HomeMy WebLinkAbout01-0707 FX
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MELLON BANK N.A.
1735 Market Street, 7th Floor
PhiladelphiaPA 19101-7899
No.()/-'l61
CWl'l~~
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 JUDGMENT IN THE ABOVE-CAPTIONED MATTER
HAS BEEN ENTERED AGAINST YOu.
PROTHONOTARY
(l;d~ ,/2 ~.
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-I06017 _lIIRCl681/MEL049-129331
013101/11:rJl
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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 P A 19103
215-977-2000
MELLON BANK N.A.
1735 Market Street, 7th Floor
Philadelphia PA 19101-7899
No. /') 1-
C u~L J-~'L
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
COMPLAINT FOR CONFESSION OF
JUDGMENT FOR MONEY
1. Plaintiff, Mellon Bank N.A., is a national banking corporation with a place ofbusiness
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 of Twenty Five Thousand Dollars ($25,000.00 ) ("Note"). A true and
correct copy of the Note is attached hereto and marked Exhibit "A".
4. There has been no assignment of the document attached hereto as Exhibit" A" .
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5. Judgment has not been previously entered against Defendant in this jurisdiction on the
document marked Exhibit" A" .
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:
$24,779.86
Accrued Interest until 1/29/01
(per diem $6.71)
5,979.06
Attorney's Fees and Costs
(to be assessed sec. leg.)
Total:
$30,758.92
8. Despite demand by Plaintiff, Defendant 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 ofJudgment does not arise out ofa retail installment sale, contract
or account as defined under the Goods and Services Installment Sales Act, 69 P. S. Section 1101, et
sec.
BLU-I06017 _1/LRCl681/MEL049-129331
013101/11:07
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WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount
of$30,758.92 together with interest accruing at the rate set forth in the Note.
WOLF, BLOCK, SCHORR AND SOLIS-COHENLLP
By:'-- -~ (~ .J
Robert. z, squire
-
BLU-106017 _lILRC1681/MELC>>9-129331
013101111:07
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VERIFICATION
Walter 1. Letts, hereby states that he is a Vice President of Mellon Bank N.A., the Plaintiff
herein, and as such he is authorized to take this verification and states that the facts set forth in the
foregoing pleading are true and correct to the best of his knowledge, information and belief and that
this verification is taken subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities. It is further verified that the transaction in question is of a commercial
nature and that Defendants are in default thereunder.
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~lter 1. Letts, ice President
Dated: / /3/ IUd!
BLU-106016 _1/IRC1681/MEL049-129331
013101/12:27
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$
?t; I1nn nn
For value received. <.Ind Intending to he legally h(lUnd, Undcrsignl.xl.
as dc fin cd he low. promises to pay
MjQllnn R~nk N Jl
("B~U1k") or its onlcr m
Harrisbura, Pennsvlvania
the sulTI of
'T'T"t=on~y 'l4'1 VjQ "'hnl1e:~n" .::Inri nn/, nn
Oollars ($ ? t; nOn nn), or such les..~er or greater
prim:ipal amount as may he outstanding from time to lime under a
discrctionury line of credit estahlis[lcd by llank for the henetit of
Undersigned. with interest on the outstanding tmlancc from the
date ()f this Note and S~(;Urity t\grccn1l::nt ("NOle") at the ratc(:))
("Contractual Rate{s)") specified herein.
PRINCIPAL SHALL BE PAID ON DEMAND. INTEREST
SHALL BE PAID ON~HE ,J,U~ DAY OF EACH MONTH
COMMENCING ON eX 10191:) , AND ON
DEMAND, AND SHAL BE CALCULATED AT A RATE
PER ANNUM WHICH IS .75% ABOVE BANK'S
PRIME RATE, SUCH RATE TO CHANGE FROM TIME TO
TIME AS OF THE EFFECTIVE DATE OF EACH
ANNOUNCED CHANGE IN SUCH PRIME RATE.
INTEREST SHALL BE CALCULATED ON THE BASIS OF
A 360-DAY YEAR AND ACTUAL DAYS ELAPSED.
("PRIME RATE" SHA.LL MEAN THE INTEREST RATE
PER ANNUM ANNOUNCED FROM TIME TO TIME BY BANK
AS ITS PRIME RATE. THE PRIME RATE MAY BE
GREATER OR LESS THAN OTHER INTEREST RATES
CHARGED BY BANK TO OTHER BORROWERS AND IS NOT
SOLELY BASED OR DEPENDENT UPON THE INTEREST
RATE WHICH BANK MAY CHARGE ANY PARTICULAR
BORROWER OR CLASS OF BORROWERS.)
Upon the occurrence of any Event of Default (as defined below),
at Bank's uption, interest shall accrue at a rate equal to two percent
(2%) per annum above the Contractuai Rate(s) specified until the
earlier of (al the date that such Event of Default has been curcd,
(b) until and including the date of maturity hereof, or (c) if this
Nute is payable on demand, until and including the date for
payment in full set forth -in any such demand, whichever the case
may he.
rf any payment (including without limitation any regularly scheduled
payment, halluon payment <.Ind final payment) is not paid within
15 days after it is dut:. Undersigned will pay a late charge as
specifkd l1c!UW, regardless of wherher the payment due consists of
principal and interest, principal only or interest only:
[ ] _ % of the unpaid portIon of the payment due
1Xl$ 25.00
[ I the greater of $ , or _ % of the unpaid
portion of the payment due
[ ] iatc payment cbarge does not apply
Such tare charge shaH he in addition to any increase made to the
Contractual Ratc(s) applicable to the outstanding balance hereof as a
result of maturity of this Note or- otherwise, as well as in addition ,:J
any other applicahle fees, charges and costs.
