HomeMy WebLinkAbout01-0706 FX
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA
CIVIL ACTION - LAW
MELLON BANK N.A.
1735 Market Street, 7th Floor
PhiladelphiaPA 19101-7899
No. (')/-7D("
e(.>:L y~
vs.
CAROLYN L. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, P A 17055
TO: Carolyn L. Thompson
NOTICE
NOTICE IS GIVEN THAT A mDGMENT IN THE ABOVE-CAPTIONED MATTER
HAS BEEN ENTERED AGAINST YOu.
PROTHONOTARY
~
If you have any questions concerning the above, please contact:
Robert C. Lopez, Esquire
WOLF BLOCK SCHORR & SOLIS-COHEN LLP
, ,
1650 Arch Street, 22d Fl.
Philadelphia P A191 03
(215) 977-2000
BLU-106016 _lILRC16811MEL049-129331
013101/12:27
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WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
BY: Robert C. Lopez, Esquire
I.D. No. 80163 Attorney for Plaintiff
1650 Arch Street, 22d Fl.
Philadelphia PA 19103
215-977-2000
MELLON BANK N.A.
1735 Market Street, 7th Floor
PhiladelphiaPA 19101-7899
No. ()1-7~ C~C> ~ L ~~
vs.
, CAROLYN L. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS
OFCUMrnERLANDCOUNTY
COMPLAINT FOR CONFESSION OF
JUDGMENT FOR MONEY
1. Plaintiff, Mellon Bank N.A., is a national banking corporation with a place of business
at the above-stated address.
2. Defendant is Carolyn L. Thompson, individually and d/b/a C & J Enterprises with a
last known address as stated above.
3. On or about January 16, 1998, in consideration for credit accommodations granted
by Plaintiff, Defendant executed and delivered a certain Promissory Note and Security Agreement
in the principal amount ofTwo Hundred and Forty Three Thousand Dollars ($243,000.00) ("Note ").
A true and correct copy ofthe Note is attached hereto and marked Exhibit "A".
4. There has been no assignment of the documents attached hereto as Exhibit" A" .
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5. Judgment has not been previously entered against Defendant in this jurisdiction on the
documents marked Exhibit "A" hereof
6. Upon demand or default, the full accelerated indebtedness due under the Note
becomes immediately due and payable, together with accrued interest at the rate set forth in the Note,
attorney's fees, costs and expenses,
7. Defendant is in default under the terms of Exhibit "A" hereofby virtue of their failure
to tender timely payments when due and/or upon demand and has become liable to Plaintiff for the
following amounts broken down as follows:
Principal Balance $238,424.53
Accrued Interest until 1129/0 1
(per diem $59.60) 58,446.07
Attorney's Fees and Costs (To be assessed sec. leg. )
Total: $296,870.60
8. Despite demand by Plaintiff, Defendant has failed and refused to tender the obligation
set forth in Paragraph 7 hereof
9. Defendant is a natural person and this judgment is not being entered against a natural
person in connection with a consumer credit transaction.
10. This Confession of Judgment does not arise out of a retail installment sale, contract
or account as defined under the Goods and Services Installment Sales Act, 69 P.S. Section 1101, et
sec.
BLU-I06016 _l/LRCl681IMEL049-129331
013101112:27
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WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount
of$296,870.60 together with interest accruing at the rate set forth in the Note.
WOLF, BLOCK, SCHORRAND SOLIS-COHENLLP
B [. ~ g-
y. l..' ~
Robert C. ope ,- squire
BLU-I06016 _1/LRCl681IMEL049-129331
013101112:27
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VERIFICATION
Walter J. Letts, hereby states that he is a Vice President of Mellon Bank NA, the Plaintiff
herein, and as such he is authorized to take this verification and states that the facts set forth in the
foregoing pleading are true and correct to the best of his knowledge, information and belief and that
this verification is taken subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities. It is further verified that the transaction in question is of a commercial
nature and that Defendants are in default thereunder.
~~
Dated.! /J/~I
BLU-I06016 _lILRCI681/MELD49-129331
013101112:27
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For value rel'eived, ant! inrcnding to he legally 11ountl. Undersigned.
as delincd 11clow. promises to pay-
MAllnn R~nk N ~
("Bank") or its order at
Harrisburq, Pennsylvania
t11esum of
$
Jill non nn
'T'l.rn ~llnrlr.orl Wnr-+-y rrht'"oj::;> 'T'hnl1<:::~nrl ~nrl
00/100
Dollars ($ )41 non nn), or I\uch lesser or ~rcatcr
principal amount as may he outslal1Lling from rimc to time ~11(kr a
di,<;crclionary line of credit estal1lished hy Bank for lhe I1cncfit of
Unc.lersignetL with interest on thc outstanding halancc from the
delte of this Note and Security Agreement ("Note") at the ratc(s)
("Contractual Rate(s)") specified herein.
INTEREST SHALL BE CALCULATED AT THE RATE OF
9.00% PER ANNUM, BASED ON A 360-DAY YEAR
AND ACTUAL DAYS ELAPSED. PRINCIPAL AND
INTEREST SHALL BE PAID IN 119 CONSECUTIVE
MONTHLY INSTALLMENTS Of. ~3,095.00 EACH,
COMMENCING ON .5J/~" /lib ' AND
THEREAFTER ON THE' DAY OF EACH MONTH WITH
THE BALANCE OF THE I DEBTEDNESS, fF NP! ~
SOONER PAID, DUE AND PAYABLE ON tl0i5p.OOo
Upon the occurrence of ,my Evt:nt of Der,lult (as defined helow),
at Bank's option, interest shall aCcrue at 11 rale equal to two percent
(2%) per annum ahove the Contractual Rate(s) specified untillhe
eartier of (n) the date that such Event of Default has hcen curL'u.
(b) untit and including the uate of maturity hereof, or (c) if this
Note is paY,lhlc on demand, until and induding the date for
payment in full set forth in any such demantI, whichever the cw~e
may he.
