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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO THE FIRST : CUMBERLAND COUNTY, PENNSYLVANIA
BANK AND TRUST COMPANY G .C~
Plaintiff : NO. 01 - /1fP 1l.J\. ~
v.
CAROLYN 1. THOMPSON,
T/D/B/A C & J ENTERPRISES
AND JOHN M. THOMPSON,
Defendants
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiff and against Defendants as follows:
Principal
$127,519.40
Other authorized items:
Interest to March 26, 2001
$ 24,333.17
$ 15.185.26
Attorney's Commission
TOTAL
$167,037.83 plus interest at
the default rate
set forth in the
Loan Extension
Agreement and
costs of suit
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: ? I '2-- 6 (0 I
By:
I M. debohm, Esquire
Supreme Court ill #59012
2 I 09 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO THE FIRST : CUMBERLAND COUNTY, PENNSYLVANIA
BANK AND TRUST COMPANY
Plaintiff : NO.
v.
CAROLYN 1. THOMPSON,
T/D/B/A C & J ENTERPRISES
AND JOHN M. THOMPSON,
Defendants
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The name and address of the Plaintiff is PNC Bank, National Association,
Successor by Merger to The First Bank and Trust Company, 4242 Carlisle Pike, Camp HilI,
Cumberland County, Pennsylvania 17011.
2. The names and last known address of the Defendants are Carolyn 1. Thompson,
t!d/b/a C & J EnteIprises and John M. Thompson, is 501 East Marble Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Defendants executed and delivered to Plaintiff a Note ("Note"), a true and correct
photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part
hereof.
4. Defendants executed and delivered to Plaintiff a second Loan Extension and
Modification Agreement dated April 1, 1999 regarding Defendants' obligations to Plaintiff under
the Note, containing a confession of judgment clause (the "Loan Extension Agreement"). A copy
of the Loan Extension Agreement is attached hereto as Exhibit "B" and made part hereof.
5. . Defendants have defaulted in their obligations under the Note and the Loan
Extension Agreement and Plaintiff has demanded the immediate payment of all amounts due to
Plaintiff under the Note and the Loan Extension Agreement. A copy of Plaintiff's demand is
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attached hereto as Exhibit "C" and made part hereof.
6. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
7. There has not been any assignment of the Note or the Forbearance Agreement.
8. Judgment has not been entered on the Note in any jurisdiction.
9. The amount due to Plaintiff as a result of Defendants' default is as follows:
Principal
$127,519.40
Interest to March 26, 2001
$ 24,333.17
Attorney's Commission
$ 15.185.26
TOTAL
$167,037.83
10. Interest continues to accrue at the default rate provided in the Loan Extension
Agreement.
WHEREFORE, Plaintiff demands judgment against Defendant, Carolyn 1. Thompson,
t!d/b/a C & J Enterprises and John M. Thompson, as authorized by the warrant of attorney
contained in the Forbearance Agreement for One Hundred Sixty-Seven Thousand Thirty-Seven and
83/100 Dollars ($167,037.83), plus interest from and including the date of this Complaint and
judgment entered hereon at the default rate provided in the Loan Extension Agreement and costs of
suit.
Respectfully submitted,
SAIDIS, SHOO , FLOWER & LINDSAY
n.re. "'H&'
By:
M. Le ebol\rri, Esquire
S preme Court ill #59012
2109 Market Street
Camp HilI, PA 17011
(717) 737-3405
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uS $ ~f.'JOO.OO f" ilE!ce....r 9, 19r~chaniCSbUrg, PA
FOR VALUE RECEIVED, the undersigned ("Borrower") promise(s) to pay THE FIRST
BANK AND TRUST COMPANY, Mechanicsburg, Pennsylvania 17055. or order, the principal
sum of three hundred and thirty five thousand dollars and xx/100 Dollars
with interest on the unpaid principal balance frum the date of thfs-~ untIl paid
at the rate per annum computed as follows: the "Prime Rate" of interest per annum '
as established and designated from time to time as a often as established by Provident
National Bank, Philadelphia, PA, plus one per centum ( 1.0 S) per annum (said
interest to be computed and recomputed on the unpaid balance of principal as of and
at each time said Prime Rate is established [and reestablished] and published [and
republished], (but in no event said total interest rate be less than per
cent ( S) per annum or greater than per centum ( S) per annum).
