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Home My WebLink About00-06464 ~, ,~_.,_' ';"';,:'0 > _.< ~,~"",-- "'CC,:",'_l_:,;_,:,:::'_,:-: 4' ."- \:,,:-'-:~~>::;Z,,:) " ""~;;li:"i II: COMMERCE BANKlHARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION NO. CJ6~(o4 (p4 cu;Jl RONALD D. BLYSTONE, Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant, Ronald D. Blystone, and confess judgment in favor of the Plaintiff, Commerce Bank/Harrisburg, N.A., and against the Defendant as follows: Unpaid balance of Note (as of September 11,2000) Interest on unpaid balance (as of September 11, 2000) Late fees (as of September 11, 2000) Attorney's collection fee (10% of unpaid principal balance and accrued interest as of September 11, 2000) $44,833.28 1,608.40 66.08 4,644.17 TOTAL (as of September 11,2000) $51,151.93 Respectfully submitted, METTE, EVANS & WOODSIDE By: .7i P. Beneventano, Esquire Sup. Ct. LD. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Commerce Bank!Harrisburg, N.A. Judgment entered as above, this ~day of September, 2000. ~TQJ ....1... .[j ro$ono,"" - - ~ /4./AJ . . 235795 ,,~,"'" " , ;; ;-~ --,~, - ,--,- " ,-~---~:,v.. 'i- ').w~'~;-;' "" '"",. ,'-,';."" -,~:' <;,,' ,l."j]rn~;, _"h,"'=_:!'l'<"'J"_'ff"'_,~, ,,~' . ,\,', ,I.", . "," - :~o ',L';'~)-' -:;.;;~" ..;;;;C'~;C"C;'P;;C;";;C"; ",cc.; ;. chc" clIkc; "--"-"-'- -- -,,~,~^+- " ,--," - -," --' , ~ >< ~ ;;;'c;C;;;'";;',,;"~rhC;;;,;O;;;';;;"; "'ccc c;;;;1 . 0 Q (~ c: 0 '"q ?' 'J") ~ "~-, ~!f f"'l ~;:;,~ "-0 "1.:;,_'::; 2:l;:: 1',) ~'C!m (;)2 l"._, ;JT -< ... (')0 r::::c '-' :E:Ii :B: 2:3 ::;;.: ~;; ?) 5><- N c~rfJ c:: ~ 0 S! :v c.n .. -< ,<, ~. ", "__r,,,d 'f~ ",",C_"',""'';-'" '',,==, _0." , -',-' '" ~ 00 ^ -, - _ _._j' 1, __ ,~ ,,",',;-- ;'''',-',:,/::''0'_--, ~"' -"",'eo'--''''-''d.!'' U-""-^ " ;- ~ "'~ ., COMMERCE BANKIHARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION NO. 0tr G/I G ~ CLVJ) RONALD D. BLYSTONE, Defendant COMPLAINT AND NOW, this 20th day of September, 2000, the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., through its counsel, Mette, Evans and Woodside, hereby files this Complaint pursuant to Pa.R.C.P. 2951(b), 42 Pa.C.S.A., for judgment by confession and avers the following: 1. Plaintiff is COMMERCE BANK/HARRISBURG, N.A. (hereinafter "Commerce Bank"), a national banking association with a principal place of business at 100 Senate Avenue, Camp Hill, Pennsylvania 17001-8599. 2. Defendant, RONALD D. BLYSTONE, is an adult individual who resides at 1438 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. '-..-'<.-, " :""'"'t,.;-" -'---,-,-;,;,:',~',i-,;,;,;, ,: '""~.;-:;: ';~-" r'-",~' '-f,A',r"""-'~"~r,v.~_,,<:!(", ,,"'"~~: ,!", ~ '''''''''' ?', ',~ ""_."'~ ""Ulb.f'lu,=b I,"~ ,"", ' "~",'~"'~"""'''"'"G''',, """ fiiliL'" ,.' " h"""""""""""""" 0 '=' C) C',;: 0 ~n ?;: (I) weD M "T] !:;!rr " i~':': ..-'_:T.,; z~ N i""T1 Cf)d.2:, I" ;~~~j ~~ e5tj " "" v ~1-~ :;:{ ZO :JK ~C) >8 l'-.' onl ''-1 L.- a ~ :< C.Jl -< " .., '~ , .. " " .,'~--;;-~ ~- ~",- -'.;-.C"..;-,^ _ "" ,'i "",:,,__ -;; ,,,,,S,~;'~_;~' ':, ,'_' '<-"'1.\ 3. Attached as Exhibit "A" is a true and correct copy of the Promissory Note (hereinafter "Note"), dated February 23,1998 and executed by Defendant in favor of Commerce Bank. The Note authorizes confession of judgment "after a default." 4. In connection with the Note, Defendant was provided with certain documents explaining the meaning and consequence of a confession of judgment. These documents are identified as "Explanation of Rights - Confession of Judgment" and "Disclosure for Confession of Judgment," true and correct copies of which are attached hereto and identified respectively as Exhibits "B" and "C." 5. On February 23, 1998, Defendant executed the "Explanation of Rights - Confession of Judgment" and the "Disclosure For Confession of Judgment" in connection with the Note. By executing these documents, Defendant acknowledged his understanding that Commerce Bank had the right to confess judgment against him in the event that he defaulted on the Note. 6. The Note has not been assigned. 2 . ,-,L"'. .' ,~ ,'C, " ;;,,~. ;.'