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THOMPSON. cA~~Z~~Z.:~~~;~i~;;;;;~~~~~;~;~/"
C & J ENTERPRISES ,101-875-13054
Alter ll1aturlty, whether hy accclermHlI1 or otherwise, or if this Note
is payahle on demand. <\t'tcr the date for payment in full set forth in
<my such demand. at Bank's optIon. interest shall accrue at a rate
eqLH~I~ [02 pc.reem (2'_11) per annum ahove the Contractual Rme(s)
spccl!led until all sums due hereunder are paid. Interest shall
continue 10 accrue after the entry of judgment hy confession or
otherwise al the Contr:lctuHI Rate(s) until all Sums due hereunder
~U1c.l(or under the judgment arc paid.. u~l,ess ,the Contractual Ratc{s)
IS (arc) altered hy suhscqUl::nt maturHy. I 111S IS the Note or one or the
Notc,~ referred 10 in thaI' OWl All "ml:.'ll! dmctl
hct\....ecn Undersigned a 1I Bank. as the samc may he supplememcc.l
from time to time.
Ir any {layment (including without limitation any regularly scheduled
payment. halloon payment ant! final payment) is not paid willlin
15 _ days after it is due, llnclerslgncc.l will pay a late charge as
spedlil:d 11clow. regardless of whether tllC payment due consists of
principal and inlcrCI\l. prindpal only or interest only:
r l_(~(' of the unpaid portiun of the payment due
pq$ 25.00
[ jthe gre-ater (If $ . l)r _ % of the unpaid
portion of the payment due
f lime payment chmge c.toes not apply
Such late charge shall be in addition to any increase m.flde to the
Contractual Rate(s) applicable to the outstanding balance hereof as a
result of maturity of this Note or otherwise, as well as in addition to
any other applicable fees, charges and COS[s.
Undersigned shall have the right. at i\:s option, to prepay this Note in
whole at any time or in part from tim':: to time. Any such prepayment
shall he applied first to any accrued but unpaid interest, secondly to
the prepayment charge, if any, discussed helow, and lastly to the
unpaid installments of principal in the reverse order of their
scheduled maturities. In the event that any portion of principal of this
Note accruing interest at a fIXed rate is prepaid for any reason
whatsoever, whether by declaration~ acceleration, demand or
otherwise anti whether or not an Event of Default has occurred, a
prepayment charge shall be due and payable by Undersigned to
Bank. calculated as descrihed in the Prepayment Addendum, if any,
whieh references this Note. from Undersigned to Bank, incorporated
herein by reference anti made a part hereof. All such prepayments
shall he suhject to all terms and contIitions of any such Prepayment
Addendum.
So long as Bank is the holder hereof. Bank's hooks and records shall
\1C presumed. except in the case of manifest error. to accurately
evidence at all times all amounts outstanding under this Note and the
date and amount of each advance ami payment made pursuant
hereto,
The prompt and faithful pcrformance of all of Undersigned.s
uhligmiol1s hereunder, including without limitation time uf paymcnt,
il\ or the \:s:-;CI1l:e of this Note.
C'crtain terms uSl.:d in this Note arc defined in Section t4 below,
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l. S~curity ~nterest. U lltkrsignetl hcn::hy grams to Lhmk a securilY
interesl in the followillg property now owned or hercatkr acquin:t1
by Undersigned:
.I]i~ (<.1) all equiprnenr, wherever localCtl, including machinery,
motor vehicles, furniwre and lixtures;
IXJ ,(,.-1- (h) all inventory (whether held for sale or lease or to he
t"urnish\::.u unuer cnntracts or service), r,lW mmerl::lls. wmk in
process, and materiHls used ur consumed in the cundUl.:t uf
U ndersignetl's business. :.md all houks, records, invoices and other
documents which tkscribe ur evidence thl.: samt:;
o _ (c) ull ['Hrm protlucrs:
Ii1U (d) all :.JCCOUl1ts, ClJl1trac! rights, generLlI int..mgihles, chuses
in iH.:tion. instrul11t:nls, chattel paper, t1ucLlments (inc!w.lil1!! all
uOl.:umcnrs ur title and warehouse rect.:ipts) and all righls ll; lhe
paymenr uf money, huwever eviul:l1cl:l! ur arising;
0_ {e} the securities descril1ed 11eluw, together with all cash,
stock or tlthcr divic.tel1us ur discrihutiollS puic.! UpOll Dr made in
n:,spct.:t of sut.:h set.:urirks in '-Iny form; all securities recdve(,1 in
addition to or in exch.lIlge for suel1 securities; HilL! all sUl1scriptioll
rights incident Lo sueh jcmrities: una
oil (I) Other;
(g) In add.ition to the hweguing, Umlerll,igneu ( l) gnmt:-> to Hank. <l.
security inrerest in all acc~ssions, purts, accessories, attaChm~lllS
and ap'purwnances ill ClI1Y wuy used with, ilrt<.u.:hcd llr rduted to, ur
installed in, any equipment or inventory cUllstituting: "Collaleral"
hereunder: (2) grunts to Bank a sel.:urity interest in all sub.stitutlons
fur, renewals of. improvements, replacements and additiuns tu, and
Lhi.: products and proceeds (l.:wih and non-eash) uf all property
cunstiruling "(.'uHaterul" he::reum,1t:r iJnd '-iny insurullcc plllicies
rd,Hil~g ther~lO; (~) gra.nts to Hank a. security ~l1tercsl in, lien upon,
and fight of seton agamst, all depusit m:ctluiHS, credits, securities
~11Uneys ur uth.er prt~pert~ of Undersigneu which may at any time h~
111 the pusses~Hon of. delivered to, or owed by Bank, illdutiing any
proceeds or returned ur unearned premiums uf insurance, and the
proceeds (~ush and l1on.l.:ash.l .of <.lll the furegoing property: aml (4)
as.slgns to Bank aU moneys wl1lch muy bl:cume pLlyahle un any pulicv
ut !I1suranct: reqUlrcc.1 to be maintained umkr this Note, includin:r
any reI umed or um:arneu premiums. ~
All such property subjet.:t to Bank's security inten:sls dcscriheu in rhb
Section I is referred to herein l:ullectiwly as the "C:llll..l!t:r~jl." WiLh
n:spel:t 10 Section 4. hcreunc.kr. tht.: Lt.:rm "CuUater<.l]" shallnol include
the property dt:sl.:rihed in su!1set.:rilll1s (g) (1) and (g) (-I.) uf this
Sel.:tion I.