Principal and interest shall be payable at any of the Bank's branch offices, or such
.other place as the note holder may designate, In ,consecutive monthly payments of
three thousand,tve hundred-one dol s & 4 liars (US $ 3.'01 d' . ),
on the ninth ay 0 eac mont eginning Januat'V 9 ,
Ig~. Such monthly payments shall. continue for one hundred eiahtv monthR' A
final payment of $ 3,201.43 will be due on Deceai>er 9, 2~Jf '
19 . Any increase or decrease in the amount of interest due cause by early or
late payments will be reflected in the final payment which will be modified accordingly.
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If any monthly payments under this Note is not paid when due and remains unpaid
after a date specified by a notice to Borrower, the entire principal amount outstanding
and accrued Interest thereon shall at once become due and payable at the option of
the Note holder. The date specified shall not be less than thirty days from the date
such notice is mailed. The Note holder may exercise this option to accelerate during
any default by Borrower regardless of any prior forbearance. If suit Is brought to
collect this Note, the Note holder shall be entitled to collect all reasonable costs
and expenses of suit, but not limited to, reasonable attorney's fees.
Borrower shall pay to the Note holder a late charge of 5(five)
monthly payments not received by the Note holder wIthin 15(t2tteen)
the payment is due.
Borrower may prepay the principal amount outstanding in whole or in part. The
Note holder may require that any partial prepayments (i) be made on the date monthly
payments are due and (il) be in the amount of that part of one more monthly payments
which would be applicable to principal. Any partial prepayment shall be applied against
the principal amount outstanding and shall not postpone the due date of any subsequent
monthly payments or change the amount of such payments unless the Note holder shall
otherwise agree In writing.
percent of any
days after
Presentment, notice of dishonor, and protest are hereby waIved by all makers,
sureties, guarantors and endorsers hereof. This Note sh.1l be the joint and several
obligation of all makers, guarantors, and endorsers, and shall be binding upon them
and their successors and assigns.
Any notice to Borrower provided for in this Note shall be given by mailing such
notice by certified mail addressed to Borrower at the Property Address stated below,
or to such other address as Borrower may designate by notice to the Note holder.
Any notice to the Note holder shall be given by mailing such notice ~y certi:ied mall,
return receipt requested, the the Note holder at the address stated ,n the f,rst paragraph
of this Note, Or at such other address as may have been designated by notice to Borrower.
The indebtedness evidenced by this Note is secured by a Mortgage, dated 12/9/92
. and reference is made to the Mortgage for rights as
to acceleration of the indebtedness evidenced by this Note**
Carolyn L. Thompson T/C/B/A C&J Enterprises
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~ Garolyn y. Thompson I Prop.
501 E. Marble St.
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<1;'olyn t,.-~ Thompson
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John M. Thompson
Mechanicsburg I PA
Property Address
** Additional security as stated on attached Security Agreement of even date.
Exhibit "A"
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SECOND LOAN EXTENSION AND MODIFICATION AGRE2HENT
THIS AGREEMENT is made as of April 1,
CAROLYN L.THOMPSON, individually and t/d/b/a
1999, by and among
.
C << J ENTERPRISES,
and JOHN M. THOMPSON, adult individuals with an address of 510 East
Marble Street, Mechanicsburg, Pennsylvania 17055 (jointly and
severally, "Borrower"), and PNC BANK, NATIONAL ASSOCIATION, a
national banking association with an office at 4242 Carlisle Pike,
Camp Hill, Pennsylvania 17011 ("Bank").
Recitals
A. Borrower executed and delivered to the Bank a term loan
Promissory Note dated December 9, 1992, in the original principal
amount of Three Hundred Thirty-Five Thousand Dollars ($335,000.00)
("Note") .
B. Borrower and Bank executed a Loan Extension and
Modification
Agreement
dated
January
16,
1998
( "First
Modification") .