Undersigned shall have the right, at its option, to prepay this Note in
wholt:: at any lime or in part from time to time. Any such prepayment
shall be applied first tu any accrued but unpaid imerest, secondly to
the prepayment charge, if any, discussed below, and lastly to the
unpaid installments of principal in the reverse order of their
scheduled maturities. fn the event that any portion of principal of this
Note accruing interest at a fixed rate is prepaid for any reason i
whatsoever. whether by declaration, acceleration, demand or
otherwise and whether or not an Event of Default has occurred, a
prepayment ch.:lrge shall lie due and payable by Undersigned to
Bank, calculmcd as described in the Prepayment Addendum, if any,
which references this Note, from Undersigned to Bank::, incorporated
herein by reference and made a part hereof. All such prepayments
shall be subject ro all terms and conditions of any such Prepayment
Addendum.
So Ion!! as Bank is the holder hereof, Bank's books and records shall
be prc-;umed. except in the case of manifest error, to accurately
evidence at all times aH amountS outsranding under this Note and the
dale and amount of each advance and payment made pursuant
heretn.
The prompt and faithful performance of all of Undersigned's
obligations hereunder, including without limitation time of payment,
is of the e~scnce of this Notc.
r~rU1in terms used in this Note are defined in Section l4 below.
Page lorfl
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l. Security Intere~t. Undersigned hL:r~hy grunls to Bank a security
intt:n:st in the folluwing proptmy now owned or hereuftt;r <lcquired
by Undersigned:
[XI~ (a) aU equipment. wherever IOl.:iJwu,. including I11w,;hinery,
!TIlJ[or vehicles, furnilure anu t1.xtures:
[Xl ?J (h) illl inventory (whether helLi for sale or Icusc or to he
furnished under contrUl.:ts of service), raw materials, work in
prm:ess, and lTIaterials used or mnsumed in the l.:ondw..:t uf
Undersigned's business, and all books, records, invoices i..lI1d other
documents which describe l>r eviderlce the same;
0_ (c) all farm produl.:ts;
fXJ .&- (d) ill! ilccoul1lS. contract rights, gent::rul intangibles, choscs
in uction, instruments. t.:hattel puper, documents (including LlH
dot.:utnents of title and warehuuse receipts) ;.ll1U ull rights to the
paymellt Df money, however evidenct::d or arising;
0_ (e) the sccuritit::s describeJ bdow, tugether with aU cush,
stm:k or other dividends or distrit1utiuns paid upon or maLic in
re::ipeCl of sUt.:h securiti~s in any form; all st::t.:uririt::s rl::cl:iveu in
audition (0 or in l::xchangt:: for sut.:h securitit::s; and ull :mh:icripriun
rights incident to such securities; ant!
~ (/ (t) Other;
(g) In addition to the foregoing, Undersigned (1) grants to Bank a
security interest in all accessions, parts, acc;e~sories, aHuchmt:nts
and appurtenances in any way used with, atWchtu ur re!med lU, or
installed in, any equipment ur inventory constituting "Collateral"
hereunder; (2) grants to Bank. a security interest in all substitutions
fur, renewals of, improvements, repwcements and additions to, and
the products and proceeds (cash and non..cash) of all property
cunstituting "Collatenll" hert:under aiH.1 any insurance policit:s
:dllting ther~to; (~) gr;~nts to Bank a ,sct.:urity imerest in, lien upon,
dnu right ut st::totf against, all !.1eposH m:counts, <.:rellits, securities
l11om:ys or llth.er pn~pt::rr~ of Undcrsigned which may at uny time b~
111 thl: possesston ul, dehven:d to, or o,",,:ed by Bank. including any
proceeds ur returned or unearned pn:nllums of insurunce, and the
pr~ceetls (t.:ash and nun~t.:ash) .of aU the foregoing property; and (4.)
as.slgns to Bank aU moneys Whlt.:h m~y hecome puyuhll; 011 any poliw
ul. Insurance reqUired to he l1~ul11t:.1ll1ed under this Note, incluLlin:'
any n:wrned or unearned premiums. ~
All such property suhject to Bank's st:curity interests described in this
Sectiun 1 is referred to herein collectively :.IS the "Collateral." -VVit!1
n::::ipect 10 Sel.:tion 4. hereunder, the term "Collateral" shall nOl incluLle
the property t1escrihed in subset.:tions (g) (3) and (g) (4) of thL'i
Sl:ctiun J.
All set.:urity interests in Cu!larerul shall bt: deemed to arise anti be
perfected under and governed by the Uniform Cummerciul Code,
except to tht: t::xtent thi.lt such law dot::s nol apply to certain types of
transut.:[ions or Collareral, in which cast: upplicabk luw shall govern.