All sel:urity interesls in Collmeral shall he deemed 10 <.Jrise <.lnd b~
pcrfet.:!ed under and governed oy the Uniform Cummercial Code,
ext.:ept (U [ht: t:xtent thm such law uues 11(,lt apply to cerruin types uf
transactions ur Cull;,ner..IL in which case upplicable law shall govern.
2. Obligations Secured. 1111:: Collateral shall SeCure the folluwing
ot1ligmiuns ("Obligations") of Undersignt:d to Bank: (a) all amounts
1.11 <lny time uwing or puyable under this Note; (b) all costs and
expenses incurred by Bank in the collection or enforcement uf this
Note or the protectiun uf the Collateral; (c) all future advances made
by Bank for taxes, levies, insurance, and repairs to or maintenance of
the Collateral; and (d) any other indebtedness, liability or ohligation
of Undersigned to Bank, past, present or future, direct ur indirect,
absolute or contingent, individual, joint or several, now due or to
be::cume due, whether as drawer, maker, endorser, guaruntor, surety
or uther.vise, t:xcept that none of the security interests created herein
shall secure any obligation incurred hy Undersigned which is defined
as r'consumer credit" by Federal Reserve Board Regulation Z, 12
C.P.R. ~226.1 et seg., and is not exempted from the application of
thm Regulmion.
3. Representations. Undersigned hereby makes tht: following
representatiuns and warranties which shall be trUe and currect on the
dme of this Note anti shaH continue to be true and correct at the time
of the creation of any ObJigatiun secured herehy and until the
Obligatiuns secured hereby shall have been paid in full: (a)
Undersigned's residence and/or Chief E.xecutive Oftice, as the case
may be, is as stated below or as otherwise stated in a subsequent
written nmice delivered to Bank pursuant to the terms hereof; (b)
Undersigned has goud and markerahle title to the CulIU[~ral subject
ru no security interest, lien or encumbrance, except <.IS indie:.Hcd to
the cumrary ru Bank in writing prior to the executioll uf this Note;
anti (c) if any of the Undersigned is an jmhvidul:Il, each such
individual is at least 18 years of age and under no legal disability or
incapm:ity.
..j.. Covenants. Undersigned covenants anti agree~ [hat unlil lhe
Oblig:'llions secured hereunder have be~n p<.Jid in full, Undersigned
shall: u) use the proceeds of the luan t:videnced hereby only for the
hu~iness purpose(s) specified to the Bank at or prior to lh~ execution
hereof; (b) nut permit u~e uf the Cullareral for any ilIegul purpuses;
(c) promptly nOli!)' Bank in writing of any change in its or their
n:sidenl.:e Dr Chid Executive Oftke; (d) not permit removal ufany of
the Collateral from county to counry or state to state unless Bunk has
given written consent in advance; (e) maintain at ull times good and
marketable title tu all Collateral, fret:: and clear of any security
inliCn:$l, lit::I1 or cl1cumhranct:: (except as to which. Bank may grant its
prior written consent pursuant to ser.:liun .:j. (t) below), and defend
such title aguinsr the claims and demands of all persons; (t) nor (1)
ani.x the Collatemlor permit the Collareral to be affLxed III real estmc
or [u any llther goods, {2} lease, mortgage, pleagt: tJr encumber eh.e
CoHateral, (3) permit [he CullmeraJ's itlentiry tu be lost, (4) permIt
the Cullateral tu be levied UPUl1 or attuched under any legal process,
(5) permit or cause any security imerest or lien to arise with respect
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tt~ {he Collateral (\lther than tho:;c (,:re,"~d. if! this Nlltc). or (6)
e:n:q1r Collmeral cllslommily sold l'y UI1De~"[l1C on.Unary
cour,"-c of husiness ;;Ind :-:0 sold in such manner for ("ull value. sell.
consign. part with plJsst:3sion Dr, or otherwise dispose of the
Colla~eral ~lr any right~ rh~rcil1. except as Bank may grant its prior
specltlc. written cons~nr with rcsp~cl In m;ts or events specitied in
suhscct!o!1S (I), (2), (5) Of (6) hereof: (g) mailwlin the Collateral in
good comlirion and repair, excepting only reasonable wear and
telr: pay and discharge all taxes and \Hher levies on the Collateral.
as well as the costs of repair and maintenance thereof: anti furnish
to Bank upon rcquc,<;t documentary proof of paymcnt nf SUcll
rnxes. lcvies amI costs: (h) provide additional collateral at such
times and having such value as Bank. may request. if Bank. sl1~111
have rcasonal1le grounds for 11elieving that the value of the
Collateral h<.lS hecomc in,",ufficicnt lO securc all Ohlil!atillns
evidenced ur securcd by this Note: (i) purchase and m:lintain
policies nf insurance (Including: flood insurance) to protect Ihe
Collateral or other property against such ri~ks and casualties. and in
such amounls. as shall he required 11Y flank and/or applicable 1.:lw.
which policies shall (I) he in form and suhsti.1nce satisl~lCtorv to
l3.:mk. (2) ,II Bank's of'tion, de:tigmlte Bank ,IS loss payee; and/(;r <.l!\
additional insured. and/or contain a lemler's loss payahle
endorsemem. ':IOU (3) be (.or certitk:~ucs evidenc:ing same shall he)
depo:'iitcd Witll Bank: (j) provide. upon rcque:'it, tInancial Dr other
information, doeumeocarion or ccrriticmiol1s to Bank (including
halance sheets and income statements), all in form and content
satisfactory to Bank: (k) execute. upon dem<lnd {1Y Bank, any
financi!ll! statements or other documents which Bank may deem
necessarY to perfect or maintain perfection of the security
interest( s) created in thiS Note and pay, upon demand by Bank, (l)
all costs and fees pertaining to the tiling of any financing,
continuation or termination statements, mortgages, satisfaction
pieces, judgments and any other type or' docum~nt which Bank
deems necessary or desirahle to he filed with regard to security
interests which secure the Obligations evidenced or secured hercby,
regarctle."is of whether such securiry interesrs were g!'<1flred by
LJndersignec.L and (2) all coMs and expenses incurred by Bank in
clil1net.:tiol1 with any Collateral securing this Note (including
without limitation all advances mad~ by Bank for ta."{cs. levies.
