or equity, by statute or otherwise.
The undersigned agrees to take all necessary steps to aamimster, suDerwse, preserve, ancl protect ;ne Collateral: and regardless
of any action taken by Holder. there shall be no duty upon Holder m this respect. The undersigned shall pay all expenses of any
nature. Whether incurred in or OUt of court, and whether incurred before or after th~s Note shall become due at tis maturity date or
otherwise, including but not limited to reasonable attorney's fees and costs, which Holder may deem necessary or proper m connection
with the satisfaction of the Indebtedness or the administration, supervision, preservation, protection of (including. but not limited to, the
maintenance of adequate insurance) or the reahzatton ,.,pon ~he Collateral· Holder is authorized to pay at any t~me and from time to
time any or all of such expenses, add the amount bt such payment to the amount of the Indebtedness, anti charge Interest thereon at
the rate specified hereto with respect to the principal amount of this Note.
The security rights of Holder and its ass,gns hereunder shall not be impaired by Holder's sale, hypothecation or rehypothecation
of any note of the unciersigned or any item of the Collateral, or by any indulgence, including bu~ not limited to (a-) any renewal, exten-
sion, or modification which Holder may grant with respect to the Indebtedness or any part thereof, or (b) any surrender, comprom,se,
release, renewal, extension, e~'change, or substitution which Holder may grant in respect of lhe Collateral. or (c) any indulgence
granted in respect of any endorser, guarantor, or surety. The purchaser, assignee, transferee, or pledgee of this Note. the Collateral,
and guaranty, and any other document (or any of them), sold. assignecl, transferred, ~ledged. or repledged, shall forthwith.become
vested with and ent~tlecl to exercise all the powers and rights given by this Note and all apphcat,ons of the uncierslgned to Holder or
SBA. as if saad purchaser, assignee, ;transferee, or pledgee were originally named as Payee in this Note and in said application or
apphcattons.
This Drom~ssor¥. note ~S ?ven Io secure a loan wn~cn SBA ~s making or ;n wmcn ,: ;s Dart~c~Datmg an(]. Dursuant to Part 101 o!
the Rules an0 Regulations o! SBA 113 C,F.R. 101.11c~)). th~s mslrument ~s to ce conslrueo ano (w~en SBA is the Hol0er or a par~y m
mterestl en!orcee m accordance w.n applIcable Fecleral law.
(continued from page 1)
adjustment period. Each adjustment period shall be thirty-six months beginning the first business
day following the prior adjustment period.
At said adjustment period, the remaining monthly installments shall change to reamortize the
outstanding balance of principal and interest
The balance of principal and interest and all other indebtedness is due and payable on or before
THIRTEEN (13) YEAR(s) from the date of this Note; provided further than any installment
shall be applied first to interest accrued to date ofr~.caipt af qald inetall__?_ep*_ ~nd the b~_hnce;
any; to principfl; balance at maturity.
The holder of the Note shall give written notice to the undersigned of each increase or decrease in
the interest rate within .thirty days after the effective date of each rate adjustment; however, the
fluctuating of the interest rate is not contingent on whether the notice is given.
If the Borrower shall be in default in installment on the indebtedne, ss as the SBA purchases its
guaranteed portion of said indebtedness, the rate of interest on both the guaranteed and
unguaranteed portion shall become fixed at the rate in effect as of the initial date of default. If the
Borrower shall not be in default in installment when SBA purchases its guaranteed portion, the
rate of interest on both the guaranteed and unguaranteed portion herein shall be fixed at the rate
in effect as of the date of purchase by SBA.
"THIS IS A JOINT AND SEVERAL OBLIGATION"
J.K. MILLER CORPORATION, a
Pennsylvania Corporation ~
Curtis E. Bowen, President
CURTIS E. BROWN and DAVID E.
SM/TH, individually, and as co-partners t/a
Smith & Bowen
By: (/~/~~
NMe.--Corporate applicams must execute Note. ,n corporate name. Dy ~luly authonze~l o~er. anO seal must De aflixeO ano cluly at~este<:l: part-
ner~hip &oplicants must execute Nole in firm name. together w~th signature of a general partner.
SBA Form 147 (5-87) Page 3
O. $. GOYERRNENT FRZNTING O~F~C~ : 1993 O - 348-951
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
VS.
CURTIS E. BOWEN AND
KAREN J. BOWEN
Defendants.
No.
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15265
and that the last known address of Defendants is:
320 North 24th Street
Camp Hill, Pennsylvania 17011
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION Plaintiff
VS.
CURTIS E. BOWEN AND
KAREN J.BOWEN
Defendants.
TO:
Curtis E. Bowen, Defendant
320 North 24th Street
Camp Hill, Pa 17001
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ~ ,200~, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $175,467.46, plus costs.
Prothonotary, Cumberl~nd'C~-y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION )
Plaintiff )
) No.03 -. 14~,
YS, )
)
)
)
CURTIS E. BOWEN AND
KAREN J.BOWEN
Defendants.
TO:
Karen J. Bowen, Defendant
320 North 24th Street
Camp Hill, Pa 17001
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ~, 20Q,.~_, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $175,467.46, plus costs.
Prot~o-notary~ cumb-erla~d ~~
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 commemial transaction.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and sub~c[ibed
before me this 2.4-'~' day
of ~O~ ,2003.
683.1 { IVielissa Szalkay, Notary Pub_hc t
I City of Pittsburgh, Allegheny sJoun[y I
[_My Commission Expires Oct. 31, 2005
Membor, Ponnsylvania Association ot Notaries
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
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 - Striking 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
CURTIS E. BOWEN and
KAREN J. BOWEN,
Filed on behalf of Plaintiff,
PNC Bank, National Association
Defendants.