2. Oblig:ations Secured. The Collateral shall secure the following
obligatiuns ("Obligations") of Undersigned to Bank: (a) all amounts
at any time owing or payahle under this Note: (b) all costs and.
expenses incurred by Bank in the C'ollt::ctiun ur enforcement of this
Nute ur the protection of the Collateral; (c) all future advances made
by Bunk for ta.xes, levies, insurance, and repairs to ur mainrenance of
the Cullateral; and (d) any uther indebtedness, liability or ubligatiun
of Undersigned to Bank, past, present or future, direct or indirect,
absolut~ or contingent, individual, joint or several, now due or to
become due, whether as drawer, maker, endorser, guarantor, surety
or otherwise, except that none of the security interests created herein
shall secure any obligatiun incurred by Undersigned which is defined
as "consumer credit" by Federal Reserve Buard Regulation Z, 12
C.F.R. ~226.1 et seq., and is nut exempted from the applicatiun of
that Regulation.,
3. Repre~entations. Undersigned hereby makt:s the following
representations and warranties which shall be true and correct on the
illite of this Note and shall continue to be true und correct at the time
of the creation of any Obligation secured hereby and until the
Obligatiuns secured hereby shall have been paid in full: (a)
Undersigned's residencl: and/ur Chief E..'Cecutive Office, as the case
muy bt:, is as stated- below ur as orherwise stared in ,I subsequent
written notice delivered to Bank pursuant to tht: terms hereof; (b)
llm!ersignt:d has gaud and marketable title tu tht: Collateral subject
tu no security interest, lien or encumbrance, exct:pt as indicated to
the concrary tu Bank in writing prior to the execution of this Note;
and (c) if any of the Undersigned is an individual, each such
individual is at least 18 years of age and. under no legal disability ur
in("~Jpacity.
4. Covenants. Undersigned cOVenants and agrees that until th~
Obligations set.:ured hereunder have been paid in full, Undersigned
shall: a) use the proceeds of the loan evidenced hereby only for the
husiness purpose(s) specified to the Bank at or prior to the executiun
hereof; (b) not permit use of the CoUateral for any iliegal purposes;
(c) promptly notity Bank in writing uf any change in its ur their
residence ur Chief Executive Oftice; (d) not permit remuvulof any of
the CoUatt:ral from county to county or state to state unless Bank has
givt::1l written consent in advullce; (e) maintain at aU times good and
marketable. title to all Collateral, free and clear uf any security
interest, /it:n or encumbrance (except as to which Bank may grant its
priur written t.:ons:nt pursuant tu sectiun oj. (f) below), and defend
such title against the claims and demands of all persons; (f) nul (I)
affLx the CoHater~lI or permit {he Culluteral tu t1t: affixed to real t:stalt:
or to ariy other goods, (2) It:ase, mortgage, plt:tlge -or encumber the
CuUateral, (3) permit the CoUateral', identity tu he lost, (41 permit
the Collaterul to he Itvied upon ur attached under any legat"proces,'),
(5) permit or caus!: any security intt:rest ur lien ill arise with respect
Page 2 llf 6
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{'-ll Illl: (.'nlliHeral ({)[Iler IIl.an those en.':."....d in tll[:-I Nule). or ((})
except C~1([<I1e.ra' custoll1anly Sl..:ld hy Undersigned in the llrdinury
course nl' l1u;;mess anti so sold m such m!tnner for full value. sell.
consign. part wit~ p(Jsscssit~n of. or otherwise dispose oj' the
(,()II~.I~.cral ~Jr ~lIlY rights th~rell1. except as Bnnk m~lY grant its prior
spccrtlc. wmWn C(Jf1~t:l1f WHh respect to acts or i,.'VCnts specified ill
sullsectlons (I), (2). (5) or (6) hcrcllf:.(g) maintain the Collateral in
goot! condition ant! repair. excepting only rcasonahle wear ant!
tcar; puy and discharge all laxc:<i and olher levies on the Collateral.
as well as il1<.: costs of repair mid m:liflwnallcc thereof; and furnish
[0 Bank upon n:YllCS[ ducumentary proof of paymcnt of such
taxes. levies <lnd cusrs: (h) provide additional collmcral at such
times anti having such value as Bank may. requcst, if Bank shall
have rea~()l1ahle grounds for believing thClt the vi.lluc of the
Collateral lla~ 11c.:ct)11l~ insufficient to secure all Ohlil1atio!1s
evidenced or secured hy this Note: 0) purchasc.:' and m71il1tain
p()[icil.~:-; of insurance (including flood insuruncc) to protect the
CoJl~1teral Dr otller property aguinsr such risks .md l.."wiwJltit's. and in
such amuUllts. as shall he required hy Bank and/or applicahle law.
