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HomeMy WebLinkAbout01-03089 , ALLFIRST BANK, Plaintiff vs. VICTOR D. MACOMBER and WANDA W. MACOMBER, his wife, Individually and Jointly, Defendants '-' ,'0",- ' , _, "",~'-,;;" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. ()f -.$'6P9 C!io~l '-r~ CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: Principal Sum Due - Interest to 5/18/0 I - Late Fees - Attorney's Fees (15% of principal, interest and charges)- Total- $ 431,058.28 7,075.97 220.25 65,753.18. $ 504,107.68. Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full, charges, fees, expenses and court costs. ~M~;; 12_ ~ Prothonotary ~ II. ~/J.I }61 '., .- ,.:-/-,.-;;, '-~ ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff vs. : No, VICTOR D. MACOMBER and WANDA W. MACOMBER, his wife, Individually and Jointly, Defendants COMPLAINT 1. The Plaintiff is Allfirst Bank, a Maryland State charted commercial bank, with offices located at 213 Market Street, Harrisburg, Pennsylvania 17105. 2, The Defendants, Victor D. Macomber and Wanda W. Macomber, his wife, individually and jointly, are adult individuals last known to reside at 3452 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 3. On September 7,2000, the Plaintiffloaned to the Defendants the sum of Four Hundred Sixty Thousand Dollars ($460,000.00) as evidenced by a Commercial Promissory Note (the "Note") and Commercial Promissory Note Modification Agreement and Declaration of No Setoff, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Note, as modified, and debt have not been assigned. 5. Judgment has not been entered on the Note in any jurisdiction. Ii I~ ,__ ,"_ 6. Defendants are currently liable to Plaintiff as follows: Principal Sum Due - Interestto 5/18/0 I - Late Fees - Attorney's Fees (15% of principal, interest and charges)- Total - 'o'-"".c:<,'_' ,:';;~,:::;"" -Z""_'" ;_'_'_':~"3';;;# $ 431,058.28 7,075.97 220.25 65.753.18 $ 504,107.68 Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full, charges, fees, expenses and court costs. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff requests that judgment be entered in favor of the Plaintiff, Allfirst Bank, and against the Defendants, Victor D. Macomber and Wanda W. Macomber, his wife, individually and joint, in the amount of: Principal Sum Due - Interest to 5/18/0 I - Late Fees - Attorney's Fees (15% of principal, interest and charges)- Total - $ 431,058.28 7,075.97, 220.25 ! 65,753.18 $ 504,107.68 Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full, charges, fees, expenses and court costs. HENR YAIZ - ,ro <fER LP By: M CA, J.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - II H , ,t_,,-,,, ,Ie , ""-',I",,', ,-:-~ . "-^~'~ ,_, ',,k ,-',' ,-,-'j, , _, "'--'" AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF Jeffrey S. Linden, Assistant Vice President, of A1lfirst Bank, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Al1first Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copy of the Commercial Loan Note and Commercial Promissory Note Modification Agreement and Declaration of No Setoff, Exhibit "A" attached to the Complaint, is a true and correct copy of the original which is held in the files of the Plaintiff and which was executed and delivered by the Defendants to Plaintiff. ALLFIRST BANK BY~ll,mJ" J . lJ nden ssistant Vice President Sworn and subscribed to before me this &:;:~'200L Notary IC Notarial Seal Edle I. lingle, Notary PubliC Lebanon, Lebanon County My Commission Expires 001. If, 2004 Member, Penn.yll/llnla AssOcIaIlon ol Notarie. { .. ), COMMERCIAL PROMISSORY NOTE $ 460,000.00 107 West Market St., York, PA September 7 ,2000 (Amount) (Bank Office and Location) Subject to the provisions of this Commercial Promissory Note (this "Promissory Note"), Allfirst Bank, a Maryland state-chartered commercial bank (the "Bank") may, in its sole and absolute discretion and at any time and from time to time hereafter, until the close of business on March 7th, ,2001 (the "Advance Period"), lend to the Undersigned (the "Maker" whether one or more than one) such swns of money as may be requested orally or in writing by the Maker (or by anyone or more of the Maker if more