C. The Note, the First Modification and this Agreement are
secured by a third lien mortgage dated December 9, 1992, and
recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania ("Recorder's Office"), at Mortgage Book 1116,
Page 435, given to Bank by Carolyn L. Thompson and John M.
Thompson, on the real property situate in the Borough of
Mechanicsburg, Cumberland County, Pennsylvania, known as 510 East
Marble Street, as more fully described in the mortgage, and by a
d 1. d d J ry 16 1998, and recorded in the
secon ken mortgage ate anua ,
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Exhibit "B"
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Recorder's Office given to Bank by Carolyn L. Thompson and John M.
Thompson on certain real property known as 5252 East Trindle Road,
Mechanicsburg, Pennsylvania, as more fully described in the
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mortgage (such mortgages being referred to hereinafter together as
the "Mortgage," and such properties being referred to hereinafter
together as the "Property"), and by a security agreement dated
December 9, 1992, and by a security agreement dated December 18,
1996 (together, the "Security Agreement"), pursuant to which
Borrower has granted Bank a security interest in and to all of
Borrower's machinery, equipment, vehicles, furniture, fixtures,
accounts, accounts receivable, contract rights, chattel paper,
instruments, documents, goods, inventory, general intangibles, cash
and cash equivalents, and other personal property used in
Borrower's business operations, now owned and hereafter acquired,
as more particularly described in the Security Agreement, and any
and all proceeds therefrom (collectively, "collateral") which
security interest the Bank has perfected by filing Uniform
Commercial Code financing statements.
D. Borrower's indebtedness under the Note, as previously
modified, matured and was due and payable in full on December 31,
1998.
E. Borrower has requested Bank to extend and modify the
Loan, and Bank has agreed to Borrower's request, subject to the
provisions of this Agreement.
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AQ'reement
NOW THEREFORE, in consideration of the foregoing Recitals,
which are an integral part of this Agreement and are expressly
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incorporated as part of this Agreement, and of the agreements
hereinafter set forth, and intending to be legally bound, Borrower
and Bank agree as follows:
1. Borrower agrees to pay to the Bank simultaneously with
execution of this Agreement the sum of Three Thousand Five Hundred
Six and 23/100 Dollars ($3,506.23). The Bank agrees to accept this
amount and apply it to the extent that funds are available to the
following items in the following order of priority:
a.
First,
to pay Bank a $1,266.00 fee for and in
consideration of Bank's extension and modification of the
Loan as provided herein, which Borrower hereby agrees has
been fully earned by Bank.
b. Second, to reimburse Bank for its actual attorneys' fees
of $819.00 incurred or paid by Bank in connection with
the preparation, negotiation and implementation of this
Agreement.
2. Bank agrees, without waiving any of Bank's rights or
remedies against: Borrower or the Property or Collateral, to extend
the maturity of t:he Loan until December 31, 1999.
3. The loan evidenced by the Note ("Loan") is hereby
modified as follows:
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Borrower hereby acknowledges and agrees that the balance
of the Loan outstanding as of the date of this Agreement,
including principal and interest,
Commencing on April 1, 1999,
is $128,246.36.
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and continuing or
'~he first
day of each calendar month thereafter until ar. including
December 1,
1999, Borrower shall pay the ~128,246.36
outstanding balance of the Loan in monthly installments of
principal and interest from and including April 1, 1999, in
arrears, at the rate of 10% per annum, calculated according to
a 14-year amortization schedule, and otherwise as provided in
the Note, each in the amount of One Thousand Four Hundred
Twenty-One and 23/100 Dollars ($1,421.23).
On December 31, 1999, the entire outstanding pr:r=ipal
balance of the Loan, together with all accrued and unpaid
interest thereon and any and all other sums due under or in
connection with the Loan, shall be due and payable ir: full,
without notice or demand, or setoff, counterclaim or df-::'"lction
of any nature.
If the Borrower fails to make any payment of pcincipal,
interest or other amount within fifteen (15) days a~ter such
payment is due pursuant to the provisions of this Agreement,
the Borrower also shall pay to the Bank a late charge equal to
five percent (5%) of the amount of such payment.