whIch policies shall (I) he in form and suhstance satisfactorY to
Bank. (2) at Bank's option. designate Bank as loss payee HI1l1!{;r m;
additional insured. and/or conwin a lender's loss payahle
cndorsement. and (5).he (or certificates evidencing same shalll1c)
deposited with Bank: (j) provide, upon request. tinallcial or other
information. dOCUlllcntuti(l11 (lr ccrtitications t() Bank (including
halance ."heets am! income sratemcnts), aU in form and content
satisfactory to Bank: (k) execute, upon demand hy Bank, any
financing 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)
aU costs and fees pertaining to the tiling of any financing,
continuation or termination statements, mortgages, satisfaction
pieces, judgments and any other type of document which Bank
deems nece5.~ary or desirable to be filed wi{h regard to security
inrerests which secure the Ohligarions 'evidenced or secured herehy,
regardless of whether such security interests were granted by
Undersigned. and (2) all custs amI expenses incurred hy Bank in
connection with any Collateral securing this Note (including
without limitation all advances made hy Bank for uuccs, levies,
inSLlriJnCe, repairs to or maintenance of the Collateral. appraisal or
valuation of the Collateral, and determination and monitoring: of
flood hazard status), regardless of whether such Collateral is owned
by Undersigned; (I) procure, and cause a statement of Bank's
securiry interest to he noted on, any certificate of title issued or
required by law to he issued with respect to any motor vehicle
constituting part of the Collateral, and cause any such certificate to
be delivered to Bank within 10 days from the later of the date of
this Note or the date of the issuance of such certificate; (m) pay,
upon demand, aU amounts incurred by Bank in connection with any
action or proceeding taken or commenced by Bank to enforce or
collect this Note or protect. insure or realize upon the CoUateral,
including attorney's fees equarto the le:;..c;er of (a) 20% of the above
sum and interest then due hereunder, or $500.00, whichever is
greater, or (b) the maximum amount permitted by law, and
attorney's costs and all costs of legal proceedings: and (n)
immediately nmitY Bank: if any of Undersigned's accounts arise uut
uf contracts with the United States or any department, agency or
instrumentality thereof, and execute any instruments and take any
steps required hy Bank in ordcr that all moneys due and to hecome
due under Hny such contracts shnll he assigned to B~1l1" muJ nOlice
thereDf given to the U oitcd Stmcs under the Federal Assignment
of Claims Act.
5. Environml"ntnJ Re-pre~entatjons. Warranties and Covenant""
[11 addition to the represcllfatiol1s, warranties and covenants set
forth in this Note. the L01:I11 Agreement (if any) and any other
documcnr executed and delivered in conneclion with this Note
and/or the l.lmll Agreement! Undersigned hereby represents.
warrants. covenants and H!,,!:recs. on hehalf of itself and cach of its
suhsidiaries and aftiliates, lallY, that: (a) each of them now has and
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will mntinue to 11~...e all Environmental Permits (as hercimlth:r
defincd) ncct::5.'iary for the conduct of each of their husin'''"c',,,' '" 'I
. h . ' .....l'~.....l < nt
openmons:.( ) c:'.lch 01' them conL!ucts and will continue to conduct
each of tl1elr l1usJnc.s.'ies <.Ind operations in material complhn" 'I
II I. II E . ' ,e \Vlt 1
~~. ~lpp Ica 1 e 'nvlr~l11l1lcntal Law:\ (US hcrein:..Jfter defined) and
bnvlr.nnmcnt?l Permns: (c) there does not ~xi.s{, nor will Hny of thcm
pcr~lI to eXIst, any l:vent or condition that requires or is likelv t}
~e4Ulrc any of t?cm un.dcr any Environmental law to pay or expen~
lunds. hy ~vay ot fines. Judgmenls. damagcs, cleanup. remediation or
{he like 111 an aggregale amount. the paymellt of which could
re<lS(}n~lllly I:c expected 10 intcrfere sUI1:.;rantially with norm.l!
operations ot Undersigned or matcrially adver.o:;cly affcct the fin.l\lcial
(:O~~ition. o~ lJ_ndcrsigncd:. (d) Undersignec..1 shall notify Hank, in
wnung wlthm /]vc (5) hu,smcss days. upon hecol1ling aware o{" <lIlV
pcnl~illg or th:catencd prm:ecding, ;o;uit. invcsrigmion. allegation n-r
mqUlry rcgart1mg any alleged evenr or condition that. if rcs()!wd
unfavorallly to Umlcrsigncd or any of Undersigned':,; suhsilliarics or
af[jJiates. is likely to C~lU.~C Umk'rsigned or nny uf ilS suhsidU.lries or
at"filialcs under any Environmental Law ro payor expend funds hv
w~ly of tines. penalties. administrmivc actions. jutlgmenrs, damages.
cleaning. rcm\.:t1imion or the like. or cause Undersigned or any or its
suhsidiaries or affiliates to payor expend funds for any third party
claims. proceedings. actions or judgments for personal injury or
property damage resulting from an event or condition relining [u
Hazardous SlIllstanccs (:'IS hereinafter de tined) or from a release or
thrcmencd release or Hazardous Suhstances: i.lnd (e) Undersigned
shull provide at Undersigned's cost. upon request by Bank.
certifications. documentarian, copies of pleadings and other
information regarding the above, all in form and content satisfactory
'to Bank.
6. Additional Representations. [f the Collateral includes inventory
and/or accounts, the following shall be applicable: In addition to any
representations and warranties set forth elsewhere in this Note,
Undersigned hereby make:) the fullowing representations and
warranties which shall be true and correct on the date hereof and
shall continue to he true and correct at the time of any borrowing
made hereunder and unti! the Ohligarions shall have been paid in
full: (a) each <lccount: (1) represents an amount actually owing to
Undersigned hy 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 been deposited with Bank: anel (4) is not evidenced
hy any judgment unless such judgment has been assigned of record
to Bank; and (b) the locations of all of Undersigned's places of
business are as stated elsewhere in this Note, and the inventory and
records of the accounts are kept at thc places indicated elsewhere in
thi., Note.