insurance, repairs to or maintenance of the Collateral. appraisal or
valuation of the Collateral, and determination and moniroring of
flood hazan.t status), regardless ofwnether such Collateral is owned
by Undersigned; (I) procure, and cause a statement of Bank's
security interest to be noted on, any certificate of title issued or
required hy law to be issued with respect to any motor vehicle
constituting part of the Collateral, aod cause any such certificate to
be delivered to Bank within to davs from the iater of the date of
this Note or the date of the issuance of such certificate; (m) pay,
upon demand, all amounts incurred by Bank in connecrion with any
action or proceeding taken or commenced by Bank tD enforce or
collect [his Note or protect, insure or re~Jize upon the Collmeral,
including attorney's fees equal to the lesser of (a) 20% of the above
sum and interest then due hereunder, or 5500.00, whichever is
greater, or (tl) the maximum amount permitted by law, and
attorney's cost~ and aU costs of legaf proceedings: and (nl
immediately notity Bank if any of Undersigned's accounts arise out
of contracts with the United States or any department. agency Dr
instrumentality thereof, and eXecute any instruments and take any
steps required by Bank in order that all moneys due and to hccome
Jue under any such contracrs -~hall he assigned to Bank and nutiet:
thereof given to the Ullited States under the Fetleral A.'isignmcnl
\)f Claims Act.
5. Environmental Representations, Warranties and t:.:ovenants.
In addition to the representations, wurrantit:s anu covemllltS S~[
hmh in this Noll'. the Loan Agreement (if any) and any mht:r
li()cumcnt cxecuu:d and delivered in connection with thi:.; Note
~lI1d/or Ihe Loan Agreemem, Undersigneu herehy represents.
warrants:. covenants and agrees, on behalf uf itself and each of its
s-unsie.!iaries and affiliates, if any. thar: (J) ench of them now has and
wil~ continue to huv'e all Ellvironnlt:1lIal Pcrmits (.us hereinafter
dcllllC~) necessary for the conduct of each of [heir businesses une.!
uperatlons: (h) each of them conuucts and will continue to cond '
'h f h' " ' uot
eac 0 .1 Clr \Jusm~s!\c:; amI oper:Jtiuns in material compliance WIth
;]~I ~ppllcablc Envln:J1l1l1cmal Laws (us hereinarter defined) and
l"'lWlr.onl11ent~11 Penmt.~; (el lhere does not exist, [lor wit! any of them
pcrn:lt to CXI~t. m~y ~vcnt or C01lllitlon that requires or is likely to
reqUire any of them un.cler any f:nvironmentat law to payor expend
funlls. hy :vay of fines. Judgmems, damages. cleanup. remediation or
the like m an aggn:gnte amount, the payment of which could
n:uson.ahly he expe~!Cd to interfere suhstanlially with norm,1l
uperatlons of UnderSigned or materially adversely alTect the tim:ll1cial
condition of Undersigned: (d) Undersigned shall notily Bank. in
writing within live (5) husiness days, upon becol11ing awure of allY
pending or rhreatcned proceeding. suit. investigation, aJJcJ.!;.Hioll ()~
inquiry regarding any alleged event or condirion that. if'-- resolved
unfavorahly to Undersigned Dr ;}ny of Undcr::;Jgnec.J':; suh!\idiaric.s or
affiliates. is likely to I.:ause Undcf!'ignct1 or any of its sul1sidiarie~ or
affiliates under .:my Environmcnral LJW to pa.y or expend funds Mv
way of tIncs. pcnaUics. admlnislrmive actions, judgment.s. damagc~.
deuning, rcmcdil.ltion or the like. or cause Undcr.~igned or any ll( ilS
subsidiarics or affiliates to payor exptlllt funds for any third pmtv
claims. proceedings. acrions or judgment::; for persona! injury ()~
property damage resulting from dn event or conditioll relatinn to
Hazardous Su!1stunccs {as hereinafter defined} or from a re!eas~ or
threatened release of llazafl1uus Substances: and (e) Undersigned
shaH provide at Unc.lcrsigncd's cost. upon request by Bunk.
certifications, documentation. copie~ of pleadings and other
information regarding the above. all in form and content satisfactory
to Bank.
6. Additional Representations. If the Collateral includes inventory
and/or accounts, the foHowing shaH be applicable: In addition to any
r.epresentations and warranties set forth elsewhere in this Note,
Undersigned hereby makes the following representations and
warramies which shaH he true ~md correct en the date hereof and
shall continue to be true and correct at the time of any borrowing
made hereunder and until the Obligations shall have been paid in
full: (a) each account: (1) represents an amount actually owing to
Undersigned by the account debtor (less discounts allowed for
prompt payment); (2) is valid and enforceable according to its terms
without further performance of any kind; (3) is not evidenced by any
instrument or chattel paper unless the original of such instrument or
chattel paper has heen depo$ited with Bank; and (4) is not evidenced
by any judgment unless such judgment has he en assigned of record
to Bank: and (h) the locations of all of Unllersignect's places of
husiness are as stated elsewhere in this Note, and the inventory and
records of the accounts arc kept at the places indicated elsewhere in
this Note.
7. Additional Covenants. If the Collareral includes inventory and/or
accounts, the following shall he applicable: In additiun to tl1~
covenams ser forth elsewhere in this Note. Undersigned covenants
and agrees that until the Obligations shat! have been paid in full
Undersigned ShHII: (a) immedimely notify Sank in writing in Ihe
event that any of the following occurs: (1 ) any account is or hecumt:s
emirled to or eligible for discoullt for prompt paymem: (2) :lny
aCCllunt c.Ichror has or may have any defense to payment of, or right
of sewlT. <':OI.JI1tercl:'lim. or recoupment againsr :lny account; (3) <lI1Y
account represcnts an amount which is disputed by rhe account
debtor ur the payment of which is in any way contingent ur
conditional; or (..I.) the c.lesirahility, usefulness, or marketahility of any
of the invt:ntory has heen in any way reduced Or impaired by reason
of phy~ical t.letcrioratiun, technical ohsole~cence. or otherwise; (h)
keep accurate and complete hooks and records in accordance with
gcncraUy accepted accouming principles and. at Umlersignc(Js
expense, promptly furnish Bank such informatioll and documents
relating to rhe Cullateral at such time:) and in such form and de tall ,1S
Bank may request. including without limitation: ( I) copies of invulcc~
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or ll[h~r evidence of lJl1tkrsigm:u's accounts and scheduk~
showing the aging, identificution, reconcili:.uiun, and cullection
thereof; (2) evidence of shipment and r~ceipt uf gouds and the
performance of services or obligatiuns cuvered by acCtJuncs; and {3}
reports as to Undersigned's inventory and purchases, sales,
damage, ur luss thereuf; all uf the foreguing to be certitled by
authorized officers or olher empluyees uf Undersigned; (c) not
change any lucation listed elsewhere in this Nute reganJillg places
of business, inventory and records of <.H':CUUnts without Bank's prior
written consent: (d) at Undt:rsigned's expense, diligently collect the
accounts on behalf uf Bank untiL such time us Bank exercises its
right to directly collect the accounts. and upun notice from Bunk.