The late
charge is imposed for the purpose of defraying the Bank's
expenses incident to the handling of delinquent payments and
is in addition to, and not in lieu of, the exercise by the
Bank of any rights and remedies hereunder, under the other
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documents which evidence or secure the loan or under
applicable laws, and any fees and expenses of any agents or
attorneys which the Bank may employ. Upon maturity, whether
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by acceleration, demand or otherwise, and at the option of the
Bank upon the occurrence of any default (as hereinafter
provided) and during the continuance thereof, this Agreement
shall bear interest at a rate per annum (based on a year of
360 days and actual days elapsed) which shall be two
percentage points (2.0%) in eo:cess of the interest rate in
effect from time to time under this Agreement but not more
than the maximum rate allowed by law (the "Default Rate").
The Default Rate shall continue to apply whether or not
judgment shall be entered on this Agreement.
4.a. Borrower hereby reaffirms, affirms, ratifies and confirms
Borrower's absolute and unconditional liability to make
all payments and to observe and perform all of the
duties, obligations and other agreements of Borrower
under or in connection with the Loan,
including
specifically but without limitation those contained in
the Note, the Mortgage, the Security Agreement and the
First Modification,
subject only to
any express
modification contained in this Agreement.
Except as
expressly set forth herein, nothing contained in this
Agreement releases, limits, or otherwise affects in any
way or at any time the liability of Borrower for or with
respect to the Borrower's obligations and agreements
under or in connection with the Loan.
This Agreement
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does not evidence or represent in any way new
indebtedness or satisfaction of Borrower's obligations to
the Bank. All provisions of the Note, the Mortgage, the
,
,
Security Agreement and the First Modification, remain in
full force and effect, enforceable by the Bank in
accordance with the provisions of each of them, except as
expressly modified hereby, including without limitation
any provisions for confession of judgment contained in
the Note, the Mortgage,
the Security Agreement or the
First Modification. Nothing contained in this Agreement
waives or should be construed as a waiver of any of the
Bank's rights and remedies under the Note, the Mortgage,
the Security Agreement, the First Modification or at law
or in equity.
b. All of the provisions of the Note, the Mortgage, the
Security Agreement and the First Modification are
incorporated herein by reference and made a part hereof
as if set forth in full herein, and all of the provisions
of this Agreement are incorporated into the Note, the
Mortgage,
the
Security Agreement
and the
First
Modification and made a part thereof as if set forth in
full therein. The provisions of this Agreement are and
will be deemed to be supplemental to, and not in
derogation of, the provisions of the Note, the Mortgage,
the Security Agreement, and the First Modification
whenever possible. However, if there is any conflict or
inconsistency between or among the provisions of the
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Note, the Mortgage, the Security Agreement, the First
Modification,
and this Agreement, the provision(s)
determined by Bank
applicable will govern
in its sole discretion
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and control the resolution
to be
of any
such conflict or inconsistency, and Borrower agrees to be
bound by Bank's determination.
c. Borrower hereby represents and warrants, and covenants
and agrees, that Borrower is, and will be (except as
provided in section 6.gl, the sole owner of all of the
Collateral.
d. Borrower hereby expressly acknowledges that the 510 East
Marble Street Property was inadvertently, due to clerical
error, referred to in the Security Agreement and
Mortgage, and related agreements and documents as 501
Marble Street; and Borrower hereby agrees that such error
is hereby deemed to be and is hereby corrected in all
such agreements and documents, and that such error has
net and does not in any way or at any time waive (d) ,
limit (ed) or otherwise adversely affect (ed) any provision
of any such agreement or document or any right or remedy
of Bank provided for therein.
S. Bank's agreements contained herein are conditioned upon
and subject to the following representations, warranties, covenants
and agreements of Borrower:
All federal, state and local taxes due and payable by
a.