7. Additiomtl Covenants. If the Collateral includes inventury and/or
accounts. the following: sharf he applicable: (n addition m (he
covenants set forth :!5ew!:.'~!""': :n ll1is Note. Undersh:~:,=d ,,;Qvt:nants
and agrees that until the Obligations shali have been paid in fuil
Undersigncd shall: (a) immediately notify Bank in writing in the
evenc thac any of the following occurs: (1 ) any account is or becom~S
entitled to or eligible for discount fur prompt payment; (2) any
account dehtor has or may have any defense to payment of, or right
of scrofL counterclaim, or recoupment against any account; (3) any
accounr rcprcscnrs. an amount Wl1ich is disputed by the account
tlelllOr or the .payment of which is in any way contingent or
conditional: or (4) the desirahility. uscfulness, or marketability of any
of the inventory has heen in any way reduced or impaired hy reason
of physical dcterioration, technical obsolescence, or othen.vise: (. h)
keep accurale :.tnd complete hooks and records in accordance w[[h
gcncralty acceptcd accounting principles anti, at Undersigned's
expcnse. promptly furnish Bank such ioformHtion and doc:um~nL'i
relUlin~ to the Cullateral at such times and in such form and detail as
Bunk nmy request. including with{~ut limitation: ( I) copies of invoices
Page 3 of6
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or uther evid.ence of Undersigned's accounts and scht:Llules
showing the aging, identitlcatlon, rct.:onciliation. ami collection
thereof: (2) evidence of shipment and receipt or goods and the
performance of services or obligarions covered by accounts; anti (3)
repuns as to Undersigned's inventory and purchases, sales,
damage, ur loss thereof; all of the foregoing to be certifietl bv
authorized officers or other employees of Undersigned; (c) no't
change any location listed t::lscwhere in this Note reg<.1rdil1~ places
of husiness, inventory ami records uf accounts withoul Bank's prior
written consent; (d) at Undersigned's expense, diligently collect the
<Jccoums 011 behalf of Bunk until such time <:IS Bank exercises lts
right to directly collect the accounts, and upon notice from Bank,
deliver all prOl:eeds llf account.s to Bank. forthwilh upon receipt, in
the originul rorm in "vhieh r~ceived; (e) immediately upon B.ink's
n:que:n, open u cash colluteral account ("Cash Colluterul Account")
ut Bunk uno deposit therein aU cash proceeds of collections on tht::
accounts; (n immediately upon Bunk's requt::.'>I, give thl.: Bank
assignments, in form acceprabk to Bank, of spednc accoums or
groups of accounts and specific gcm:rul int<,.ll1gihles, and
immediately repay the amoul1l loaned against any account so
a..'isiU"ned to che Bank if the contract with the accounr debtor is
brt:.7<.:hed, cancelled or terminated; (g) immediutely upon Bank's
request, furnish Bank with all information received 11Y Undcrsigm:d
regan.ling the tinul1cial condition of any aCCOLIlU dt:htor, excepl to
the extent prohibited by law; (h) immediately deliver to Bank all
imHrumems, documents or chattel paper representing any of the
Collateral and lmmediatdy assign of record to Bank: any judgment
representing any accoum constituting Collateral; and (i)
immediately upon Banle's request, mark its records evidencing its
accuunts in a manner satisfactory to Bank so as to show which
accounts have bet::n assigned co Bank,
H, Events of Default. The occurrence of any of the following shall
constitute an "Event of Default" hereunder: (a) default in paymem
or performance of any of the OhligtHions evidenced or secured by
this Note or any other evidence 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 liabilities to Bank, as
well as any person or entity 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 abrfeemem between
Bank and any Obligor, the occurrence of any default hereunder or
under the terms of any such agreement, or the discovery by Bank
of any false or misleading representation made by any Obligor
herein or in any such agreement or in any other information
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 of any partnership or corporcltion; (d) any assignment
for the benetit of creditors by any Obligor; (e) insolvenc'}' of any
Oblh!Or: (fl the tiling or c:~mme:1cement 1.if :.Jl~tr "'etirion. :.!';~!nl1,
v _=:. .,;:..:-=ding, ~'i_" _.~ .'
(Cl)Cral law regarding ba01truptt:y, inSOlVel1t..]', reurguniz:.ltIon,
receivership or dissolution, incl~ding the Bankruptt..)' Rdurm Act
of 1978, as amended, by or against any Obligor; (g) deJault under
the terms of any lease of or mortgage on the premises when: any
Collateral is located; (h) garnishment, tax assessment, auachment
or raking by governmental authority or ocher creditur of any
Collateral or other property of uny Obligor which IS in Bunk's
posses.')ion or which constitutes security for any Obligations
evidenced or secured hereby; 0) entry of judgment :.Igainsl any
Obligor in any court of reconJ; (]) the assessment against any
Obligor by the Internal Rt:Venue Service or any other federal, srate
or local taxing authority of unpaid raxes, or the issuance of a levy or
[he entering of a Hen in connection therewith; (k) a -determination
hy Bank, which determinatiun shall be conclusive if made in good
faith, that a material adverse change has occurred in thl: financial
or husiness condilion of Undersigned; (I) the.: maturity uf any life
insumnce polic'}' held as colluterul under this Note' by re-_son of the
lkath llr. the insurt::d ur I)therwis~; (m) the revocation, termination.
l.::Jl1cella[lo~, denial of lia~ilit~, or_th~ att~mpt of i:.Iny of the foregoing,
hy :'IllY Ohllgor of any obligation or liability whatsoevt:r of the Oblil'or
to Bank, including without limiu.ltion any securilY, guaramee our
s~retys?ip agreement; ,or (0) d~thult hY,Undersigned in the payment
llt any II1dehtedness of UndersIgned or 111 the performance of any of
U?uersigm:d's ob.ligations (other than indeb.tedness or ohligatiuns
I.:vldenc~d by thi."! Note or any other evuJencc tlf liability uf
UnderSigned tu Bank) and such defaul[ shHlIcontillue for more thun
UIlY applicJble grace period.
