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HomeMy WebLinkAbout01-03708 , . \ -, ~ " '-" -''''~...~''^.- PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 01-3708 CNIL TERM MIKE BOYER T/A MIKE BOYERS AUTO : CONFESSION OF JUDGMENT REPAIR, Defendant : CNIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (I) (2) (3) directed to the sheriff of Dauphin County; against Mike Boyer t/a Mike Boyers Auto Repair, 2702 Elm Street, Harrisburg, Pennsylvania 17103-1922 and 28th Street, Pennbrook, Pennsylvania 17031, Defendant; and against N/A , garnishee; (4) and index this writ (a) against Mike Boyer t/a Mike Boyers Auto Repair, 2702 Elm Street, Harrisburg, Pennsylvania 17103-1922 and 28th Street, Pennbrook, Pennsylvania 17031, Defendant; and (b) N/A , as garnishee against and levy upon and attach as required the following: (a) Any and all personal property located at the addresses of the Defendant at 2702 Elm Street, Harrisburg, Pennsylvania 17103-1933 and 28th Street, Pennbrook, Pennsylvania 17031, (5) I certify that Amount due: Interest from June 14, 2001 Attorneys fees Costs $13,482,80 (to be added) (to be added) (to be added) Certification . ,j," "," ~," . ~,- - J..,,,-, ".,' '-~"-lliw.;.0j,! '-..,';". (a) This praecipe is based upon ajudgment entered by confession; and (b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3 Date: ~!'/cJl By ad M. Ledebohm, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff i4~~~!lilffill:RH*;""i\ii'&"""_&.''l1~Wii.",'f~G;~-d';::~~~'''-~Jid'~i''{"",",!"-.,;o;w,!+.,h';i!$'\h4;"J"'J!<14',j,'!i_~j;~"~i<ll!i.~~~Jliililliliwiil!iiM~~ r " -. .,! I! , . f::J ~ ~ 1" ~ N 'Ix>. f.t- 1:. :,", , ~ ~ n d 8 0 8 . tv 2 0 0 0 "- () c C) ..{) s:: 0,>1:) ...... 0 "'" lI) 'v r , I "m '.- . ~.. t [; mfTl G) , i 1 ;_~~;f ..... ~ ~:rd 0 " ~ wC I q1"'T: , " ~~;.' N "r:~O 6' , kC) ~;~ ~O -0 " ~ ::r ~ )>0 " Y? On1 - C ~ w ~ S'J '"" .Z:- -< "_~'._"'''',' ,~l,~"O~1N-_~, ,""'"",. "" ~_'H ,...__~_,,-_,""'f5:'J..,,P.,-,';"_~;(!" __,'?',.:<j_.,.,....,.,. ~ ,,~, '" ",", ,~~, ;~__,","" "','.,'__._,~. _ ',"__,,", c ,_> ' " , . ",' ,o_,,,_~__ .' """ ~ "';,, ---*", ":'" '~'" J, "L- ," 1-" , '. _,t&i! . PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3708 CIVIL TERM MIKE BOYER TIA MIKE BOYERS AUTO : CONFESSION OF JUDGMENT REPAIR, v, Defendant : CIVIL ACTION - LAW NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: Mike Boyer t/a Mike Boyers Auto Repair A judgment in the amount of $13,482.80 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE -d_ , ~, , -', ~ '-'c ,o__,._-,~~- , 'k', . . OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, SAlDIS, SHUFF, FLOWER & LINDSAY Dol' '1J N~ I By arl . Ledeoohm, Esquire Supreme Court ID# 59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff "", '> ,_c -;~'''''- ,~, -'.~~"'''' _, !iiljL; l1!!!:il~1j'JiMitfl1M.Bi,i.\Thjj,l;~lf"~*'-m_'of;1~dilll''''~_<J,~!M!fhi..t!l2-'',,,"-':<)'' '.\-"n;'1.I'" "":;'1:-'li"-.''-''''"!+Hr>-:l~&'':~'~~-i'-1El%(0~;il~~~~~~'>::~~~!li~1iIl\iil- ~'~ ~" 0 Cl r~ c: ,--j ~Tl s: J:>o -no:! c: mrn GJ I Z:;:' Z~ I -,--" L ~L:; f-....J ::.---')(::;:< :~ ;,:::0 -U ~O ~~~ (,.j~, 5>8 Y? ;~hl '-' z --,1 =< :...> 50 .1'"" -< ,_,"",:",__^,~~<c,"'O'~ c'C~" ._ ~_~ "".,"!: ",~~,,~,,_=~=,,__^ ",,""",'''""','~'' ,'''-'''"_,_, ~_.N,_,"~" 'C ^ . 'I I I I I I I I I I .. ~ I" .,"; ,- " i i..- - ~,."; _., , ',' "'j:_- -'"-J: '''''''''"''t"ri~lili~J1.Mih" , PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO, 01-3708 CIVIL TERM MIKE BOYER T/A MIKE BOYERS AUTO REPAIR, CONFESSION OF JUDGMENT Defendant CIVIL ACTION - LAW PETITION TO STRIKE JUDGMENT REQUESTFORPROMWTHEAmNG I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue, I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Date: Defendant "" ~~ J ,-' Jh . ,~ .' ~ ~'~M!'~*I",,- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-3708 CIVIL ~ TERM CIVIL ACTION - LAW - TO THE SHERIFF OF . Dauphin COUNTY: To satisfy fhe debt, interest and costs due PNC Bank, National Association PLAINTIFF(S) from Mike Boyer T/A Mike Boyers Auto Repair, 2702 Elm Street, Harrisburg, PA 17103-1922 and 28Th Street, Pennbrook, PA 17031 (1) DEFENDANT(S) You are directed to levy upon the property of the defendant(s) and to sell Any and all personal at 2702 Elm Street, Ha=isburg, PA prnp<>rt-y 1 r>",,-tP.O at the "<1<1rf'sses of the Defendant 17103-1933 and 28th Street, Pennbrook, PA 17031 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the accounf of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $13,482.80 Inferest fran June 14, 2001 L,L. $.50 $1.00 Atty's Comm Atty Paid Plaintiff Paid % Due Prothy Other Costs $17..00 Date: AlIgJlRt 2. 2001 Curtis R. Long Prothonotary, Civil Division --t>v. ~ 2. '?f~ r Deputy REOUESTING PARTY: Name Karl M. Ledebobm, Esq. Address: 2109 Market Street Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 717-761-1881 Supreme Court ID No, 59012 "",' -, ." ,'" <. , L '."- -"\t8!.