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Home My WebLink About03-1662IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VSo GRANT ELECTRICAL CONTRACTING, INC.: Defendant : No. Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance Interest through 04107/03 Reasonable Attorneys Fees (10%) $76,975.37 $ 416.08 $ 7,697.53 Total Judgment entered as above. $85,088.98 Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. GRANT ELECTRICAL CONTRACTING, INC.: Defendant : COMPLAINT No. Confession of Judgment AND NOW, to wit, this day of~ 2003, comes Waypoint Bank, Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a cause of action whereof the following is a statement: 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North Second Street, Harrisburg, Pennsylvania. 2. The Defendant is Grant Electrical Contracting, Inc., a Pennsylvania corporation whose principal address is 610 Alexander Spring Road, Carlisle, PA 17013. 3. That attached hereto and incorporated herein by reference thereto is a copy of the original instrument executed by the Defendant authorizing confession of judgment ( note dated January 18, 2000). 4. The attached instrument has not been assigned. 5. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951 (a)(2). That judgment has not been entered on the attached instrument in any jurisdiction. 7. The attached instrument provides for confession of judgment against the Defendant, at the Plaintiffs option. Plaintiff has exercised its option to confess judgment pursuant to the terms of the instrument for an mount which the Defendant may become liable. 8. as follows, as of April 7, 2003: Principal Balance Interest through 04/07/03 Reasonable Attorneys Fees (10%) Total Amount As a consequence of the foregoing, the Defendant is liable to the Plaintiff $76,975.37 $ 416.08 $ 7,697.53 $85,088.98 WHEREFORE, PlaintiffWaypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. DATED: Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 HARRIS® PROMISSORY NOTE ~rrower: Grant Electrical Contracting, Inc. Lender: 1937 Spring Road Car#Me, PA 17013 Herds Savings Bank 234 N. Second Street P O Box 1711 Harrisburg, PA 17106 Principal Amount: $200,000.00 Initial Rate: 9.500% Date of Note: January 18, 2000 ,PROMISE TO PAY. Grant Electrical Contracting, Inc. ("Borrower") promises to pay to Harris Savings Bank ("Lender"), or order, in lawful money of the United States of America, on demand, the principal amount of Two Hundred Thousand & 00/100 Dollars ($200,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from ~the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan Immediately upon Lender's demand. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning March 1, 2000, with all subsequent Interest payments to be due on the same .~J of each month after that. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. 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 late charges. .VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. ~This rate may or may not be the lowest rate available from Lender at any given time. 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. The interest rate change will not occur more often than each Day. The Index currently Is 8.600% par annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at s rate of 1.000 percentage point over the Index, resulting in an Initial rate of 9.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a regularly scheduled interest payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever Is greater. If Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after Le~tder's demand, Borrower also will be charged either 5.000% of the sum of the unpaid principal plus accrued unpaid Interest or $10.00, wNchever la greater. LENDER'S RIGHTS. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a laWsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), alN3eals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any coud costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Danphln County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any Jury trial In any action, proceeding, or counterctalm brought by either Lender or Borrower agslnst the other. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RI~I' OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lerlder all Borrower's right, title and interest in and to, Borrower's accounts with Lender (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 security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided on this paragraph. ~LI#E OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or by an authorized pemon. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following party or parties are authorized to request advances under the line o~ credit until Lender receives from Borrower at Lender's address shown above wrilten notice of revocation of their authority: Alan G. Ungsr, President. 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 Lender's internal records, including daily computer print--outs. Lender will have no obligation to advance funds under this Note if: (a) -Bo~ower 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 alFeement 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. ~ECURITY. Ail collateral (as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other a~reament, promissory note or undertakings now existing or hereinafter entered into by Borrower to Lender. The term "Collateral" includes all tangible and intangible property (i) described in any mortgage, assignment or any other security document separately executed in favor of Lender pursuant to this Note, and (ii) in which a security interest has been granted to Lender pursuant to this Note. CROSS COLLATERALIZATION. This Note will be cross-collateralized/cross-defaulted with all other loans to the Borrower from the Lender. 