Borrower have been paid as of the date hereof; and
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b. Neither the Property nor the Collateral has been or will
at any time be used in any manner so as to cause any
contamination of the environment or any.environmentally
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threatening condition in violation of, or which may
require
remediation
under,
any
applicable
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regulation, rule, ordinance, requirement, restricti,
covenant, order or decree; and
c. Neither the Property nor the Collateral has been or will
at any time be used in violation of any law, regulation,
ordinance, requirement, restriction, covenant, order or
decree which may result in forfeiture of either premises.
d. Borrower will furnish Bank with such additLonal
information
and statements,
lists of asse:.:;- and
liabilities,
agings
of
receivables
and pay ables,
inventory schedules, budgets, forecasts, tax retur:1s, and
other reports with respect to Borrower and Bor;:ower's
business operations as Bank may request from cime to
time.
e. In addition to all liens upon and rights c ~ setoff
against the money, securities or other propert of the
Borrower given to the Bank by law, the Bank shall have,
with respect to the Borrower's obligations to the Bank
under the Note, the First Modification and this Agreement
and to the extent permitted by law, a contractual
possessory security interest in and a contractual right
of setoff against, and the Borrower hereby assigns,
conveys, delivers, pledges and transfers to the Bank all
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of the Borrower's right, title and interest in and to,
all deposits, moneys, securities and other property of
the Borrower now or
hereafter in the possession of or on
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transit to, the Bank whether held in
deposit with, or in
a general or special account or deposit, whether held
jointly with someone else,
or whether held for
safekeeping or otherwise, excluding, however, all IRA,
Keogh, and trust accounts. Every such security interest
and right of setoff may be exercised without demand upon
or notice to the Borrower.
Every such right of setoff
shall be deemed to have been exercised hereunder without
any action of the Bank, although the Bank may enter such
setoff on its books and records at a later time.
6. The occurrence of anyone or more of the following is a
default under this Agreement:
a. Borrower's failure to make any payment required under the
provisions of this Agreement on or before the due date;
b. Borrower's failure to observe or perform each and every
one of the provisions on Borrower'.s part to be observed
or performed under this Agreement, or under the Note, the
Mortgage,
the
Security
Agreement:
or
the
First
Modification, as modified by this Agreement;
c. Commencement by Borrower of any proceedings in bankruptcy
or proceedings for an arrangement or reorganization, or
for the readjustment of debts under any law, whether
state or federal, for the relief of debtors, now or
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hereafter existing,
or commencement of any such
proceeding against Borrower;
d. Application by Borrower for the appointment of a receiver
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or appointment of a receiver for Borrower;
e. Making of an assignment by Borrower for the benefit of
creditors;
f. Entry of any judgment. or issuance of any execution
process against Borrower, or any of Borrower's respective
assets (other than by Bank) which is not removed or
satisfied within twenty (20) days;
g. Without prior written approval of Bank, transfer or any
attempt to transfer by Borrower of control or ownership
of the Property or any of the Collateral, or any interest
therein, other than in the ordinary course of business,
whether by sale, assignment, lease, encumbrance or any
other type of transfer or conveyance, whether direct or
indirect, and whether voluntarily or by operation of law.
However, notwithstanding this section of this Agreement,
Bank hereby acknowledges Borrower's intention to form a
corporacion for, among others, the purposes of owning
Borrower's assets (including the Collateral), operating
Borrower's business, and including additional owners of
Borrower's business. Bank hereby agrees that such action
will not be a default of this section of this Agreement
if, and only if, (1) Borrower gives Bank written notice
of Borrower's intention to cransfer Borrower's assets to
such corporation at least thirty (30) days before the
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date on which such transfer is to occur ("Transfer
Date"), and (2) on the Transfer Date Borrower and such
corporation execute and deliver to Bank the Bank's form
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of Assumption Agreement and such other, agreements and
documents as Bank may require with respect to such
transaction,
and
(3)
on the Transfer Date such
corporation executes and delivers to Bank Uniform
Commercial Code financing statements for filing to
continue Bank's perfection of Bank's security interest in
the Collateral following transfer to such corporation,
and (4o) Borrower and/or such corporation payor reimburse
Bank for Bank's attorneys' fees and costs incurred or
paid in connection with the transaction, including
preparation, negotiation and implementation of the
Assumption Agreement and related agreements and documents
and the financing statements, and all filing fees.
h. If any representation, warranty, or financial statement
or presentation of Borrower at any time made to Bank in
connection with Borrower's indebtedness to Bank is
determined by Bank to be materially incorrect or
misleading, including without limitation any financial
statements provided by Borrower to Bank in accordance
with this Agreement.