than one) up to but not exceeding in the aggregate at anyone time outstanding an amount equal to the face amount of Four Hundred Sixry Thousand and 00/100 Dollars. This Promissory Note is not revolving in nature, i.e., after the Maker has received funds totaling $460,000.00, no additional funds will be advanced. Principal and Interest Payment Schedule. The Maker promises Gointly and severally if more than one) to pay accrued interest on the 15th. day of each month, commencing on October 15th. ,2000 and continuing through and including March 15th. ,2001. Thereafter, the Maker promises Gointly and severally if more than one) to pay to the order of the Bank the principal amount of this Promissory Note or so much thereof as may then be advanced and outstanding hereunder (the total of all such advances outstanding ar the time of determInation being herein called the "Principal Amount") over a period of 114 months in consecutive and equal installments of principal and interest in the amount of $4.405.01 each, payable on the 15th. day of each month in each year, commencing on the 15th. day of April ,2001. A fInal installment in the amount of the unpaid balance of the Principal Amount together with accrued and unpaid interest thereon shal! be due and payable on the 15th -day of September,20l0. Interest Rate Schedule. The per annum rate of interest on the Principal Amount of this Promissory Note from the date hereof until the maturity of this Promissory Note (whether by acceleration, declaration, extension or otherwise) is 9.25%. If all or any portion of the Principal Amount is paid prior to its scheduled maturiry, the Maker shall pay a prepayment fee to the holder of this Promissory Note. The prepayment fee shall be due and payable in connection with all of such payments, from whatever source, including, but not limited to, payments made at the voluntary election of any Other Obligor (as hereinafter defined), payments made as a result of the acceleration of this Promissory Note by the holder of this Promissory Note or payments made as a result of casualry to or the condemnation or sale of any collateral securing the repayment of this Promissory Note. The prepayment fee shall be calculated by discounting to present value, as of the date of the prepayment, the remaining payments of principal and interest on this Promissory Note being prepaid, using a discount rate equal to two percent (2%) above the yield to maturiry of the non-callable debt obligation of the United States Treasury having a maturiry date nearest in time to the maturiry date of the portion of the Principal Amount being prepaid. If such discounted value exceeds the unpaid Principal Amount being prepaid, then the prepayment fee shall be an amount equal to such excess, but in no event less than one percent (1 %) of the amount being prepaid. If the discounted value does not exceed the unpaid Principal Amount being prepaid, the prepayment fee shall be equal to one percent (l %) of the amount being prepaid. The maturiry date and yield to maturiry of the applicable United States Treasury obligation shall be determined on the basis of quotations published in "The Wall Street Journal" on the date of prepayment or from such other source as the holder of this Promissory Note, in its sole discretion, shall deem appropriate. Late Charge. If the Maker fails to make any payment of the Principal Amount or of interest thereon within fifteen (15) days of the date due and payable, the Maker shall pay to the Bank on demand a late charge equal to fIve percent (5%) of the amount of any such payment. - ..~..----_:"""'_..