-<,<--';,,",;..'", . -';; '--"'~',.,-..,-- C,,",- ',' :,:~";;it;;.f~',0'.-"'c':';-:;,~T.j,--:~ "c,-'.." ";"--"r 7. Judgment has not been entered in any jurisdiction on the Note. 8. Default was made by the Defendant in the payment of $448.34, due on June 23, 2000, and in the payment of all subsequent installments, whereby under the Note the entire sum is in default and immediately payable. 9. Such defaults are continuing. 10. Defendant is currently liable to Commerce Bank as follows: Unpaid balance of Note (as of September 11, 2000) Interest on unpaid balance (as of September 11, 2000) Late fees (as of September 11,2000) Attorney's collection fee (10% of unpaid principal balance and accrued interest as of September 11, 2000) $44,833.28 1,608.40 66.08 4,644.17 TOTAL (as of September 11, 2000) $51,151.93 11. An affidavit certifying the last know address of Defendant, that his income exceeds $10,000.00 per year, and that he is not in the military service of the United States or its states or territories, is attached hereto as Exhibit "D" and incorporated hereby by reference. 3 "-~,~. ~ '<__,--:--,^__~_--_" '-C'"",,,'o,"'r.<. , "'<:,':'<:' " ",., , ."" "","-".'7' , '.,-~. '. __,~ ~;-,i,~-;,,:,,:;'j';S"<'''-'-'c;-..;;;>; ',."__"'~ J_" ,_<, ::" --".,'-'-'"'~, WHEREFORE, Commerce Bank demands judgment in the sum of $51,151.93, plus all additional sums resulting from Defendant's continuing default, as authorized by the warrant of attorney appearing in the attached instrument. Respectfully submitted, METTE, EVANS & WOODSIDE By: U3~ y P. Beneventano, Esquire Sup. Ct. I.D. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Commerce Bank/Harrisburg, N.A. Date: September 20, 2000 .-," ,_'->d --" , -~ - - '" ---"-"-- ,-'- ''''', ','. ,'~-,- - -,~ ,- _ 'ic' '~:'..._ o","~:;;;. &" .._', ,,' ,__' ,,_ _ f> VERIFICATION I, David C. Amsden, state that I hold the title of Vice President/Asset Quality at Commerce Bank/Harrisburg, N.A., the Plaintiff in the above-captioned action, that I am authorized to make this Verification on its behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. COMMERCE BANK/HARRISBURG, N.A. David C. Amsden Vice President/Asset Quality Date: i - 2- C' - C' ~ ,: , I' "lV'-',,.: ~:-' ",-""..'. ""i;-;~,{",,;_;i -"",~.. "-.,,-,~,,' ~. ".-, ~~~~- -,';-,...:.,:',"-, L if"'-- - ,-~ ,'-C-- ~"" '__ ._ . "d',,,,,,",",,,.,,, '", "'~.. .~ '..;. '"'J ,J "-,,,~--~' ,-, o c ~ "'- ."OCC, rnc:- ~~' ~\('~~' L ,~ )>9 ....,_. 2: :< ", "~,~," ,"'". , '" -'.""""1 r.::> <:.? en ,.." --0 N 1-....) o 'T1 ", ''';1_'::] r' "~(}t:3 Qc':, ~* --t ")>- ::0 -< ''0 :J1C ~ ':::> (11 , "'""'-~~__jillJ"IlI~ii1.~~"~"-~"IiiIIld__ . ' '__"d;-,+[:.:, ~ ~:a P":') ~ PROMISSORY NOTE ( . R.ferences In th. shad.d area are lor L8nder's use Borrower: Raneld D. Blystone (SSN: 180 34 "5&) dbe: Dewey'e Dry Dock & Dell :rr Norlb Second Slreet Harrtsburg, PA 17105 Lender: Commen:e Benl<lHerrlsburg, Nallanel Assoclellan Meln Olllce/Commerclel Cosl Cenler P.O. Box 8588 100 Senete Avenue C8mp HIli, PA 17001-859. ,~ . , Principal Amount: $45,000,00 Initial Rate: 10,500% Date of Note: February 23,1998 PROMISE TO PAY. Raneld D. Blyslone ("Barrower") pramlseala pay 10 Cammeree IIankIHIItrIsburg, Nallanel Assocllllan ("Lend.r"I, or order, In laWful money ollhe Unlled SlBtea 01 AmerIce, the prInc\plll &mOunt at Forty Five Thousand. 001100 Dallers 1$45,OOO.QO) or so much .s may be oulstendlng, IOgether wtlh Inlerest an the unpe!d oulstendlng principe! belenee 01 eech edvence. Inleresl sh8/1 be celculeled from Ihe dsle 01 each advence unlll repaymenl 01 eech edvenee. PAYMENT. Bonower wID pay thleroen on demend, or Il,na demend Is made,lnone peyment 01 ell oulslendlng principe! plus ell eccrued unpe!d In!erell an Februery 23, ,.... In eddlUan, Borrower wID pay regulll monthly payments OllCCl'Ued unpe!d Inlllresl beglMlng Merch 23 ,_, end ell 8Ubeequenllnlereal payments _ due on the aeme dey 01 eecII month _r thll. The ennuallnteresl rela lot Ihl$ Nole Is compuleJ on a 365/360 basis; lhatls, by applying the ratio at Ihe annuallnteresl rale aver a _ of 360 deys, multiplied by lhe