Code:
Counsel of Record for This
Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
Personally appeared before me, the undersigned authority, John Matlak, who, being duly
sworn according to law deposes and says that upon inquiry, and from his own personal
knowledge, he knows and avers that the defendants in the above action are not in any branch of
the military service of the United States.
John Ma k~
Assistant 'ice President and
Attorney Relations Manager
Sworn and subscribed
before me this ,t. ! day
of ~/~f c,~ ,2003.
ion expires:
Notarial Seal
Melissa Szalkay, Notary Public
City of PittsbUrgh, Allegheny County
My Commission Expires Oct. 31, 2005
Member, Pennsylvania Association ot Notaries
VERIFICATION
The undersigned, John Matlak, hereby verifies the statements of fact contained in
the attached Complaint in Confession of Judgment to be true and correct according to his
personal knowledge, information and belief, and further pledges that this verification is
made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
Date:
By:~
Assistant ~ President and
Attorney Re~tions Manager
NO.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1451
CERTIFICATE OF SERVICE
UNDER RULE 2958.1
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
NO.
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1451
CERTIFICATE OF SERVICE UNDER RULE 2958.1
The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of
Judgment and Execution thereon, upon the Defendants on April 8, 2003, by certified mail, at the
following address:
320 North 24th Street
Camp Hill, PA 17011
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
Donn~ M. Don~h~r, Esquir~
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
197570_1
TUCI(EF( AKENSBEP-,.G, P.C.
CELEBRATING A CENTLIP~Y OF SER. VICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
PLaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1451
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Karen J. Bowen
320 North 24th Street
Camp Hill, PA 17011
A judgment in the amount of $175,467.46 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE.A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckerlaw, com
www. tuckerlaw, com
IJCI(EI:( At EN$t EI G, P.C.
CELEBRATINC 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
195924_1
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@luckerlaw, com
www.tuckerlaw, com
TUCKER ARENS E G, P.C.
CELEBRATING A CENTURY OF SERVICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
)
)
CURTIS E. BOWEN and )
KAREN J. BOWEN, )
Defendants.
No. 03-1451
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Curtis E. Bowen
320 North 24th Street
Camp Hill, PA 17011
A judgment in the amount of $175,467.46 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckerlaw corn
www.tuckerlaw.com
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
195924_1
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckerlaw.com
www.tuckerlaw.com
· Complete items 1, 2, and' 3;'Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address
so that we can return the bard to
· Attach this card to the
or on the front if s
1. Article Addressed tO'.'
2. Article Number ; ..
(Tren~r f~om ~,~Wce
0004 9736
1473
· Complete items % 2,. and ~. Also complete
item 4 if Restricted De ivery is desired, ...
· Print YoU~ name and address on the mveme- ;ii
so that we can return the c~rd to you.
· Attach this-card to*theback of the mailpiece,.
or on the front if space permits:
1. A~tlcle, · : ~ ' * '
2. Article Number
(Transfer from sew/ce/abe/)
~P,S,F, or~ ,38~1~1, ~gust~2gql 'I
,i ii ii,ii ii / i~ [ ]~
7002 1000 0004
9736 1480
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1451
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
ORDER OF COURT
AND NOW, this ~.--"-)--'day of ~~, 2003, the within Motion to Vacate
Judgment is GRANTED. The judgment entered at Docket No. 03-1451 is hereby vacated
without prejudice to PNC Bank, National Association for refiling the judgment on the Warrant of
Attorney.
Moreover, the Defendants, Curtis E. Bowen and Karen J. Bowen, are hereby deemed to
have forever waived as a claim against PNC Bank, National Association or as a defense to an
action by PNC Bank, National Association, exhaustion of the Warrant of Attorney contained in
the Small Business Administration Guaranty dated October 30, 1996 ("Guaranty") should PNC
Bank, National Association chose to refile a Complaint in Con~~d on the Guaranty.
CONSENTED TO BY: BY TH~ J.
Donna-M. Donaher
Attorney for PNC Bank, National Association
Eugene P~0ins~y," Esquire
Attorney for Curtis E. Bowen and Karen J. Bowen
BANK_FIN:206407-1 000011-111726
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1451
CONSENTED TO MOTION TO
VACATE JUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 267
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. 03-1451
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
CONSENTED TO MOTION TO VACATE JUDGMENT
AND NOW, comes the Plaintiff, PNC Bank, National Association ("PNC Bank"), by and
through its counsel, Tucker Arensberg, P.C., and files this Consented to Motion to Vacate
Judgment, stating as follows:
1. On March 31, 2003, the Plaintiff filed a Complaint in Confession of Judgment and
thereby obtained a judgment against both Defendants in the amount of $175,467.46.
2. The parties have subsequently reached an agreement pursuant to which the
Defendants have agreed to payoff the remaining balance due and owing to PNC Bank on the
subject obligation after having secured a home equity loan to finance the payoff.
3. Accordingly, PNC Bank has agreed to have vacated the judgment entered in this
instant action.
WHEREFORE, PNC Bank, National Association, requests this Honorable Court to grant
this Motion to Vacate the above-referenced judgment in accordance with the proposed Order of
Court. Respectfully submitted,
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 Qne PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank,
National Association
IN THE COURT Of COiVIMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .~ PENNA.
JUDII~HM. SMALL
PLAINTIFF
VERSUS
5COT~ ALAN SMALL
DEFENDANT
NO. 02 - 1451
AMENDED
Decree iN
DIVORCE
AND NOW,
DECREED THAT
AND
JULY t6
JUDITH M. SMALL
SCOTT ALAN SMALL
2003 , lt IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS Of MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLiIOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
BY THE Cour~
EDWARD E. GUIDO
ATTEST: ' /~ J.
/>~- - ~'"'"-;~- ~' PROTHONOTARY