ddiver all proceeds llf accuunts to Bank forthwith upun receipt, in
the uriginal form in whk:h received; (e) immediately upon Bank's
rt:quest, open a cash collateral account ("Cash CuHareral Al:coum")
ar Bank and deposit' therein all cash proceeds of cullections on the
accounts: (f) immediatdy upon Bank's request, give the Bank
assignments, in form acceptahle to Bank, of specit1c accounts or
groups of ,1(.;counrs and specitlc general intangibles, and
immediately repay the amount louned ug:Jinsl any account .so
assigned to the Bank if the C'untrac[ wllh the accounr tlehtor is
hreached, c:Jncelled or termiomcd; (g) immediaLely upon Bank's
request, furnish Bank with all informarion rect:ived by Undersigned
regarding the financial condition of any account dehlor, except to
the extent prohibited by law: (h) immediately deliver to Bank all
instruments, ducuments ur chattel paper reprt::seming any uf tht:
Collateral and immediardy assign of recortl [0 Bank any judgmenr
representing any account consrituting Collateral; and (i)
immediately upon Bank's request, mark its records evidencing its
accounts in a manner satisfrictory to Bank so as to show which
accounts have been assignt::d to Bank.
8. Events of Default. The occurrence of any of the following shall
constitute an llEvenr uf Default" 'hereunder: (a) default in payment
or performance of any of the Obligations evidenced or secured by
this Note ur any other ~vidence of liability of Undersigned to Bank;
(b) the breach by any Obligor (de tined as Undersigned and each
surety or guarantor of any of Undersigned's Iiabili[ies to Bank, as
well as any person or emity granting 'Bank a security interest in
property to secure the Obligations evidenced hereby) of any
covenant contained in the Loan Agreement (if any), this Note, or in
any separate security, guarantee or suretyship agreement between
Bank and any Obligor, the occurrence of any default hereunder or
under the terms of any such agreemem, DC the discovery by Bank
of any false or misleading representation made by any Obligor
herein or in any such agreement or in any other infonnation
submitted to Bank by any Obligor; (c) with respect to any Obligor:
(1) death or incapacity of any individual or general partner; or (2)
dissolution uf any partnership or corporation; (d) any assignment
for rhe benetlt of creditors by any Obligor; (e) insolvem:y of any
Obligor; (t) the filing or commencement of any petition, action,
case or proceeding, voluntary or involuntary, under any state or
federal law regarding bankrupt<,"y, insolvent.."y, reorganization,
receivership or dissolution, including the Bankruptc.y Reform Act
of 1978, as umeode<.1, by or against any Obligor; (g) default under
the terms of any lease of or mortgage 011 the premises where any
Collateral is located; (h) garnishment, tax assessment, lluachmenr
or raking by governmental authority or other creditor of any
Collateral or other properlY of any Qbligur which is in Bank's
possession ur which constitures security for any Obligations
cvident:ed or secured hereby; (i) entry uf judgment against any
Obligur in any court of record;, (j) the asscs"'lmCnf against any
Obligur by the lmernal Revenue Service or any orh\:r federal. sture
or local taxing authority of unpaid taxes, or the L.'isuance uf a levy or
the entering of a lien in connection therewith: (k) a determinution
bv Bank. which determination shall be conclusive if m<..lde in gUOli
faith th~t a material adverse chantre has occurred in the financial
, ,
ur business cundition of Undersigned; (I) the maturity of any life
insuranl:e polity held as collateral under this Note by reason of the
de:.lth of the insured or otherwise: (m) the revucatiun, termm~ltion
callcdlalion. denial of liahilit)', or the attempt of any of the fmeguinn'
by any Obligor uf any obligation tJr liability whatsoever of [he Obli'I(~~
to Bank, including without limitatiun any security, guarantee oor
s~~etys?(p agreement;.or (n) d~fault hY,Undersigned in the payment
ot any I.ndeh~ednes,s o~ UnderSigned ur II? the performance of any of
lJ l,]derslgned s o~lJgatlOns (orher than lndeb,tedness or Obligations
evu..Jenced by thiS Nute or any l)[her eVIdence of lial1ilitv of
Undersigned tu Bank) and such defuult .shall continue for more 'than
any applicable grace period.
iJ, Acc~l~ration; Remedies. Upon either (i) the occurrenCe of allV
Event uf Default, or (Ii) if this Nore is payable un t1em~lJ1d, such
demand by Bank: (a) all amounts du~ under this NOH:, including the
unpaid balance of principal and mterest hereof, shall hecome
immedimely due and payahle aL rht: Dption of Bank, without any
dCITI;;\Od or notice whatsoever; (b) Undasigned shall, upun demanu
by Bank. assemble the CllllareraJ and promptly make it availahle to
Bank at :my place desigmlled by Bank which is reasulluhly convenient
to both parties; te} Bank may immediately and without demand
exercise any of its rights and rt:meJies granted herein, under
applicahle law, or which it may ucherwise have, against the
Undersigned, the Collateral, or urherwise; and (d) Bunk may, without
nutice or process of any sort, peaceably enter any premises where any
vehicle constituting a part of the Collareral is lucated and take
possession, retain and dispose of such vehicle and all property located
in or upon it. Bank shall have no obligatiun to return any property
not constituting Collateral found in any such vehicle unless Bank
actually receives Undersigned's written request therefor specifically
describing such property within 72 hours after repossession thereof.