oulslandlng princlpel balence, mulllplled by Ihe aclual number 01 days Ihe principal balance Is outstanding. Barrower will pay Lender al Lender's address shawn above or al such ather place as L.nd.r may d.slgnale In 'writing. Unless ath8/W1se agreed or required by appUcabla taw, paymenls will be spplled first 10 accrued unpaid Inlerest, then to principal, and any remaining amount to any unpaid collection casls and lala charges. VARIABLE INTEREST RATE. The Interesl rale an IhIs Nola 1$ subjeclla change !rom time to Ume based on chenges In an Index which 1$ Ihe "COMMERCE BANKIHARRISBURG, NATIONAL ASSOCIATION RETAIL PRIME RATE" (the ,ndexj. The Commerce Bank/Harrisburg, National Association Retail PrIme Rala, hereinafter referred 10 as "Commerce Bank PrIme" shall be Ihal rate which Lender establlshas as lis PrIme Rala, whelher or not published. The eslabllshmenl and publication 01 Commerce PrlII1lf Rate by Lender shall nalln any way preclude or limit Lender !ram lending to certain barraw8lll, !ram time 10 time, at a rete at Intereslless than Ihe Commerce Bank PrIme Rate. The Applicable Rate allnteresl shall chenge an the dale on which any change In the Commerce Bank/Hanlsburg, NatIonal Association ReIaU PrIme Rele shaU become .1IeclIve. When said Interest rate changes an a day ather lhan a paymenl due date under IhIs Nate, Interest shaD be celculaled an a per diem basIS lor such manlh. To the extent permitted by Pennsylvania lew, Interesl sheD ba celculaled by lha method known as Ihe "Banker's Rule" using the actual days the principal balence Is autslendlng hereunder dlvldad by 3SO days end mulUpllad by the then applicable rate of Interest described herein; provtded, however, Ihat 10 the extent such calculation Is not permmed by Pennsylvanle Iew,lntarest hereunder Shall be celculeted an Ihe basis at a 365 or 365 day yeer, IS lhe case may be. Lender will tall Borrower the currenllndex rate upon Banower's request. Barrower understands lhat Lender may make loens based an alher rates as well. The Interest rate change will not occur mOl8 often then eech day. The Index currently Is '.000% per ennum. The,lnleresl releto be epplled 10 Ihe unpe!d principe! belence allhls NoIe Will be .. e rate 011.500 percen18ge points over the Index, resulUng In en InlUeI rele 0110.500% per ennum. NOTICE: Under no circumstances will the Interesl rate an thl$ Nate be mare Ihan the mllldmum rete allowed by appUcable taw. PREPAYMENT. Barrower agrees thaI allloen lees and ather prepaid finance chllJgas ere earned fully as of the dale at the loen and will not be subject to relund upon eariy payment (whelher voluntary or as a result at defeulll, except as otherwise required by law. Except lor the larsgolng. Barrower may pay without panalty all or a parlIan at lhe amount owed earlier lhan Ills due. Early payments will not, unIe$$ agroed 10 by Lend.. In writing, ralleVe Borrower 01 Borrower's obligation 10 continue 10 make paymenls 01 accrued unpaid Interesl. Rather, lhey will reduce lhe principal balence due. LATE CHARGE. II a payment Is 15 days or mare lele, Borrower ,wtll ba charged 5.110O% ollhe regul8rly scheduled paymenl. I DEFA\l.T. Borrower will be In daleullll any oflhe IoIIowIng heppans: (a) Borrower _10 make any payinent when due. (b) Borrow.. breaks any pramlse Borrower has msda to Lender, or Borrower Ialls to comply with or 10 perlarm when due eny alher tarm, obUgatian, covanant, or condition conlalnad In this Note or eny agreemenl related to this Nate, or tn any alher agreemenl or laen Borrow.. has wtth Lender. (cl Borrow.. defaults und.. any loen, extension 01 credU, security agreement, purchase or sales agreemenl, or eny ather agreement, In Ievor of any alher credilor or parson Ihel may materially allecl any at Borrower's properly or Barrawer'$ ablllly 10 repay Ihls Nale or perform Barrower's obligations undar this Nate or any ollhe Relaled Documents. (d) Any representation or statement mede or furnished to Lender by Borrower or an Borrower's behallls lelse or misleading In any material respect either now or at the time made or furnished. (e) Barrower dies