l.}. Acceleration; Remedies. Upon eithc.:r (I) tht.: occurn:m:e of any
Event uf Default, ur (ii) it' this Nute IS payahle on demund, such
demand by Bank: (a) all amounts due under this NOle, including the
unpaid balance of principal and inrcrt::st hl.:rcllf, shall become
immc.:diately due and payahle at the option of Bank, without any
demand lJr notice whatsoever; (h) Undersigned shall. uponllcl1lantt
by Bank, assemble the Cullmer:ll and prol11plly lTIukt: il available to
Bank at <illY place designuted ,by Bank which is reasonably cDl1veniem
ro both panies; (c) Bank I11:JY immediately and without demanll
exercise any of its rights and remedies granted herein, under
applicahte law, or which it may otherwise haw. against the
Undersigned, the CoJlllteral, or otherwise; anti (d) Bank mc-IY, without
notice Dr process of any sort, peaceably enrer any premises where any
vehicle constituting a part of the Collateral is located and takt:
possession. retain and dispose of such vehicle :.Ind all property located
in or upon it. Bank shall hl:Jve no obligation to return any property
not constituting Collateral found in any such vehjcle 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
8( f) hereof, all amuunts due under this Note, including without
limitmion the unpaid balance of principal and interest hereof, shall
become immedimety due and payable, without any demand, notice or
further action by Bank whatsoever, and an action therefor shall
immediately accrue.
to. 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, ilnd in particular Bank may, if Undersigm:d fails to do so,
(I) insure or take any reasonable steps 10 protect the Collateral, (2)
pay all taxes, levies, expenses and costs arising with respect to the
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 paymt:nr of any insurance proceeds,
including any returned or unearned premiums, directly to Bank, and
apply such moneys ro any Obligations or other amounts evidenced or
secured hereby in such order or fashion as Bank may elect; (c)
inspe~;r ,1.,-: :'-",~!!'.!t'-:""I, '!f 'Jrv r~asonablt: time: Cd) pay any amounts
Bank ;:':'v'::; :,; ,s~. . v.. ::-':r'r;e.
[axes or othc;:r eoses, r'e.:s or cnarges ansing in "':Orllll;;-.:lllil1 ,vnll in..:
Collateral, t:ither directly to tht: payee of such cost, fee or charge,
directly [0 Undersigned, or to such payee(s) and Undersigned jointly;
(e) pay the proceeds of the loan evidenced by thi, N ute to any or all
or the Undersigned ind.ividually or jointly, or to such other persons <:is
any at' the Undersigned may direct; and (1) add any amuunts paid or
incurred by Bank under Section 4(k), Section .(m), Section W(a) or
Section W(d) to the principal amoun! of the indebtedness evidenced
by this Note.
In addition to all rights given to Bank by this Note, Bank shall, have
all the ri.<ills and remedies of a secured party under any applIcable
IClW, incluuing without limitation, the Uniform Commercial Code.,
I L Additional Rights of Bunk. [f the Collateral includes inventOry
and/or accounts, the following shall be applicable: [n addition to
Bank's rights set forth elsewhere in this Note, Undersigned hereby
Page 4 of6
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. i.lllll1orizt's Bt/nk. ;md J3.mk sll.lll l1ave lh..... t;OfllinllilW ri!.!/m; af any
time. whl;ll1er or n(l! any Event nf Dcfaul(~has {lccurr~d hen::under.
and at its sole option and discretion, without notice, to: (a) take
ovt:r amI collect any or all or the aCCOunts and to take any other
action pursuam to its power of attorney gmntcd herein: (11)
exercIse ahso!ute and exL'lusive dominion ami control over all rund.s
deposiled in the CU1'lh Collaterai Account: apply any funds therein
against any Ohligations; and chnrge to any deposit account of
Undersigned any item of payment credited to the Cash Collmeral
i\ccnum which is suhseqUl;:ntly dishonored: (c) :u any rC<lsonahlc
time, through its ~lutllorjzcLl agents an(j cmployccs. inspect. audit.
and verify the aCCounlS and the inventory, revicw Umtersigned.s
hooks :mt! records. al1d copy or make excerpts from any document:
<.111l1 (d) verify accounls with delilms in the name of UndcrsiUI1t:d.