Notwithstanding any provision to the contrary contained herein,
upon the occurrence of an Event of Default as described in Section
BCt) hereof, all amounts due under this Note, including without
limitation the unpaid balance of principal and interest hereof, shall
become immediately due and payable, without any demand, notice or
further at..1:ion by Bank whatsoever, and an action therefor shall
immediately accrue.
10. Bank's Rights. Undersigned hereby authorizes Bank, and Bank
shall have the continuing right, at its sole option and discretion, to:
(a) do anything which Undersigned is required but fails to do
hereunder, and in particular Bank may, if Undersigned fails to do so,
(l) insure or take any reasonable steps to protect the Collateral, (2)
pay all ta"{es, levies, expenses and costs arising with respect to [he
Collateral, or (3) pay any premiums payable on any policy of
insurance required to be obtained or maintained hereunder; (b)
direct any insurer to make payment of any insurance proceeds,
including any returned or unearned premiums, directly to Bank, and
apply such moneys to any Obligatiuns or other amuunrs evidenced or
secured herebv in such order or fashion as Bank mav elect; (c)
inspect the Co'UareraJ at any reasonable time; (d) pay :..1I1Y amuunts
Bank elects to payor advance hereunder on account of lnsur:.u:ct:..
taxt:s or utht:r costs, fees or charges arising in cunnection with the
Collateral, either directly to the payee of such cost. fee or charge,
directly to Undersigned, or to such payee(s) and Undersigned jointly;
(e) pay the proceeds of the loan evidenced by this Nore to any or all
l)f the Undersigned individually or jointly, or to such other persons:.l:-;
any of the Undt:rsigneu may direct; and (t) add any "mounts paid ur
incurred by Bank under Section 4(k), Section 4(m), Section IO(a) or
Section 1O( d) to the principal amuunt uf the indebtedness evidenced
by this Nute.
[n addition tu all rigbts given to Bank by tbis Nute, Bank shall, have
all the rights and remedies of a secured party under any applicable
law, including without limitation, the, Uniform Cummercial Code,
It.. Additional Rights of Bank. If the Collateral 'includes inventory
aml/or accuunts, the' following shall be applicablt:: [n additiun to
Bunk',~ rights sel forth elsewher~ in this Note, Undersigned hereby
Page 4 uf 6
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,ltlllmrizc:\ Bank. ~:nd Bank :\hall !l;IVC II,... COlllillUln!! riuhl:\ ,Jl ,IIlV
time. wht:lllcr or 1m! any Event or Dc!'i.lLIlt hat; oL:curr'Cd hercul1tk:r.
:lml at its ~(lh; uption and discretion. without notice. to: (a) lake
m'cr and ,,:ollcct any or all of the <H,:c:ount:-; Hn(! to take <lilY othcr
action pursu;lI1l to il.~ power of altorm:y granlct.! herc"in; (h)
exercise ,ll'~olute and ~xclusivc dominiun and cuntrol over all funds
de[1(1~itcd in the Cash Collateral Account: apply any runds therein
;.!~;:tinst ,<.lilY Ohllga{io!1s: <.lnd charge io any ~Iep(;si[ account of
Undl:rslgncd :IllY ilcm or paYI11l:J1t credited to the Casl' Co[[atcral
/~L'Ctlllll1 which. is su!1scqucntly dishonored: (c) at any rcn:mmlI1(e
Ill11c. through ItS authonzed agents ':lI1d l;l11ployel;s. inspect. audit.
and venfy the aCcounts <lnd the inventory, rl:view Undersi!.!nc(.l'.'I
hook:-; and n:cord~. and copy or make excerpts from <Inv dl1Ct~11Cllt:
<:Jm! (u) venty a~C:oullts with dehtors in the name of lJmlcrsigncd.
ILlI1k or BUllt(S dt:signee.
12. Miscellaneon~ Provisions. (a) Undersigned waives protest of
all commacial papcr <It any time held hy Rank Oil which
Undersigned is in any way HaM/c, notice of nonpayment;,1t mawrily
of any ,md ~Ill <K'Cllunts. and (except where requested herehy)
notice uf action takcn hy Rank; and herehy ratifies and confirms
wh<1tcver 8ank l11av do. Bank shalll1e cntirleulO exercise anv right
notwithstanding <.iriy pritlr exercise, t~lilllre t() ~xercise (1r d~lny~ in
exercising any such right. (h) Bank shall rcrain the lien of any
judgment entered on account of the indehtedness evitlt:nceLl
'hcr~hy, as well as any security interest previously granted to secure
repayment of the inddltednes,'l evidenced herehy. and Undcrsigned
warrants that Um.lersiuncd has no defense whatsoever to allV actioll
or proceeding that may he hrought to enforce or realize ;m such
judgment or secur,ilY interest. (c) If any provision hereof shall [or
any reason he held invalid or unenforceahle. no other provision
shall he affected therehv. and this Nute !;hall he construed as if the
invalid or uncnforceahle provision had never hecn a part of it. The
descriptive headings nf this Note are for convenience only and ...:;hall
nor in any way affect the meaning or construction of any provision
hereof. (d) The rights and privileges of Bank contained in this Note
shall inure to the henefir of its successors and assi~ns. anti the
lluties ot' {Indcrsigned shall hind all heirs. personal representatives,
successors (Jnd assigns. (e) This Note shall in all respects be
governed hy the laws of the state in which rhis Note is payahle
(except to the ~xtl.:nl that fec.lerallaw governs). and all references to
the Uniform Cornmercial Code shall be deemed to refer to the
Uniform Commercial Code as enacrcd in such state. (t)
o ndersigned hen:hy irrevocahly appoints Bank and each holder
hereof as Und.ersigned's attorney-in-fact to: (I) endorse
Undersigned's name to any draft or check which may he payahle to
U ntlersigned in order to collect the proceelis of any insurance or
any returned or unearned premiums in respect uf any policies of
ln~urancc requireti to he mClintained hereunder; and (2) take any
action Bank deems necessary to perfect or maimain perfection of
any security interest gramed to Bank herein, induding executing
any document on Undersigned's hehalf. Undersigned herel1Y
acknowledges that this appointment of Bank and each holder
hereof as attorney-in-fact is irrevocahle and is coupled with an
interest. (gl Unde:rsigned shall he,lr the risk of loss of. damagc to~
or desrruction of the Collateral, and Undersigned herehy releases
Bank from all claims For loss or damage to the Collareral caused hy
any act or ol11ission on the part of Bank. excern for willful
misconduct. (h) Copies or reproductions of this document or orany
financing statement may he filed as a financing SlatemCnL
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,13. Additinn:III'owc,' of Attorney. [I' thc Collateral includcs
lIlVL'.l1,ltlry ami/or ,H':COUll.tS, thc fullowing s:lall he applicable: !n
additIon to any puwers of allorncy grantcd to Bank hy Un<.1ersiU'n' j
el~cwherc in this Note. Um.lcr::;lgncd hcrel1y appoints Bank and fl~
oUkers. e,m~loye(;s, and <lgcnt.~ as its irrevocahle, true ant.! lawful
attorneys-lI1-fac{ With all ilcccs~ary power and authoritv t(. I'
I () '." - J. ,1)
cm orse mlerslgncu s name on all media of payment Jelivere,j t
fl' .. 'I' (' , U ()
<.lJlK ',w U(':POSf-tc:c Ifl lI1C ,<Ish Collateral Account; (b) notif
l~nderslgncd s account dehlors of the assignment of [heir debts nn~
dIrect thel!1 to makc all payments thereon to Bank: (cl in Bm1k's
name or ,Ill the name of llndersigned. ltemand. sue for, collcct.