or becomes Insolvent a receIVnr Is appointed for any part 01 Barrow81's properly, Borrower makes an asslgnmenllot the benellt 01 creditors, or any proceeding Is commenced elther by Borrower or against Borrower under any bankruptcy or insolvency laws. (I) Any credllar lries 10 take any 01 Borrower's properly an or In which Lender has a lien or security Interest. This Includes a garnishment 01 any at Borrower's accounts with Lender. (gl Any of the events described In Ihls deleult secllan occurs with respecl to any guarantor 01 this Nole. (hi A malerlsl adverse change occurs In Barrow....s financlal condition. or Lender believes lhe prospect 01 payment or pertormance 01 the Indebtedness Is Impaired. II any defeull, ather lhan e dalaullln paymenl, Is cureble and II Borrower hes not been given a nallce at a breach 01 the sema provl$lan ollhl$ Note, within Ihe preceding twelve (12) months, II may be cured (and no evenl at default will hava occurred) II Barrower, efter receiving written naUce from Lender .demandlng cure of such defeuO: (a) cures the daleUO wtthln ten (10) days; or (b) II lhe cure requires mare then len (10) days, Immadlately Inlllates steps which Lender c1eemS In Lender's sole dlscreUOn to be sulficlent 10 cure the dafault and thereallar conttnues and completes all reesanable and IIlIC8SSIIIY steps sulllclant to produce compliance as saan as reaspnably pracllcal. LENDER'S RIGHTS. Upon default, Lender may, eller giving such nottces IS required by applicable law, declare Ihe enllre unpe!d principal balence an Ihls Nale and 8/1 accrued unpaid In_tlmmedlately due, and lhen Borrower will pay lhel emaunl. Upon dalaull, including Iallure to pay upon final malurlly, Lender, allls option, may also, II permitted under appUcable Ie,,!, Increese the variable Interest rate on this Nate to 3.600 pan:entage poln"- awr the Indax. The Interest rate will nof exceed lhe mexlmum rate permllled by applicable lew. Lender may hire or pay someone aIsa to halp collect Ihls Nate II Barrawer does not pay. Barrower also will pay Lender lhal amount. This Includes, subjeclla any IImlls under applicable law, Lender's allorneys' lees and Lender's legal expenses whether or nalthere Is a lewsult, Including aftarneys' fees and legal expenses lot bankruptcy proceedings Oncludlng ellarls to modlly or vacate any automatic stay or Injunellan), appeals, end eny anttclpaled pasl-judgmenl coIlac11an services. II nol prohibited by applicable law, Borrower also will pay any court costs, In addlUan to all ather sums provtded by law. II judgment Is enlered In connection with this Note, Interesl will continue 10 accrue an this Nate after Judgmenl at the Interesl rete applicable 10 Ihls Nate al the time Judgmenlls enlered. This Nale hee been delivered to Lender end accepled by Lender In Ihe Commanweellh 01 Pennaylvente. IIlhere la a taweull, Borrower agrees upon Lender's request to 8Ubmllto Ihe Jurledlcllan ollhe courta 01 Cumbertend County, Ihe Commanwe81th 01 Pennaylvenle. Lender and llorrower hereby welve the rlghlto eny lury IrI8Iln eny 8cIIan, proceeding, or counlen:lelm brought by eltlier Lender or lIorrower egelnsllhe Qlher. TIllS Nale sh8/1 be governed by end construed In _rdenee wllh the laws allhe Commanwe811h 01 Pennaylvenle. IlISHOMORED ITEM FEE. Barrower will pay a lee to Lender at $10.00 II Borrower makes a paymenl on Borrower's laen and lhe check or preaulharized charge with which Barrower pays Is letar dishonored. RIGHT OF SETOFF. Barrower granls to Lender e contraclual possessory _urlly Intereslln, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's righi, titie and Interesl In and la, Borrow81's accounts with Lender (whelher checking, sevlngs, or same olher accounl), Including without Umltatian all accounts held jolnUy with sameane else and all accounts Barrawer may apen In the lulure. excluding however aU IRA and Keogh accaunls, and all trust accounts for which the grant of e _urily Interest would be prohibited by tew. Borrower authorIzeS Lender, 10 .he extent p..mltted by applicable law, to cherge or setaH all sums owing an this Nate agalnsl any and