Bank Of Bank's dc~ignt:::e. ~
12. Miscellaneous I>rovisions. ea) Under1'ligncd waives protest of
all commercial paper at any time held liv Bank on which
Undcr:)igncd is in any way liahle, notice of nonpayment at ITIUlurllY
of any and all accounts. and (except where reque1'ltl::d herehy)
notice of action taken hv f3(jI1k.: and I1crchv r:Hitles and confirms
whatever Bank mav do. Bank shalllle entirled 10 ~xcrcisc <..In\' rilTllt
. .-
notwith~t:lIlding any prior exercise. failure to exercise or delav~ in
exercising any well right. (h) Bank shall rerain lhe lien of .any
judgment entered on account of the intlclltcdlll:ss evidenced
herehy. as well as any security interest prt:viously granted to secure
repayment of the indehtedness evidenced herehy. and Under1iigned
warrants that Undersigned has no defense whatsoever to any action
or proceeding that may he brought to enforce or realize on :mch
judgment or sccurity interest. (c) If any provision hereof shaH for
any reason he held invalid or unenforceable, no other provision
shall be affected thereby, and this Note shall be construed as if the
invalid or ul1~nforceahle provision had never heen a part of it. The
descriptive headings of this Note are for convenience only and shall
not in any way affect the meaning or construcrion of any provision
hereof. (d) TJ1C rights and privileges ()f Bank contained in this Note
shall inure to the henctlt of its successors and assigns, and the
t1uties of Undersigned shaU bind all heirs, personal represenrntives,
successors .'lnd ,a-ssigns. (e) This Note shalt in aU" respects be
governed hy the laws of the stute in which this Note is payable
(except to the extent that federal law governs), and all references to
the Uniform Commercial Code shall he deemed to refer to the
Uniform Commercial Code as enacted :n such state. (f)
Undersigned hereby irrevocably appoints Bank and each holder
hereof as Undersigned's attorney-in-fact to: (l) endorse
Undersigned's name to any draft or check which may he payahle to
Undersigned in order to collect the proceeds of any insurance or
any returned or unearned premiums in respect of any policies of
insurance required to he maintained hereunder; and (2) take any
action Bank deems necessary to perfect or maintain perfection of
any security interest granted to Bank herein. including executing
any document on Undersigned's behalf. Undersigned. herchy
acknowledges that this appointment of Bank and each holder
hereof as mtorney.in-fact is irrevocable and is coupled with an
interest. (g) Undersigned shull hear the risk of loss of. damage to,
or destruction of the Collateral. and. Undersigned hereoy rclel.lses
Bank from all claims [or loss or damage to the Collateral caused hy
any act or omission on the part of Bank, except for willful
misconduct. (h) Copic!'\ or reproductions of this document or of any
financing statement may he tiled as a financing swrcmcnL
-
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.1.1. Additioml1 P'OWt:1 of Attornt~J" ff tIll.;: Collateral include!)
ll1vc.l1.wry and/or a(;CDunt.". lht: following shall he applicahlc: In
addttJon to any powers of attorney llranceLt to S'lOk l,y Unde' I
'I' ..' .. . .:J < rSlgnet
t: ~cwherc 1I1 ll11s Note. Unllcr.'Hgncd hereby appoints Bank and its
officers. c.1l1pluyccs_ and agents as it1'l irrevocahlc. true and lawful
att()rncY~-Hn.fact With, all ncceslmry powcr and authority t . (,
., IJ j' . o. oil
enuOfse 11t ersl,gncd.s name t~11 all media of payment delivered to
l1ank l.lf dc?oSItCd m thl.;: Cas? Collateral Account; (h) nority
l~ndcn"gned',<; aeCnunl dehtors ot the assignment of their debls and
lllrect lhem 10 make all paymcnts thereon to Bank: (el in Bank.s
name ur .in the name or Undersigned. ltcmanLl. sue for. collect
compromIse, sc.ttle. <Ind give releases fmm <..lny accounl: antl (d) Jak~
such other actK:J1 as B~111k may deem appropriate for <..lny such
purpose, UnderSigned herehy acknowlccJgcs (hat this appointment or
Bank and each holder hereof .1"'; atl()rney~in~t~lct is irrevocahlc amI is
coupled with an intt::rcst. [11 exercising its rights undl.;:r this st:crioJ1.
Bank shall have no li~111ili[y III Undersigm::d except for willful
misconduct,
14. Detinitions. 1\s used herein: (a) "accounr." "chattel paper."
"contract nghi." "ducul1lcnt." "il1litrumenl." and "inventory" havl.;: tllC
same rc:\pcclive meanings givcn to those terms in the Uniform
CDl11ll1crda! Code: (h) "general intangi\llt:s" has the meaning given to
tl1m term in the Uniform Commercial Code, including without
limitation. customer lists. hooks and records (including without
limitation. all corrcspomjcnce, tIleS. tapes. cards. hook entries.
compulCr runs. Ctlll1puter program.s and mher papers and
documents. whether in the possession or control of Undersigned or
any computer service hureau), rights in franchises and sales
contracts, patents, copyrights, tfi.1demarks, logos, goodwill, trade
names, label designs, royalties. brand names, plans, blueprints,
inventions, patterns, trade :;;ecrets1 licenses, jigs, dies, molds, and
formulas: (c) "Chief Executive Office" menns the place from which
the main purt of the husinesR operations of an entity is managed: (d)
l'Environmenral Lawll means any federal, state or local environmental
law. 5tatute, regulmion, rule, ordinance, court or administrative order
or decree, or priVate agreement or interpretation, now or hereafter in
existence, relating to the manufacture, distribution, labeling, use,
handling, collection. storage, treatment, disposal or otherwise of
Hazardous Sul,stnnces, or in any way relating to pollution or
protection of the environment or public health; (e) "Environmental
Permit" means any fcderal, state or local permit, license or
authorization issued under or in connection with any Environmental
Law; (t) "Hazardous Substnnces" means petroleum and petroleum
products, radioactive materials, asbestos, radon, lead containing
materials, sewage or any marerial'l or suhstances defined a<; or
included in the definition of "hazardous wastes," "hazardous
suhswnces," "ha7..ardous m8tericlls!" "toxic substances," "hazardous air
poUutams," "toxic pollutants," "pollution," or terms of similar meaning
as those terms are used in any Environmental Law; and (g)
"Undersigned" rcfers individually and collectively to all makers of this
Note, including, in the .'-':"_.., <-t. _~;:'/ ~]Lirti1Cr:;':1ip, a;i ..:1'J'::~.:-al parrners {)f
such partnership individually and collectively, whether or not such
partners shm helow. Undersigned shall each be jointly and severally
hound by ,~the terms hereof, and. with respect to any partnership
executing this Note. each gcnernl pnrtner ,~hClll he bound herehy both
in such general parmer's individual and partnership capacities.