~'- Additional Provisions. Interest on this Promissory Note shall be calculated on the basis of a 360 day year applied to the actual number of days the Principal . Amount, or any portion thereof, is outstanding. After maturity of this Promissory Note (whether by acceleration,' declaration, extension or otherwise), the unpaid balance of the Principal Amo~t outstan~in~ on the date of ma~ty plus accrued and unpaid interest earned to maturity shall bear interest at a per annum rate of mterest which IS equa1to the rate of mterest on the Principal Amount of this Promissory Note until maturity, as provided above, plus 2 % per annum. Application of Payments. All payments made pursuant to this Promissory Note shall be applied first to accrued and unpaid interest, then to unpaid expenses and charges payable hereunder, and then to principal, or in such other order or proportion as the holder, in the holder's sole discretion, may elect from time to time. Year 2000 Issues. Maker represents, warrants and covenants that, (a) based on a comprehensive review and assessment of its systems and equipment and those of its material suppliers, vendors and customers, the Maker reasonably believes that Year 2000 Issues (hereinafter dermed) including costs of remediation, could not be expected to result in a material adverse change in the financial condition of the Maker or any Other Obligor from that expressed in the financial statements most recently submitted to the Bank prior to the date hereof; (b) the Maker and any Other Obligor have developed plans for responding to Year 2000 Issues and the implementation of such plans, including testing, are on schedule in all material respects; (c) Maker and any Other Obligor have developed feasible contingency plans to insure uninterrupted and unimpaired business operation in the event of fallure of their own systems or equipment or those of their material suppliers, vendors or customers due to Year 2000 Issues; and (d) the Maker and any Other Obligor shall provide the Bank with any further assurances as to resolution of Year 2000 Issues requested by the Bank. The tenn "Year 2000 Issues" shall include, but not be limited to, the inability of computers and computer software, as well as embedded microchips in non-computing devices, to perform properly, including performance of date-sensitive functions with respect to certain dates prior to and after December 31, 1999. Confession of Judgment. The Maker authorizes any attorney admitted to practice before any court of record in the United States to appear on behalf of the Maker in any court in one or more proceedings, or before any clerk thereof or prothonotary or other court official, and to appear for, confess judgment and enter judgment against the Maker at any time, whether before or after the occurrence of any default hereunder, witb or without averment of default, with or without complaint filed, and without prior notice to or opportunity of Maker for prior hearing, in favor of the holder of this Promissory Note in the full amount of the indebtedness evidenced by this Promissory Note (including principal, accrued interest and any and all charges, fees and expenses) plus court costs, plus attorneys' fees equal to fifteen percent (15%) of the unpaid balance of principal, interest, charges, and other sums due or which may become due hereunder, with release of all errors and without right of appeal. In addition to all other courts in which judgment may be confessed against Maker upon this Promissory Note, Maker agrees that venue and jurisdiction shall be proper in the courts of any county or city of the Commonwealth of Pennsylvania or in the United States District Court for the Middle District of Pennsylvania. Maker waives the henefit of any and every statute, ordinance, or rule of court, whether now in force or hereinafter enacted, which may be Iawfu1ly waived conferring upon Maker any right or privilege of exemption, homestead rights, appraisement, stay of execution or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceeding on a judgment. (To the extent prohihited hy applicable law, any judgment ohtained hy confession shall not constitute a lien on any real property located in Pennsylvania which is the residence of any Maker.) The authority and power to appear for and enter judgment against Maker shall not he exhausted hy one or more exercises thereof, or hy any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or difference jurisdictions, as often as the holder shall deem necessary or advisable. MAKER HEREBY ACKNOWLEDGES THAT THE CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT AND WAIVE CERTAIN LEGAL RIGHTS OF MAKER HAVE BEEN READ, UNDERSTOOD AND VOLUNTARILY AGREED TO BY MAKER. .