7. Upon the occurrence of any default, Bank may immediately
and without notice or demand exercise or proceed to enforce any or
all of the rights or remedies available to Bank at law or in equity
or under this Agreement, the Note, the Mortgage, the Security
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Agreement,
the First Modification, or some
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any or all of them.
Bank may exercise or proceed to enforce Bank's rights and remedies
independently or
cumulatively, concurrently or successively,
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or the Property, the Collateral or any other
against Borrower,
property of Borrower, in connection with all of the indebtedness of
Borrower to Bank at any time or times and in any order as Bank may
elect. Failure of Bank to exercise any right or remedy as provided
herein at any time will not constitute a waiver of any such remedy
or preclude the Bank from the subsequent exercise of any such
remedy.
8. Borrower agrees that a default under any of the Note, the
Mortgage, the Security Agreement, this Agreement, the First
Modification, or under any other agreement or document evidencing
or securing any other indebtedness or obligation of Borrower to
Bank, is a default under all of the Note, the Mortgage, the
Security Agreement, the First Modification, this Agreement and all
such other agreements and documents.
9. Borrower hereby releases and agrees to indemnify, defend
and hold Bank, its predecessors. successors and assigns, and its
and their respective parent corporations, subsidiaries, affiliates,
stockholders, directors, officers, employees, agents and attorneys
(collectively, the "Indemnified Parties") harmless for, from or
against any and all liability of any nature whatsoever, including
without limitation any demands, claims, suits, proceedings or
actions of any nature whatsoever, and any damages, losses, costs,
expenses and fees (including attorneys' fees) or other liabilities
of any nature whatsoever, arising at any time before, on or after
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the date of this Agreement as a result of or in connection with any
actions or inactions of any of the Indemnified Parties, whether
intentional or negligent, which occurred on or prior to the date of
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this Agreement. This provision will survive any expiration or
termination of this Agreement, whether by payment in full of the
Loan and all other sums due under or in connection therewith, or
otherwise.
10. Borrower will execute or deliver to Bank such additional
documents, agreements or materials, or will take such further
action, as Bank may reasonably request at any time and from time to
time to give effect to the purposes or provisions of this
Agreement.
11. All documents, agreements and materials of any nature
whatsoever required at any time to be executed or delivered to Bank
in connection with any of the obligations of Borrower to Bank under
this Agreement will be in form and substance satisfactory to Bank
in Bank's sole discretion.
12. No modification of any provision of this Agreement, the
Note, the Mortgage, the Security Agreement or the First
Modification shall be effective unless in writing and signed by all
of the parties.
13. If at any time or times Bank believes it to be necessary
or desirable to refer any aspect of the administration of this
Agreement, or the enforcement of any provision of this Agreement,
to any attorney, Borrower will be liable to payor reimburse Bank
for all reasonable attorneys' fees and costs incurred or paid by
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Bank as a result of such referral, which fees and COSl will be due
when incurred and payable immediately upon demand therefor.
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Time is of the essence of Borrower's obligations
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under
this Agreement.
15. The provisions of this Agreement are severable and the
invalidity or unenforceability of any provision will not affect or
impair the remaining provisions, which shall remain in full force
and effect.
16. This Agreement shall be interpreted and construed under
the laws of the Commonwealth of Pennsylvania. Borrower consents to
the jurisdiction of the Court of Common Pleas of Cumberland County,
Pennsylvania, and the United States District Court for the Middle
District of Pennsylvania over all matters arising from or related
to the Note, the Mortgage, the Security Agreement, the First
Modification and this Agreement. Borrower and Bank agree that any
dispute or controversy between Borrower and Bank would not lend
itself to resolution or determination in trial by jury. Therefore,
Borrower and Bank each hereby voluntarily,
knowingly and
understandingly waive the right to trial by jury in any action or
proceeding with respect to any dispute or controversy which may
arise between them under or in connection with the Loan or this
Agreement and the subject matter of this Agreement.