compmmlse. sc~t!c. am! g:lVe relcase:\ from any account; and (d) take
such ntl1er actl(~n as Bank may deem appropriate for any such
purpose. UnderSigned herehy acknowlcdges that this appointment of
l1ank and each holder 11crcof as <lltorney-in-facr is irrevocahle amI is
coupled wilh an interest. Tn l.'xcrcising its rights under this section.
Bank shall have no lia\1iliry In Unlll::rsigned except for willrui
misClll1duct.
\-1.. Definitions. As uscd IKrein: (a) "account." "chattel papcr."
"contract right." "lloculllcnl." "instrument." and "inventory" have tile
same respective meanings given t(l tlmse tcrIllS in the Unifnrm
Cllmmercial Code: (11) "general il1!i.lngihlc::;" has the mcaning given III
that Icrm in the Uniform Clml1TICrcial Code. including wlthmll
limitmion. customcr lists. hooks ami records (including withoul
limitatiun. all corrcspondence. riles, tapes. cards. hook entries.
compuler runs. computer programs Hnd other papers and
documents. whether in Iht: posse~sion or control of Undersigned or
<lny computer service hurcau), rights in franchises and sales
contracts. patents. copyrights, trademarks, logos, goodwill, trade
nmnes, lal1el designs, royalties. brand names, plans, blueprints,
inventions, pa[[erns, trade secrets, licenses, jigs, dies, molds, and
formulas: (c) "Chief Executive Officel1 means the place from which
the main part of the husiness operations of an entity is managed: Cd)
tlEnvironmental Law" means any federaL Mate or local environmental
la\v, statute, regulation. rule. ordinance. court or administrative order
or decree. or private agreement or interpretation, now or hereafter ill
existence. relating to the manufacture, distribution. labeling, use,
hamllil1?,. collection, storage. tremrnent, disposal or otherwise of
Hazardl.JU3 Substances. or in any way relating to pollution or
protection of the environmenr or puhlic health; (e) "Environmental
Pennit" means allY federaL state or local permit, license or
authorizmion issued under or in connection with any Environmental
Law; (f) "Hazardous Suhstances'! means petroleum and petroleum
producrs, radioactive materials, ashestos, radon, lead containing
materials. sewage or any materials or suhstances defined as or
included in the definition of "hazardous wastes," "hazardous
suhstances." "hazardous materials." "toxic substances," "hazardous air
pollutants," "toxic pullutants," "pollution." or terms of similar meaning
as those tenns are used in any Environmental Law; and (g)
"l) ndersigned" refers individually and collectively to all makers of this
Note, including, in the case of any partnership, aU general partners of
such partnership individually and collectively, whether or not such
partners sign he low. Undersigned shall each he jointly and sever:.1Uy
hound hy the lerms hercof. and. with respect to any partnershIp
executing this Note. each general partner shall he hound herchy hotll
in such general partner's individual and partnership cap,lCities.
(Remainder- of page intentionally left hl:mk)
Page 501'6
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15. Confession of .h2dgment. Undersigned hereby empuwers the
prothonutary or any attorney of any court of recurd to appear for
Undersigned and to confess judgment as uften ns necessary
~'g~1inst Undersigned in nWor IIf the holder here()t~ regardless of
whether any event of default has uccurred, at any time and as of
any term, for the above sum plus interest due under the terms
hereof and all uther amounts due hereunder, t;'gether with cos~ of
legal proceedings and an attorney's commission e(llml to the lesser
of (a) 20% of the above sum and interest then due hereunder Hr
$500.00, whichever is greater, or (h) the lnaximum amount
permitted by (aw, with release of nil errors. Undersigned waives all
Inws exempting renl or persoOl.l1 pro()erty from execution.
x
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C UM.r'::J_
individua ly and d/b/a
C & J ENTERPRISES
5252 E. TRINDLE ROAD
MECHANICSBURG, PA 17055
Locations ot'inventory:
5252 E. TRINDLE ROAD
Locations of records concerning the accounts:
5252 E. TRINDLE ROAD
MECHANICSBURG. PA 17055
MECHANICSBURG. PA 17055
LZ-OI27 (Formerly CL.221) Rev.t Wi96llc. 1.)1~'h LD 9N6
0275 P UH-:2S...&.lS7 [ LZUl27 (01) 123097,1621
Page () uf6
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WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
BY: Robert C. Lopez, Esquire
LD. No. 80163 Attorney forPlaintiff
1650 Arch Street, 22d FI.
Philadelphia P A 19103
215-977-2000
MELLON BANK N.A.
1735 Market Street, 7th Floor
PhiladelphiaPA 19101-7899
No. (') I ~ lOG,
C-
Cl(.)~l IS(2J'v~
vs.