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Lender: 1937 Spring Road Carlisle, PA 17013 Harris Savings Bank 234 N. Second Street Hamsburg, PA 17101 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED BORROWER IS EXECUTING, THIS EIGHTEENTH DAY OF JANUARY 2000, A PROMISSORY NOTE FOR $200,000.00 OBLIGATING THE BORROWER TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST THE BORROWER IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO THE BORROWER AND WITHOUT OFFERING THE BORROWER AN OPPORTLrN1TY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE BORROWER'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE BORROWER UNDER THE NOTE, I, ON BEHALF OF THE BORROWER, AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EN'I~RING JUDGMENT AGAINST THE BORROWER BY cONFESS C PpOVIDED FOR IN ZHE CONFESSION OF mIX3MENT PROVISION. AGAINST THE BORROWER WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTI-IER WISE SEIZING THE BORROWER'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE BORROWER UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY 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 TO LENDER'S EXECUTING O.IXJ/,?TI~, JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS:~, · /. 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 REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. J~A~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT 1 '~- ' PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT THE BORROWER'S ANNUAL INCOME EXCEEDS $10,000.00; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. TI-~S DISCLOSURE HAS BEEN SIGNED AND SEALED BY TI~ UNDERSIGNED. ~ Unger, Pres~t VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of WAYPOINT BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. WAYPOINT BANK DATED: ri. ~ . 0 ~.~ By: ~an E. Lightner Vice President 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS· GRANT ELECTRICAL CONTRACTING, INC. Defendant : No. Confession of Judgment Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled ease, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's, last-known address is 610 Alexander Spring Road Carlisle, Pa 17013. Sworn and subscribed before me this c?/~.~ day of/°~.r, 7 , 2003 Notary Public My Commission expires: Benjamin Attorney for Plaintiff I.D. No. 72030 I Notarial Seal Sandra M. Aulbach, Notary Public City of York, York County My Commissioo Expires May 23, 2005 Member, Pennsylvania Association ot Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK' FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. : No. GRANT ELECTRICAL CONTRACTING, INC.: Defendant : Confession of Judgment OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 I hereby certify that the precise mailing address of the Defendant, Grant Electrical Contracting, Inc., is: 610 Alexander Spring Road Carlisle, Pa 17013 DATED:~~_~ Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. GRANT ELECTRICAL CONTRACTING, INC. Defendant : No. Confession of Judgment NOTICE OF DEFENDANT*S RIGHTS TO: Grant Electrical Contracting, Inc. 610 Alexander Spring Road Carlisle, Pa 17013 A judgment in the amount of $85,088.98 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 your. The sheriffmay 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 T A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pa 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. : No. GRANT ELECTRICAL CONTRACTING, INC.: Defendant : Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this ~5~/'gq day of jZ~? r, '/, 2003, I, Benjamin F. Riggs, Jr., Esquire, attorney for PlaintiffWaypoint Bank of 235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Defendant's Rights filed in the above captioned matter by certified, first class mail, return receipt red, urged, as well asfarst e~l,ass mail, postage prepaid, on the Defendant, on the day of//J/Or/ / , 2003 as follows: Grant Electrical Contracting, Inc. 610 Alexander Spring Road Carlisle, Pa 17013 Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. : No. GRANT ELECTRICAL CONTRACTING, INC.: Defendant : Confession of Judgment () () NOTICE OF FILING JUDGMENT Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the mount of $ 85,088.98 on the __ day of ,2003. A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (I.D. No. 72030) Attorney for the Defendant 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105-1711 Telephone: (717) 815-4518 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent: Grant Electrical Contracting, Inc. 610 Alexander Spring Road Carlisle, Pa 17013 SHERIFF'S RETURN CASE NO: 2003-01662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS GRANT ELECTRICAL CONTRACTING REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE was served upon GRANT ELECTRICAL CONTP_ACTING the DEFENDANT at 610 ALEXANDER SPRING RD , at 1448:00 HOURS, on the llth day of April CARLISLE, PA 17013 LAURA GARNER, SECRETARY by handing to ADULT IN CPIARGE a true and attested copy of CONFESSION OF JUDGE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 25~ day of ~1~ A.D. ; IProthonotary' i · So Answers: R. Thomas Kline 04/14/2003 WAYPOINT BANK Deputy Sheriff