17. Borrower hereby voluntarily, intelligently and knowingly
empowers the Prothonotary or any attorney of any court of record to
appear for Borrower and to confess judgment for all amounts due or
payable under this Agreement, with or without filing a complaint,
including without limitation the entire balance of principal due or
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payable, late charges~ interest, expenses and fees, costs of suit
and attorneys' fees equal to ten percent (10%) of the total of all
such amounts, and Borrower hereby releases all errors or defects in
I
any such action and the entry of any such judgment, and waives all
laws exempting real or personal property from execution.
18. This Agreement shall inure to the benefit of Bank, its
predecessors, successors and assigns, and its and their respective
parent corporations,
subsidiaries,
affiliates,
stockholders,
directors, officers, employees, agents and attorneys, and all
obligations of Borrower shall b~nd their respective heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, Borrower and Bank have executed this
Agreement as of the date first written above.
WITNESS:
By: Q~~ ~~
L. THOMPSON
UALLY AND T/
ENTERPRISES
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/Jo)iN M. THOMPSON
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(SEAL)
PNC BANK, NATIONAL ASSOCIATION
By: (J':-C\ ;( c~
ERIC D. KRIMMEL
ASSISTANT VICE PRESIDENT
15
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jfJvlES D. FLOWER
JOHN E. SLIKE
ROBBRT C. SAlOIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL j. LINDSA Y
jOHNNAj. KOPECKY
KARL M. LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAID1~, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405. FACSIMILE: (717) 737-3407
EMAlL: attorney@ssfl-law.com
www.ssfl.law.com
CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, P A 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
December 19, 2000
Carolyn 1. Thompson
10 East Marble Street
Mechanicsburg, P A 17055
John Thompson
I 0 East Marb 1 e Street
Mechanicsburg, P A 17055
C & J Enterprises
10 East Marble Street
Mechanicsburg, P A 17055
RE: PNC Bank, National Association Obligation # 600723739
Dear Mr. & Mrs. Thompson and C & J Enterprises:
Our firm represents PNC Bank, National Association in connection with the collection of
the amounts due to PNC under the above referenced Obligation and that certain Forbearance and
Loan Modification Agreement dated December 18,1996 (the "Forbearance Agreement").
You are in default of your obligations under the Forbearance Agreement and the
Promissory Note dated December 9, 1992 in the original principal amount of $335,000.00, inter
alia. failure to make payment to PNC when due under the Note and Forbearance Agreement and
for your obligations under the Note as modified by the Forbearance Agreement having matured.
As a result of the above defaults, PNC hereby demands payment of all amounts due to
PNC under the Note and the Forbearance Agreement in the amount of $150,286.05 itemized as
follows:
1.
Principal
$127,519.40
2.
Interest as of December 8, 2000
$ 20,559.65
Exhibit "c"
3.
Total due .t-o PNC as of December 8, 2000
$150,286.05
Please deliver payment of the $150,286.05 to my office immediately. Checks must be
made payable to Saidis, Shuff, Flower & Lindsay and be in form of a certified or cashiers check. .
In the event payment of $ I 50,286.05 together with additional interest at the rate of $4.94
per day is not delivered to my office within ten (10) days of the day of this letter, PNC has
instructed our firm to pur,sue its rights and remedies to collect the debt under the Forbearance
Agreement, the Note, any other documents evidencing the obligation and at law and in equity
without further notice.
Nothing herein shall be construed as an offer to compromise the debt or as a commitment
on behalf of PNC to accept any terms and conditions in exchange for payment in full of all
amounts due to PNC except for the immediate payment of all amounts due to PNC.
This letter shall be without prejudice to and shall not be deemed a waiver or
postponement of any rights or remedies available to PNC, including, without limitation,
PNC's rights to accept partial payments without waiving demand for payment in full of all
obligations due under the above-referenced Note or reinstating Borrower's obligation.
Neither this letter nor any subsequent discussion shall be deemed offers to extend the
maturity of the loan or otherwise waive any defaults thereunder.