all such accounts. COLLATERAL. ThIs Nate Is _ured by a Mortgage !ram Borrower 10 Lender daled Fsbruary 23, 1998 an properly commonly known as 1438 Bridge Street New Cumbarland, Cumberland Caunly, Pennsylvania; UCC's an Business Assets. UNE OF CREDIT. This Nate evidences e revolving line of credit. Advances under this Nate may be requested orally by Borrower or by an aulhoriZed person. Lender may, but need not, require lhel all oral requests be confirmed In writing. All communlcallails, InstrucUans, or dIrecIIans by telephone or QlherwIse to Lender ere to be dlrecled to Lendar's aItIce shawn sbove. The fallowing party or parDes are authoriZed to requesl advances under lhe line QI credit unlll Lender recelves !rom Borrower al Lend....s address shown ebove written nallceat revacetian at IhaIr authority: Roneld D. Blystone. Borrower agrees 10 be liable lot all sums elIher: (al advenced In accordance with IhelnstrucUans of an authorized p8lllan or (b) credited to any at Barrower's accounlll with Lender. The unpaid prtnclpaI balance owing an \his Nate al any Ume may be evldanced by endarsemenls an this Note or by I.8ndar's Inlernal records, Including dally computer prI/1k)uJs, Lender wtll heve no obligation to edVance lunds under IhIs Nate It. (al Barrower or any guerentor Is In delault under the terms at this Nate or eny agreemenllhal Borraww or any guaranlor has with Lender,lncludlng any agreemenl made In connecllan with the signing at \his Nate; (b) Borrower or eny guarantor __ doing business or 1$ Insolvent (c) any guarentor seeks, claims Of QlharwIse eUempts to Ilmi1, madlly or nwoke such guaranlor's guarantee at IhIs Nale or any other loan willi Lender; or (dl Borrower has applied funds provided pursuant 10 \his Nate lot purposes ather then Ihose authortzed by Lender. A ANNUAL PAYOUT PERIOD. Barrower shall ba required 10 reduce the outstanding prlnclpal balance under this Une of Credit to zero for a II " ,', . conscuUve day period during each year of lha Une 01 Credit. ',"i'j. ~,,-~-..,~'~ ,0 ~'~"'--"1"I~'''' ~ "" ~~ --~--"~ ""- ~ 02-23-01998 loIn No 2757395 PROMISSORY NOTE (Continued) ,~ " "1!l1llM mJ ~,"J J!jjli~'1r.~ Plge 2 GENERAL PROvISlqNS. This Nole Is payable on demand. The Inclusion of specific defauR provisions or rlfjhls 01 Lendar sllall not prllClude Lende~s right 10 decl8ll1 payment of this 'Nota on Its demand. Lender may delay or forgo enforcing eny ollis rights or llImedles under this Nole without losing them. Borrower and any otller person who signs, guarantees or enclorses this Nola, \0 lhe extenl aIIDWlld by law, waive \llllS8IIlmanI, damand lor payment, prolest and notice of dishonor. Upon eny change In tha Ierms ollhls Note, end unless otherwise expressly slated In wrlfjng, no party who signs this NOIe, whether as maker, guarantor, accommodation maker or endorser, shaJl be released !rom UebWIy. All such partles egree lhat Lender may 1lIn&W or eXtend (llIpaatedly and for any length of time) this loan, or 1lI1ease eny party or guerentor or coIIaleral; or Impa~, faJllo realIm upon or perfecl Lendar's securlly Interest In the collateral; and lake any other ecUon deemed lI8C8SS8Iy by Lender wilhout lhe consent of or nab to anyone. All such parties also agree thet Lender may modJly this loan w1thoutlhe consent of or nab 10 enyone otller lhan lhe party with whom lhe modification Is lliade. If any portion of \his Nole Is for eny rNSOl1 determined to be unenforceable, It wID not affecllhe enlorceabUily 01 any other provisions 01 this Nole. CONFESSION OF JUDGMENT. BORROWER HEREBY tRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR ClEfIK OF ANY COURT IN THE COMMONWEALTH OF PENNSYlVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTI:R A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOU1' COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUJ)GMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BAlANCE OF,THIS NOTE. AlL ACCRUED ImEREST, LATE CHARcaES; AND ANY AND AI,L AMOUNTS EXPl:NDED OR ADVANCED BY LENDER RELATING TO ANY COlLATERAl. SECURING THIS NOTE TOGETHER WITH INTEREST ,ON SUCH