~ ~ " :,-1 'J, ~,:' ~,,' " Security. Sums due under this Promissory Note are secured by, and the Maker grants to the Bank a security interest in, all deposits and property of the Maker now or at any time hereafter in the possession of or on deposit with the Bank whether as custodian or depository or in any other capacity. In addition, this Promissory Note is secured by any property descnl>ed as collateral in any security agreement, mortgage, deed of trust, pledge agreement or other document previously 1 simultaneously, or hereafter entered into by the Maker in connection with any obligation or liability of the Maker to the Bank or any corporate affiliate of the Bank. Default. Any of the following will be a default under this Promissory Note: (a) failure to pay any principal, expense, fee, charge or interest when due, or failure to perfOJIIJ. any other obligations hereunder; (b) a default by any Maker upon any of the existing or future obligations of any Maker to the Bank; (c)a default by any guarantor or other person that is now or hereafter liable upon or in connection with any of the obligations of any Maker to the Bank or that has granted any lien or security interest to or for the benefit of the Bank to secure any of the obligations of any Maker to the Bank ("Other Obligor"), upon any of the existing or future obligations of any Other Obligor to the Bank; (d) a default in any other agreement, instrument or document between any Maker or Other Obligor and the Bank or any corporate affiliate of Bank, including, without limitation, any security document referred to above, whether previously, simultaneously, or hereafter entered into; (e) a material adverse change in the financial condition of any Maker or Other Obligor from that expressed in the fmancial statement most recently submitted to the Bank prior to the date of this Promissory Note, as detennined in good faith by the Bank in its sole discretion; (t) institution of bankruptcy, insolvency, reorganization or receivership proceedings by or against any Maker or Other Obligor in any state or federal court; (g) the appoinnnent of a receiver, assignee, custodian, trustee or sirnilarofficial under any federal or state insolvency or creditors' rights law for any property of any Maker or Other Obligor; (h) failure of any Maker or Other Obligor to furnish to the Bank such collateral or additional collateral as the Bank may in good faith request; (i) any warranty, representation, or statement to the Bank by or on behalf of any Maker or Other Obligor proving to have been incorrect in any material respect when made or furnished; (j) the occurrence of any event which is, or would be with the passage of time or the giving of notice or both, a default under any indebtedness of any Maker or Other Obligor to any person other than the Bank; (k) any material loss, theft or substantial damage, not fully insured for the benefit of the Bank, to any of the assets of any Maker or Other Obligor, or the sale, transfer, lease, encumbrance or other disposition of all or any material part of the assets of any Maker or Other Obligor other than in the ordinary course of business of the Maker or Other Obligor; (I) the entry of any fmal judgment against any Maker or Other Obligor for the payment of money in excess of $5,000; (m) the levy upon or attachment of any assets of any Maker or Other Obligor; (n) the recordation of any federal, state or local tax lien against any Maker or Other Obligor; (0) a change of ownership or dissolution, merger, consolidation, liquidation or reorganization of any Maker or Other Obligor which is a corporation, partnership or other legal entity; (P) the death of any Maker or Other Obligor who is a natural person; (q) the failure of any Maker or Other Obligor to furnish to the Bank such financial information as the Bank may require from time to time; or (r) the determination in good faith by the Bank, in its sole discretion, that the ability of any Maker or Other Obligor to payor perform any of their respective obligations to the Bank is impaired for any reason. Remedies. Upon a default, in addition to all other rights and remedies available to the holder of this Promissory Note under any other document or agreement between the