PNC looks forward to receipt of the $150,286.05 together with interest to the date of
payment in the immediate future.
Very truly yours,
KML/tmh
cc: Anura Unger
Robert T. Wheeler
SA..ID.... I. ~.j,iF. F, F.LOWEJLINDSAY
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Karl Mi Ledebohm, EsqUIre
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7177373407 SAIDIS SHUFF MASLAND
436 P02
MAR 12 '01 15:16
PNC BANK, NATIONAL ASSOCIATION, : IN TIIE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO THE FIRST : CUMBERLAND COUNTY. PENNSYLVANIA
BANK AND TRUST COMPANY
Plaintiff : NO.
v.
CAROLYN L. THOMPSON,
TID/B/A C & J ENTERPRISES : CONFESSION OF JUDGMENT
AND JOHN M. THOMPSON,
Defendants
: CIVIL ACTION - LAW
VERIFICATION
I, Anura Unger, Assistant Vice President, for PNC/CRC, being authorized to do so on
behalf ofPNC Bank, National Association, hereby verify that the statements made in the
foregoing pleading are true and correct to the best of my infonnation, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: :;,/7-~( t? I
PN~C \.
By: tc~ 'J1~A
Anura Unger
Assistant Vice Presllient
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO THE FIRST : CUMBERLAND COUNTY, PENNSYLVANIA
BANK AND TRUST COMPANY ..J
Plaintiff : NO. 6/- I7f~ C'o:lY~
v.
CAROLYN 1. THOMPSON,
T/D/B/A C & J ENTERPRISES
AND JOHN M. THOMPSON,
Defendants
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
NOTICE
TO: Carolyn 1. Thompson, individually and t/d/b/a C & J Enterprises and John M. Thompson
Pursuant to Rille 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that
enclosed herewith is a copy of all the documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
KARL M. LEDEBOHM, ESQUIRE
TELEPHONE NUMBER: (717) 737-3405
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Prothonot
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO THE FIRST : CUMBERLAND COUNTY, PENNSYLVANIA
BANK AND TRUST COMPANY :
Plaintiff : NO. 0 (- '7fl
v.
O'u~lc.,~
CAROLYN L. THOMPSON,
T/D/B/A C & J ENTERPRISES
AND JOHN M. THOMPSON,
Defendants
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
CERTIFICATE OF ADDRESSES
I hereby certifY that the precise address of Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011; and that the last known
address of the Defendants, Carolyn L. Thompson, tld/b/a C & J Enterprises, and John M.
Thompson, is 501 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date:
;; /'2-b(p /
By:
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Supreme Court ill #59012
2109 Market Street
Camp Hill, PA l70ll
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO THE FIRST: CUMBERLAND COUNTY, PENNSYLVANIA
BANK AND TRUST COMPANY -^I-I^t.~ n .C~
Plaintiff : NO. (,...0' 8'Q' \..:.ICH - ~
v.
CAROLYN L. THOMPSON,
T/D/B/A C & J ENTERPRISES
AND JOHN M. THOMPSON,
Defendants
: CONFESSION OF mDGMENT
: CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendants, Carolyn L. Thompson and
John M. Thompson, in the above-captioned action are not presently on active or nonactive military
status.
Respectfully submitted,
Date:
3/u, It) I
SAIDIS, SHUFF, FLOWER & LINDSAY
By ~t~S2-
ryfu-I M. Ledebohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, P A 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO TIlE FIRST : CUMBERLAND COUNTY, PENNSYLVANIA
BANK AND TRUST COMPANY C" . ( ~
Plaintiff : NO. 01- 1'71') 1(..lll l~
v.
CAROLYN 1. THOMPSON,
T!D/B/A C & J ENTERPRISES : CONFESSION OF JUDGMENT
AND JOHN M. THOMPSON,
Defendants
: CIVIL ACTION - LAW
ENTRY OF APPEARANCE
TO TIlE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of PNC Bank, National
Association, Plaintiff in the above captioned matter.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: ~!'Z-610 I
By:
Kar . Le ebobm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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