AMOUNTS;TQGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S COMMISSIoN OF TENPERCE/IIT (10'l10) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLlECTION, BUT IN A/oN EVENT NOT LESS THAN FIVE HUNDRED OOl.LARS ($5llO) ON WHICH JUDGMeNT OR JUDGMeNTS ONe OR MORE exECUTIONS MAY Issue IMMeDIATELY; AND FOR so DOING.THI.S NOTE OR A,COPY OF THIS NOTE VERtFleD BY AFFIDAVIT SHAlL Be SUFFICieNT WARRANT. THe AUTHORIlY GRANTED IN THIS NOTE TO CONFE!SS JUDGMeNT AGAINST BORRoweR SHAlL NOT Be exHAUSTED BY ANY exERCISE OF THAT AUTHORIlY. BUT SHAlL CONTINUe FROM 11M!: 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 A/oN SUCH CONFE!SSION 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 AlTENTlON OR BORRoweR HAS BeEN REPRESENTED BY INDEPENDeNT LEGAl. COUNSEL. THE LIEN ARISING fflOM A/oN JUDGMENT CONFeSS,ED OR eNTEREP PURSUANT TO THe FOREGOING AUTHORIlY SHAlL NOT EXTEND TO A/oN OF BORROWeR'S RESIDeNTIAl. REAl. PROPERlY AS THAT TERM IS OEFINED IN THE peNNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO.6). REFE!RRED TO AS THE LOAN INTEFleST AND PROTECTION LAW, AS AMENDeD, AND THe HOLDER OF /W'( JUDGMeNT CONFesSED OR eNTERED PURSUANT TO THE FORGOING AUTHORIlY SHALL NOT, IN eNFORceMeNT OF A/oN SUCH JUDGMENT, exECUTE, LEVY OR OTHeRWiSe PROCEED AGAINST ANY SUCH RESIDeNTIAl. ReAl. PROpeRlY; PROVIDeD, HoweVER, THAT THE LIEN OF SUCH JUDGMeNT SHALL EXTEND TO SUCH RESlpeNTIAI. ReAl. PROPERlY AND THAT THE HOLDeR THEREOF SHALL Be PERMITTEP TO exECUTE, LEVY OR PROCEeD AGAINST SUCH RESIDeNTIAl. REAl. PROPERlY FROM ANP AFTER THE eNTRY OF A JUPGMeNT AS CONTEMPLATED BY SECTION 4111 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2961 TO 2966 OF THE peNNSYLVANIA RULES OF CIVIL PROCEDURE, OR ,SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LieN OR /W'( exECUTION, LEVY OR OTHER eNFORCEMeNT CONTAINED IN THE IMMEDIATELY PRECeDING SENTENCE SHAlL APPLY WITH RESPeCT TO ANY JUDGMeNT OBTAINED OTHER THAN BY THE FOREGOING AUTHORIlY TO CONFESS OR ENTER JUDGMENT. PRIOR TO SIGIIING THIS NOTE, BORROWS! READ AND UIIDS!STOOD AlL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIAIIU! INTEREST RATE PROVISIONS. BORROWS! AGRI!ES TO THE TS!MS OF THE NOTE AND ACKNOWLEDGES R1!CEIPT OF A COMPLETED COPY OF THE 1I0Te. THIS NOTE HAS BeEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWS!: ~,.~. ''-',',..' ,,~."', ,~.~: ... '.:. '-. !o;, '" ,..~'Wl1< ......:'. onaUl D; Blyatone ' SllIn X p x Wllnesa LASER PRO, RIg. U.6. p,t. I T.M. on.. VII'. 1.24 (G) 11el OFI fIroStntk:'..Inc:. AIII'l"ht. r..""'cI.IPA-DZO GIlL Y.LN C21.0VLI Variable Ral.. Line of Or.dll. -. .' .or . . (~ ~' @( :",,', ,', :,"'... 2<:1:..1 ~-~ "'""rllil"- ~........... .~ ~I"-~~ ~~.~~ IIr;J_ FOR USE WITH PROMIIRY NOTE CONTAINING CONFESSI~F JUDGMENT CLAUSE EXPLANATION OF RIGHTS-CONFESSION OF JUDG~T 1. On the date hereof, Ronald D. Blvstone. tldlbla Dewev's Dry Dock & Deli with offices located at 37 North Second Street. Harrisbura. Pennsvlvania Ithe "Borrower"), as Maker executed a Promissory Note Payable to the order of Commerce Bank/Harrisburg, N. A" its successors and assigns I"Commerce") in the original principal amount of $ 46.000.00 together with interest thereon and all other charges as set forth therein or in any other Loan Document as defined therein Ithe "Loan Document"). Borrower desires to induce Commerce to close the loan to Borrower. Borrower clearly and specifically understands that by signing the Promissory Note Ithe "Note"), which contains a Confession of Judgment Clause: la) Borrower' authorizes Commerce to enter a Judgment against Borrower and in Commerce's favor which will give Commerce a lien upon any real estate which the Borrower may own; Ibl Borrower gives up the right to any notice or opportunity to be heard prior to the entry of such Judgment on the records of the court; Ic) Borrower agrees that Commerce can enter the Judgment after default as defined in the Note or in anv other Loan Document executed by Borrower simultaneously herewith; Id) Borrower subjects Borrower's property, real, personal and mixed, to execution and sheriff's sale, pursuant to the Judgment, prior to proof of non- payment