Maker and the Bank or under applicable law, the holder of this Promissory Note, in the holder's sole discretion and without notice or demand, may declare the entire unpaid principal balance plus accrued interest and all other sums due hereunder immediately due and payable. The Maker agrees that a default under this Promissory Note is a default by the Maker under all other liabilities and obligations of the Maker to the holder, and that the holder shall have the right to declare immediately due and payable all of such other liabilities and obligations. Interest Rate After Judgment. If judgment is entered against the Maker on this Promissory Note, the amount of the judgment entered (which may include principal, interest, charges, fees, and expenses) shall bear interest at the higher of the above-described default interest rate as detennined on the date of the entry of the judgment, or the legal rate of interest then applicable to judgments in the jurisdiction in which judgment was entered. :J;,:__ , :' I, , I "" ,~~r.Mi'!: , Expenses of Collection. The Maker sha1l pay all costs and expenses incurred by the Bank in collection sums due under this Promissory Note, including without limitation the costs of any lien, judgment or other record searches, appraisals, travel expenses and the like. In addition, if this Promissory Note is referred to an attorney for collection, whether or not judgment has been confessed or suit has been filed, the Maker sha1l pay all of the holder's costs, fees (including, but not limited to, the holder's attorneys' fees, charges and expenses) and all other expenses resulting from such referral. Negotiable Instrwnents. The Maker agrees that this Promissory Note shall be deemed to be a negotiable instrwnent, even though this Promissory Note may not qualify under applicable law, absent this paragraph, as a negotiable instrument. Waivers. The Maker, and all parties to this Promissory Note, whether maker, indorser, or guarantor, waive presentment, demand, notice of dishonor and protest. Extensions of Maturity. All parties to this Promissory Note, whether maker, indorser, or guarantor, agree that the maturity of this Promissory Note, or any payment due hereunder, may be extended at any time or from time to time by the Bank without releasing, discharging, or affecting the liability of such party. Notices. Any notice or demand required or pennitted by or in connection with this Promissory Note, without implying the obligation to provide any notice or demand, sha1l be in writing at the address set forth below or to such other address as may be hereafter specified by written notice to the Bank by the Maker. Any such notice or demand shall be deemed to be effective as of the date of hand delivery or facsimile transmission, one (1) day after dispatch if sent by telegraph, mailgram, or overnight delivery, express mail or federal express, or three (3) days after mailing if sent by first class mail with postage prepaid. Assignability . This Promissory Note may be assigned by the Bank or any holder at any time. Joint and Several Liability. If more than one person or entity is executing this Promissory Note as Maker, all liabilities under this Promissory Note shall be joint and several with respect to each of such persons or entities. Binding Nature. This Promissory Note shall inure to the benefit of and be enforceable by the Bank and the Bank's successors and assigns and any other person to whom the Bank may grant an interest in the Maker's obligations to the Bank, and shall be binding and enforceable against the Maker and the Maker's personal representatives, successors and assigns. Invalidity of any Part. If any provisions or part of any provision of this Promissory Note shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Promissory Note, and .this Promissory Note shall be construed as if such invalid, illegal or unenforceable provision or part thereof had never been contamed herein, but only to the extent of its invalidity, illegality or unenforceability. ",~liIlWi<I , " . ~l " i, l I~~ "...... ',< V' -~'~~~~"! Maximum Rate of Interest; Commercial Loan. Notwithstanding any provision of this Promissory Note to the contrary, the