CAROLYNL. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, P A 17055
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CONFESSION OF JUDGMENT
Pursuant to the warrant of attorney set forth in the documents evidencing Defendants'
indebtedness to Plaintiff, a true and correct copy of which is attached to the Complaint filed in this
action as Exhibit" A" thereof, I hereby appear for Defendant and confess judgment, exclusive of
costs, in favor of the Plaintiff and against Defendant as follows:
Principal Balance $238,424.53
Accrued Interest until 1/29/01
(per diem $59.60) 58,446.07
Attorney's Fees and Costs (To be assessed sec. leg. )
Total: $296,870.60
. WOLF, BLOCK, SCHORR and SOLIS-COHENLLP
BV;:ert ~;~e~ ~ire
BLU-106016 ~ 1/LRC1681/MEL049-129331
013101/12:27
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WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
BY: Robert C. Lopez, Esquire
LD. No. 80163 Attorney for Plaintiff
1650 Arch Street, 22d Fl.
Philadelphia P A 19103
215-977 -2000
MELLON BANK N.A.
1735 Market Street, 7th Floor
Philadelphia P A 19101-7899
No. () \ - 7O!c.
(?lu'"l'-- l'2ft.Yll
vs.
CAROLYN L. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ENTRY OF JUDGMENT
AND ASSESSMENT OF DAMAGES
AND NOW, this . ~~ day of k lh U';,/i 'f , 2001, judgment is entered
in favor of Plaintiff and against Defendant and damages are assessed in the amount of $296,870,60
as follows:
Principal Balance $238,424.53
Accrued Interest until 1/29/0 1
(per diem $59.60) 58,446.07
Attorney's Fees and Costs (To be assessed sec. leg. )
Total: $296,87060
BY THE COURT:
Cl", -!-:" -' 72 ~
Prothonotary
BLU-I06016 _VlRCl681/MEL049-129331
013101/12:27
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WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
BY: Robert C Lopez, Esquire
J.D. No. 80163 Attorney for Plaintiff
1650 Arch Street, 22d FI.
Philadelphia P A 19103
215-977-2000
MELLON BANK N.A.
173 5 Market Street, 7th Floor
Philadelphia PA 19101-7899
No. () 1-
Co:l~~.
vs.
CAROLYN L. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, P A 17055
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CERTIFICATION
I hereby certify the precise address of the Plaintiff is:
1735 Market Street, 7th Floor, Philadelphia P A 19101-7899
and the last known address of the Defendant is:
510 East Marble Street
Mechanicsburg, P A 17055
WOLF, BLOCK, SCHORR and SOLIS-COHENLLP
BY:
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VERIFICATION OF NON-APPLICABILITY OF GOODS
AND SERVICES INSTALLMENT SALES ACT
I, ROBERT C. LOPEZ, ESQUIRE, being duly sworn according to law, depose and state
that I am counsel for Plaintiff; that I am authorized to make this affidavit on behalf of Plaintiff; that
this Confession of Judgment does not arise out of a "retail installment sale, contract or account" as
defined under the Goods and Services Installment Sales Act, 69 P.S. Section 1101 et sec. This
verification is taken subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification
to authorities.
Dated:
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<::::R~~Z, ES~ire ~
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VERIFICATION OF NON-CONSUMER CREDIT TRANSACTION
I, ROBERTC. LOPEZ, ESQUIRE, state that I am counsel for Plaintiff; that I am
authorized to take this Verification on behalf of Plaintiff; that the Defendant is not a natural person
and this judgment is not being entered against a natural person in connection with a consumer credit
transaction. This verification is taken subject to the penalties of 18 Pa. C.SA 94904 relating to
unsworn falsification to authorities.
Dated: 09109/0/
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Robert c.. ope, Esquire
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AFFIDAVIT OF DEBTORS' WAIVER OF RIGHTS
COMMONWEALTH OF PENNSYL VANIA
SS
COUNTY OF CUMBERLAND
ROBERT C. LOPEZ, ESQUIRE, being duly sworn-affirmed according to law deposes and
says that he is counsel for Plaintiff in the above captioned matter, that he is therefore authorized to
execute this Affidavit on its behalf, and that to the best of his knowledge, information and belief, at
the time of the signing of the documents containing provisions for judgment by confession in the said
matter, the individual natural Defendant/;:
1. Earned more than $10,000.00 annually,
2. Intentionally, understandingly and voluntarily waived:
a. The right to notice and hearing,
b. The right of defalcation, i..e., the right to reduce or set off a claim by
deducting a counterclaim,
c. Release of errors,
d. Inquest (to ascertain whether rents and profits ofDefendant(s') real estate will
be sufficient to satisfy the judgment within 7 years),
e. Stay of execution (ifDefendant(s) owns real estate in fee simple within the
county worth the amount to which the Plaintiff is entitled, clear of
encumbrances), and
f Exemption laws now in force or hereafter to be passed.
"'-- R~ L:;ez, ;SqUlre :::.
Sworn to and subscribed before me
this ~ day Of~, 2001.
fJ~ a.~
Notary Public
NOTARIAL SEAL
PAMELA S. ElWEU.., Notary PubJic
C!tY of Philadelphia. PhiIa. COlIII\Y
Mv'Cammission "v~ires Nov. 25. 2002
BLU-I06016 _l/LRCI68l/MEL049-129331
013101/12:27
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AFFIDAVIT OF NON-MILITARY SERVICE
ROBERT C. LOPEZ ESQUIRE, being duly sworn according to law, deposes and says that
he is the attorney for the Plaintiff and is authorized to take this verification on its behalf; that to the
best of his knowledge and belief, Defendant is over twenty-one (21) years of age with a last known
address of 510 East Marble Street, Mechanicsburg, PA 17055, Pennsylvania; that said Defendant
is not a member of the Military Service of the United States or its Allies or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
~r~~
Robe . Lopez, Esquire
Sworn to and subscribed before me
this JM.cL day of d~~ ' 2001.
fJa;wJ~ 3. ~
Notary Public
NOTARIAL SEAL
PAM8.A S. aweu. NotarY Public
.. ClIY of Philadelphia. Phila. County
MVCommission Fxpires Nov. 25, 2002
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