or other default on Borrower's part; Ie) Borrower will be unable to challenge the Judgment, should Commerce enter it except by proceeding to seek relief from or to open or to strike the Judgment, and such a proceeding will result in attorneys' fees and costs which the Borrower will have to pay; If) Borrower gives up the right to require Commerce to present a sworn document setting forth in non-conc'lusory terms the basis for its claim before obtaining a writ of garnishment or a writ of attachment or a writ of execution; Ig) Borrower agrees that the writ of garnishment or writ of attachment or writ of execution may be issued without notice and without the necessity of a review and approval by an official vested with requisite discretion; and Ih) Borrower gives up the rig!)t or opportunity for a prompt hearing after seizure of or execution or levy on the Borrower's property, at which hearing Commerce must demonstrate at least the probable validity of its claim and that Borrower voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and hearing prior to entry of the Judgment. 2. Borrower knows and understands that it is this instrument and the confession of judgment clause in the Note which gives Commerce the rights and benefits enumerated in subparagraphs la) through Ih) of paragraph 1 above. IF BORROWER DOES NOT SIGN ~IS INSTRUMENT AND THE NOTE WHICH CONTAINS THE CONFESSION OF JUDGMENT CLAUSE, BORROWER UNDERSTANDS THAT BORROWER WOULD HAVE THE FOLLOWING: la) the right to have notice and an opportunity to be heard prior to entry of the Judgment; Ib) the right to have the burden of proving default rest upon Commerce before Borrower's property can be exposed to levy, attachment. garnishment or execution; Icl the right to avoid the additional expense of attorneys' fee and costs incident to seeking relief from or opening and striking off a judgment; Id) the right to require Commerce to present a sworn document setting forth in non- , conclusory terms the basis of its claim before Commerce obtains a writ of garnishment or a writ of attachment or a writ of execution;, leI the right to condition the issuance of a writ of garnishment or a writ of attachment or a writ of execution on notice and review and approval by an official vested with requisite jurisdiction; If I the opportunity for or right to a prompt hearing after seizure of or levy or execution on Borrower's property, at which hearing Commerce must demonstrate the probable validity of its claim and that Borrower voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and hearing prior to entry of Judgment. ' 3. Fully, completely alid knowingly understanding these rights which Borrower has prior to signing the Note and this instrument and clearly aware that these rights will be given up, waived, relinquished and abandoned if Borrower signs the Note and this instrument, Borrower nevertheless freely and VOluntarily chooses to sign the Note and this' instrument, Borrower's intentions being to give up, waive, relinquish and abandon its known rights las described in paragraph 2 above), and subject itself to the C,ircumstances described in paragraph 1 above. .~,""'~~ ~ . ~-~ .' ~ ~~ ~ ~ ~ '~ ~""" j" .,' .w e . PAGE 2 4. Borrower acknowledges that lal the Note and this instrument have been executed in a commercial transaction for business purposes; Ibl at all times material hereto Borrower was represented by counsel in connection with the execution of the Note and every other Loan Document, and in particular the Note and this instrument; and lei Borrower reviewed the Note and this instrument with Borrower's attorney before signing them. 5. Whenever the context of this instrument requires, all terms used in the singular will be construed in the plural and vice versa, and each gender will include each other gender. Dated this 23rd day of Februarv. 1998. ( BORROWER HAS READ THIS ENTIRE FORM. BORROWER FULLY UNDERSTANDS ITS CONTENTS AND INTENDS TO BE LEGALLY BOUND HEREBY. BORROWER: Ronald D. Blvstone tldlbla Dewev's Drv Dock & Deli , B . NA E: Ronald D. BI one TITLE: Business Individual ~~'""_ ,<"0'0 '-~I._" . ~- ~.