Maker shaI1 not be obligated to pay interest hereunder in excess of the maximum rate of interest permitted by the laws of any state detennined to govern this Promissory Note or the laws of the United States applicable to loans in such state. If any provision of this PromissOry Note shaI1 ever be construed to require the payment of any amount of interest in excess of that permitted by applicable law, then the interest to be paid hereunder shall be held subject to reduction to the amount allowed under applicable law, and any sums paid in excess of the interest rate allowed by law shaI1 be applied in reduction of the principal balance outstanding under this Promissory Note. The Maker acknowledges that it has been contemplated at all times by the Maker that the laws of the Commonwealth of Pennsylvania will govern the maximum rate of interest that it is permissible for the holder of this Promissory Note to charge the Maker under this Promissory Note. The Maker warrants that this Promissory Note evidences a loan made solely to acquire or carry on a business or commercial enterprise. Choice of Law; Consent to Venue and Jurisdiction. This Promissory Note shaI1 be governed, construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, even if the Pennsylvania rules governing conflicts of laws would otherwise require that the laws of another jurisdiction govern this Promissory Note. The Maker consents to the jurisdiction and venue of the courts of any county or city in the Commonwealth of Pennsylvania and to the jurisdiction and venue of the United States District Court for the Middle District of Pennsylvania in any action or judicial proceeding brought to enforce, construe or interpret this Promissory Note. Unconditional Obligations. The Maker's obligations under this Promissory Note shall be the absolute and unconditional duties and obligations of the Maker and shall be independent of any rights of set-off, recoupment or counterclaim which the Maker might otherwise have against the holder of this Promissory Note, and the Maker shall pay absolutely the payments of principal, interest, fees, charges and expenses required hereunder, free of any deductions and without abatement, diminution or set-off. Actions Against Banle Any action brought by the Maker against the Bank which is based, directly or indirectly, or in whole or in part, upon this Promissory Note or any matter related to this Promissory Note shall be brought only in the courts of the Commonwealth of Pennsylvania. WAIVER OF JURY TRIAL. THE MAKER (BY EXECUTION OF THIS PROMISSORY NOTE) AND THE BANK (BY ACCEPTANCE OF THIS PROMISSORY NOTE) AGREE THAT ANY SUIT, ACTION, OR PROCEEDING, WBETIIER CLAIM OR COUNTERCLAIM, BROUGHT OR INSTITUTED BY THE MAKER OR THE BANK ON OR WITH RESPECT TO THIS PROMISSORY NOTE OR WHICH IN ANY WAY RELATES, DIRECTLY OR INDIRECTLY, TO THE OBLIGATIONS OF THE MAKER TO THE BANK UNDER THIS PROMISSORY NOTE, OR THE DEALINGS OF THE PARTIES WITH RESPECT THERETO, SHALL BE TRIED ONLY BY A COURT AND NOT BY A JURY. THE MAKER AND THE BANK HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION, OR PROCEEDING. THE MAKER AND THE BANK ACKNOWLEDGE AND AGREE THAT THIS PROVISION IS A SPECIFlC AND MATERIAL ASPECT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT THE BANK WOULD NOT ENTER INTO THE TRANSACTION WITH THE MAKER IF THIS PROVISION WERE NOT A PART OF THEIR AGREEMENT. The signature(s) and seal(s) of the Maker are subscribed to this Promissory Note the day and year written above. WITNESS! A TIEST: ~\ ~i:"~9~ ,,'<'\,...J BY~ -'<'<'">~ ~M.) Victor D. Macomber ~\ C\->~ 0 J @. ~C:-()\J ~rr- By: I~t-(d:{d! v!;b~C'lj/J~~) Wanda W. Macomber .~'~ '. ~ ~ J. r _..J , ":~ I --~>:' , ^ - 'k' ~, 'Jraill!H';" .:- .