(Remainder uf pa~e intentiOlHllly left hlank)
Page 5 ufo
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IS. C()nfe~.sion of Judgment. Undersigned hereby empowers the
prothonotary or any attorney of any court of record to appear for
Undersigned and to confess judgment as often ~lS necessary
again~t Undersigned in favor of the bolder hereot; regardless of
whether any event or default bas occurred, ~lt any time and as of
. any term. for the abo....e sum plus interest due under the terms
hereof and all other anwunts due hereunder, together with costs of
legal proceedings and an attor;~y's commission equal to the lesser
of fa) 20% of the above sum and interest then due hereunder or
$500.00, whichever is greuter, or (b) the maximum amount
permitted by law, with release of all errors. Undersigned waives all
laws exempting real or personal property from execution.
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C 4 lt1UM
individ ally and d/b/a
C & J ENTERPRISES
5252 E. TRINDLE ROAD
MECHANICSBURG, PA 17055
(Seal)
Locations of inventory:
5252 E. TRINDLE ROAD
Locations of records concerning the accounts:
5252 E. TRINDLE ROAD
.C,';:CHA~IICSBURG. Pi\. 17055
MECHANICSBURG. PA 17055
LZ-UI27 (FormcrlyCL-221) ~c:V.(IOJ%) Le. 9196 LD ~W6
0275 P 181.:!8.,H87 2 LZOl27 (01) 123197.10"-1
Page 6 of6
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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
PhiladelphiaPA 19101-7899
No. ()/-
Co(( '--r~7
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
ENTRY OF JUDGMENT
AND ASSESSMENT OF DAMAGES
AND NOW, this ~ dayof kinD' SA?, I , 2001, judgment is entered
in favor of Plaintiff and against Defendant and damages are assess~ in the amount of$30, 758.92 as
follows:
Principill Balance:
$24,779.86
Accrued Interest untill/29/01
(per diem $6.71)
5,979.06
Attorney's Fees and Costs
(to be assessed sec. leg.)
Total:
$30,758.92
BY THE COURT:
CL:I<;, 7? 4
Prothonotary
BLU-I06017 _lIlRC1681/MEL049-129331
013101/11:07
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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 F1.
PhiladelphiaPA 19103
215-977-2000
MELLON BANK N.A.
1735 Market Street, 7th Floor
PhiladelphiaPA 19101-7899
No. 01-
eo~L ~~
vs.
CAROLYN L. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, PA 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" hereof, I hereby appear for Defendant and confess judgment, exclusive of
costs, in favor of the Plaintiff and against Defendant as follows:
Principal Balance:
$24,779.86
Accrued Interest until 1/29/01
(per diem $6.71)
5,979.06
Attorney's Fees and Costs
(to be assessed sec. leg.)
Total:
$30,758.92
WOLF, BLOCK, SCHORR and SOLIS-COHENLLP
B Y' :. ~"" ( --------
Robert ~ ,-Esquire
~
BLU-106017 _1/lRC16811MEL049-129331
013101111:07
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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.
1735 Market Street, 7th Floor
PhiladelphiaPA 19101-7899
No. 6/-
~
CuJ, ~v~
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
CERTIFICATION
I hereby certifY the precise address of the Plaintiff is:
1735 Market Street, 7th Floor, PhiladelphiaPA 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:---~c...c:". ( .:-./
Ro ert C. Lopez, Esqui~
BLU-106017 _l/LRCl681/MEL049-129331
013101/11:07
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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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BLU-106017 _1/lRCl681/MEL049-129331
013101111:07
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VERIFICATION OF NON-CONSUMER CREDIT TRANSACTION
I, ROBERT C. 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 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.S.A. 94904 relating to
unsworn falsification to authorities.
Dated:
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Robert C. Lop~'t',: I:lif~
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BLU-106017 _I/LRCI681/MEL049-129331
013101/11:07
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AFFIDAVIT OF DEBTORS' WAIVER OF RIGHTS
COMMONWEALTH OF PENNSYL VANIA
SS
COVNTYOFCUMBERLAND
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 ofthe 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.
R9~O~~(jUjl~)
Sworn to and subscribed before me
this M day of -JtUw.d 2001.
PamdtA ~. ~
Notary Public
NOTARIAL SEAL
PAMELA S. ELWElL, Notary Public
City of Philadelphia, Phifa. County
Mv-COmmission Fxpires Nov. 25. 2002
BLU-106017 _lILRCl68l1MEL049-129331
013101/11:07
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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.
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Sworn to and subscribed before me
this J.ui day of J-~ 2001.
fJM?U1u. ~. E1we.u
Not
N TARIALSEAL
PAMElAS. aWELl, N~'
City of Philadelphia, Pllila.
Commission Fxpires Nov. 25,
BLU-I06017 _lILRCI681/MEL049-129331
013101111:07
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