- -~_........I.... ,- ~ ]j',,', DISCLO~E FOR CONFESSION OF J~tGMENT References In the shaded area ~ lor Lender's use onl Borrower: Ron8ld D. Blyslone (SSN: 180-34-9956) dba: Dewey's Dry Dock & Dell :r7 North Second Street HllrrISbura, PA 17105 . _.Lender: Commerce EIankIIfan1sburu. Natlon81 Association MaIn OllIcelCommerClal Cost Center P.O. Box 8599 100 Senate Avenue Camp HIli, PA 17001-l1599 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS '}. 3 DAY OF f" e b. ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE. CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE. WITHOUT ADVANCE NOTiCE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FUlLY AWARE OF MY RIGHTS TO ADVANCE NOTICE 'AND to,A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER a.AIMSlHAT LENDER MAY ASSERT AGAINST ME UNDER'; THE NOTE, I AM KNOWINGLY, INTEWGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDII!lG ANY RIGHT TO ADVANC'; NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S _~UDGMENT AGAINST ME:BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT. IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AlSO CONTAINS LANGUAGE THAT WOlLO PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF:OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULL~ AWARE Of MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT' . DER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS::1.:: c'""',,,.-fi!! , ",q1, A PROMISSORY NOTE FOR $45,000.00 OBliGATING C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT'WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS AEPRESENTEDBY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. ~ ~IA REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO ~ MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILJ.ED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COpy AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEA' "" BY THE UNDERSIGNED. -.rp x Wlln_ \..ASER PRO, Reg. U.S. Pa.1.. I; T.M.Ott., Ver. 3.24{e)1Ua CFI ProSeNlcts, Inc. AllrtghtsreaeNett. lPA-D3I302.BLY.LN C21.0VLl ", . ,_" , - ~ _,C,." '_, _ -,,' ~-,.." - ~_ ~-- , '--^:"~:' _r-_ "," _,_u_ , . " . . " J COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. NO. RONALD D. BLYSTONE, Defendant AFFIDAVIT OF ADDRESS AND INCOME AND VERIFICATION OF NON-MILITARY SERVICE I, David C. Amsden, being duly sworn according to law, depose and say that: 1. I hold the title of Vice President/Asset Quality at Commerce Bank! Harrisburg, N.A., the Plaintiff in this action, and I am authorized to make this Mfidavit on its behalf. 2. Defendant is Ronald D. Blystone, an adult individual. 3. To the best of my knowledge, information and belief, the income of the Defendant exceeds $10,000 per year. 4. The address of the Defendant is 1438 Bridge Street, New Cumberland, Pennsylvania 17070. '-", -- ~.. " <.'" .,'"_;,,,j,', '-0;.- " -,-,. ';"""f'I, , .. " I ~ J' , 5. To the best of my knowledge, information and belief, Defendant is not in the military service of the United States, nor any state or territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of September, 2000. 6L --.. David C. Amsden Vice President/Asset Quality Commerce Bank/Harrisburg, N.A. ~" -~ . , ' ,.. "~'-' '''''0'' """__h" <,'_", ~ '_ _ -"-"'" d_" "",, - ,".L,,- _~';', "'. ,,, '~l . " . . f , . l t COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this 20th day of September, 2000, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared Guy P. Beneventano, Esquire, who being duly sworn according to law says that he/she was personally present at the execution of the foregoing instrument and he acknowledged that the said instrument was duly executed by David C. Amsden, for purposed therein contained and in the capacity therein stated, and that the name of this deponent and of said David C. Amsden subscribed to the said instrument are of their respective handwritings. Sworn to and sUb~me this O! / /It day of , 2000. WITNESS my hand and Notarial Seal the day and year afores . . Olfa/L Wld d. Notarial Seal Margaret L. 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