- :..., - COMMERCIAL PROMISSORY NOTE MODIFICATION AGREEMENT AND DECLARATION OF NO SET-OFF THIS AGREEMENT, made this I zilt day of ;:JUl' / ,2001, by and between VICTOR D. MACOMBER and WANDA W. MACO~intly and severally (the "Sorrower") and ALLFIRST BANK, a Maryland state-chartered commercial bank (the "Sank") to modify the Commercial Promissory Note dated September 7, 2000, given in connection with that certain Mortgage also dated September 7, 2000 (the "Mortgage") to secure payment of an original principal indebtedness of Four Hundred Sixty Thousand Dollars ($460,000), said Mortgage having been recorded in the Office of the Recorder of Deeds of Cumberland County, as a lien on real estate located at 704 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania (the "Mortgaged Property"), WITNESSETH: WHEREAS, on September 7,2000, Borrower made, executed and delivered to Bank a Commercial Promissory Note in the principal amount of Four Hundred Sixty Thousand Dollars ($460,000) (the "Note"), which Note is incorporated herein by reference thereto and made a part hereof; and WHEREAS, Borrower is indebted to Bank under the Note for monies advanced and required to be advanced to or on behalf of Borrower by Bank under and subject to the terms of the Note and related documents and instruments (the "Related Documents"); and WHEREAS, the parties hereto have agreed to amend certain repayment terms of the Note; and WHEREAS, Borrower has no defense, charge, defalcation, counterclaim, plea, demand or set-off against the Note or any of the Related Documents, and acknowledges and agrees that said Mortgage is now and shall remain as a valid lien on the Mortgaged Property; and WHEREAS, the parties hereto desire to formalize their agreement for this modification and amendment of Note and Mortgage. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows: 1, That the introductory clauses set forth above are incorporated herein by reference and made a part hereof. .~-"~". 'liIillt~" .~~~ 1-- i ;-1, " " ,- J"--, ~"J -U'D<tl 2. That the Note be and hereby is amended to substitute "June 7, 2001" for "March 7, 2001" appearing therein as the last day of the Advance Period and to substitute "June is, 2001" for "March 15, 2001" appearing therein as the last day on which interest only payments will be due and payable and to substitute "July is, 2001" for "April is, 2001" appearing therein as the first day on which 111 consecutive equal installments of principal and interest will be due and payable. The monthly installments of principal and interest will be based on a 231-month amortization. The final payment in the amount of the entire unpaid principal balance and all accrued and unpaid interest will still be due and payable on September is, 2010. 3. That the Note is secured, among ether things, by said Mortgage. 4. That it is understood and agreed by the parties hereto that this Agreement does not constitute the creation of a new debt or the extinguishment of the debt evidenced by the Note and Mortgage, nor does it in any way affect or impair the lien of the Mortgage, which the parties hereby acknowledge to be a valid and subsisting lien on the Mortgaged Property, or any additional and other security provided by Borrower to Bank, and the lien of said Mortgage, as well as any such additional and other security, is agreed to have continued force and effect from the date thereof, unaffected and unimpaired by this Agreement, and the same shall so continue until fully satisfied. 5. That in all other respects, the Note and Mortgage shall remain in full force and effect, and without limiting the generality of the foregoing, all remedies and warrants of attorney therein are ratitied and confirmed and incorporated herein by reference. 6. That any and all references to the Commercial Promissory Note dated September 7, 2000, in writings of the same or subsequent date shali be deemed to be or to have been made and to refer to the Commercial Promissory Note dated September 7,2000, as amended and modified from time to time. - -2- --+ ---~..~ _'L', IN WITNESS WHEREOF, this Modification Agreement has been duly executed as of the day and year first above written. WITNESS: ;;'pJgfftJf ~L ~ __ ~?Uc,L I / ~~_~~(SEAL) ctor D. acomber. .1tf2tL~~/m~~(SEAL) Wanda W. Macomber "Borrower" ALLFIRST BANK By: S4~^=~ Title: \, l-/-~ ,-...... '"Bank" - 3- " " ~'""kk~~{ . ....-.- <_' ~~"d , - ,-;: I~' ";:-', - ,-, ,1 ~""'~' ~.~~ . I COMMONWEALTH OF PENNSYLVANIA COUNTY OF el{I1JS~~t"".~p 55. , I hereby certify, that on this IaZ. day of ~.p1? I!... , 2001, before me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania aforesaid, personally appeared Victor D. Macomber and Wanda W. Macomber, known to me or satisfactorily prov~n to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~.~^//1-f ~~ce ..... Notary Public,____~_..__ .._________. I R;;3~ An1 ~.~t1~!!..~~~~:;:i'} ~~L:t:ic i I Le;-,;:;./;~8 8c;,,0, Ct.:m;;gr1and ':;}:';;-:::-i I ':-A~' Gt;n,missrcn E:,;pims OCt. 25, 2Q03 l ~fi!_,:<:D':7i, c ':~r. .:;I,I~:e:;ia ..).s,3cr;:o_~;c ~ .:f ~':0T20~e3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF 58. On this, the day of , 2001, before me, the undersigned officer, personally appeared , who acknowledged (her) himself to be of ALLFIRST BANK. and that (s)he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the organization by (her)himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public - 4- ~' { .. ALLFIRST BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW vs. VICTOR D. MACOMBER and WANDA W. MACOMBER, his wife, Individually and Jointly, Defendants : No. C>1-.JOFt <ZLO;.l~ PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Marc A. Hess, Esquire of the fIrm of Henry & Beaver LLP, whose address is 937 Willow Street, Lebanon, Pennsylvania 17046 as attorney for AllfIrst Bank the Plaintiff in the above-captioned matter. Dated: /l!1CU6' If, 2001 BliiJiir' .'." '-'1",..;-, '-'ilit-g, '~G-" ,< ~~' ';~';"d";";j";'r1~iIi~lIi!i~~""~i " ~, ",." '- ,~ '""'.' , ,,~>" ' ".L .c_< ~' .~ .,. , (') CJ C <:: ,-,,',. -r)i~' :~'':: '. rnrr Z:X' 7.",\ ~~" '" C) r::: C '<:7 0] "- _1..: 'J> Co ~--", Z c:.' C; r,' > C '":'.~ 2: ~ =< f0 ,~,^, ! ", ~, ~." ~~ ." ,~, .- ,^,_,~I, '.' ''',,~.< -," v1'c ,'~, ,,,".k',I~>,<" ' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mrs. Wanda W. Macomber 3452 Lisbum Road Mechanicsburg, PA 17055 ALLFlRST BANK, ''''':c..', C--f";'; Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. VICTOR D. MACOMBER and WANDA W. MACOMBER, his wife, Individually and Jointly, Defendants : No. 01 - .36Ft NOTICE 0o~CT~ Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on m~r ;J I Principal Sum Due - Interest to 5/18/01 - Late Fees - Attorney's Fees (15% of principal, interest and charges)- Total - ,2001 in the amount of: $ 431,058.28 7,075.97 220.25 65,753.18 $ 504,107.68 Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full, charges, fees, expenses and court costs. Copies of all documents filed are attached hereto. C,.--fv ) K- 4 Prothonotary II - ,- '~'i:~:;-j OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA TO: Mr. Victor D. Macomber 3452 Lisbum Road Mechanicsburg, P A 17055 ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff vs. (!:K>~L ~ VICTOR D. MACOMBER and WANDA W. MACOMBER, his wife, Individually and Jointly, Defendants : No. 01 - .?6Ft NOTICE Pursuant to Pa.R.C.P, Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on fY/';Jy .J. I Principal Sum Due - Interest to 5/18/0 I - Late Fees - Attorney's Fees (15% of principal, interest and charges)- Total- ,2001 in the amount of: $ 431,058.28 . 7,075.97 i 220.25 65.753.18 $ 504,107.68. Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full, charges, fees, expenses and court costs. Copies of all documents filed are attached hereto. ~.,-/;;;)~ ~ Prothonotary II ~t'J ,,"',;, ~ ".1;].0'.:.',;,,-, '.,.-' "iIi{' _:;">~-,.,,:,~.~~. J~2r~~B)[Jm"",_w ~,l~"~,,_ _.e'~_'_"'~"""',_I!PI~-!_,_ ,"'i>?" ".""'''_ ',. ~o~_,_'_f__c~' 11"'" '0' --,' ,'~'~,1'" ""';-,,,Y,"W,'1 ~_~", _~ _ "r"'_--_~___ .".",_, ,,"~,J "_,"'> /_,,, ~, ~_<~_ , ,,",,_ ' ""^,' , "' "-"~,,>-'!T,__c h ~~_ . -")1 [I -""'->"-"'" >d.<i"_"" , , - i , I LL -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FLEET MORTGAGE CORPORATION, F/KIA FLEET REAL ESTATE FUNDING CORPORATION No.: 01-3089-CNIL VS. WILLIAM H. DEVORE, JR. DONNA M. DEVORE 199 RIDGE HILL ROAD MECHANICSBURG, P A 17055 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on JULY 11, 2001 vacated upon payment of your costs only. ~AMili1_ iJdMA1~_ Fr Federman, EsqUIre Attorney for Plaintiff July 26,2001 -, ,,- --"-'""'~IiIl:!l1lI!Ii~,~' ~tffi:~~l!t~i~Jil:iH&1!h":%i'im;~ir\tl,ect:;;l.~JlM,,""-"~;"'))Y""')'f""-!:"'-'-""'dkNiJbP"J"':_.I,,,,,,,jjJ:,_~""r#.,;;'_',"''t~,mii~milill!f~M~~Z ..J.~-li!'UII ~ ~ (J-tQ. t~d '- D ~ -v ~ ~ ~~ J: ~';""">." 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