~w, " c, ,',.'" ^'C PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO, 01 -.370? Oiu~l'-r~ MIKE BOYER T/AMIKEBOYERS AUTO REPAIR Defendant : 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 $ 9,245.79 Other authorized items: Interest to June 14,2001 $ 2,591.05 Late charges $ 462.28 Attorney's Commission $ 1.183.68 TOTAL $13,482.80 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Karl . Ledebobm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Date: <6 (,11 () 1 By: ~~__-~~------::7 " ~ ",;c, ,~ "'. " ,,;.I ~, ,~',,,,~ ". ;-- '<"'bl'H,,!,!~il&;> .', PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. v. MIKE BOYER T/A MIKE BOYERS AUTO REPAIR Defendant : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2, The name and last known address of the Defendant is 343 Herman Avenue, Lemoynb, Pennsylvania 17043 and 28th Street, Pennbrook, Pennsylvania 17031. 3. Defendant executed and delivered to Plaintiff a Promissory Note ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" a..'1d made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to P!aintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6, There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendant' s default is as follows: , . v ^ "tJ" -.....:' ,"", _ ." ~~ - ", '~_ ~,'_c. --~ "-~ii'Il\!li%1i~ " Principal $9,245.79 Interest to June 14,2001 $2,591.05 Late Charges $ 462.28 Attorney's Commission $1.183.68 TOTAL $13,482.80 9, Interest continues to accrue at the default rate provided in the Note and late charges continue to accrue for each overdue payment. WHEREFORE, Plaintiff demands judgment against Defendant, Mike Boyer 'Ja Mike Boyer Auto Repair, as authorized by the warrant of attorney contained in the Note for Thirteen Thousand Four Hundred Eighty Two and 80/100 Dollars ($13,482.80), plus interest from and including the date of this Complaint and judgment entered hereon at the default rate provided in the Note and costs of suit. Respectfully submitted, SAllIS, SHUFF, FLOWER & LINDSAY Date: i! I{ 101 By: I . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 'lJi '''-'-llllliIdtlflcJ.l~~lill Ii ;,;. ~ , -"" ,~ 1""- '10-)- l.('i:Y\!)''t PROMISSORY NOTE :;0> '571 t.J. Borrower: MIKE BOYER (SSN: 204-4;2-5179) dba: TIA MIKE BOYER'S AUTO REPAIR (TIN: 204625179) 123 B SUNSET AVENUE HARRISBURG, PA 17102 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 Principal Amount: $10,000.00 Initial Rate: 10.500% Date of Note: June 9, 1997 PROMISE TO PAY. MIKE BOYER ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawlul money 01 the United Slates 01 America, the principal amount 01 Ten Thousand & 00/100 Dollars (S10,OOO.00) or so much as may be outstanding, together With Interest on the unpaid outstanding principal balance 01 each advance. Interest shall be calculated Irom the date 01 each advance until repayment oleseh advance. PAYMENT. Borrower will pay this loan In accordance with the lollowlng payment schedule: Borrower will pay regular monthly payments 01 accrued Interest beginning on the IIrst day 01 the Billing Cycle etler the Initial advance, and all subsequent Interest payments are due on the same day of eech month after that. Borre"-/er will pay this loan In one payment 01 all outstanding principal plus all accrued Interest on the expiration Date. Borrower may borrow, repay and teborrow hereunder until Ute expiration Date, subject to the terms and conditions of this Note. The "expiration Dele" shall mean JUNE 9, 1998, or such later date as may be designated by written notice lrom Lender to Borrower but In no event etler the tenth anniversary 01 the date 01 this Note. Borrower acknowledges and agrees that In no event will Lender be under any obligation to extend or renew the loan or this Nota beyond the Initial expiration Date. In no event sIIeIllhe eggreg"'e unpeld principal amounl 01 edvances under this Note exceed Ihe lace amount ollhls Note. Borrower will pay Lender at Lender's eddress shown above or at such other place as Lender may designate in writing, Unless olherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any ramaining amount to any unpaid collection costs and iate charges. VARIABLE INTEREST RATE. The interest rate on this Note is SUbject to change from time to time based on changes in an independent index which is the highest Prime Rate as published in the "Money Rates" section of The Wall Street Journal (the "Inde"'), The Index Is not necessarily the lowest rate charged by Lender on its loans, If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the currant Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well, The interest rate change will not occur more often than each month, The Index for a Billing Cycle is determined on the first day of that cycie based on Ihe Index for the last day of the preceding calendar month which Is reported, Interest on this Note Is computed on the basis 01 a year of 366/365 days, by applying the ratio 01 the annual inlarest rate on the first day of the Billing Cycla over a year of 3661365 days to obtain a daily periodic rate, multiplied by the average dally balance during the Billing Cycle, muitiplied by the number of days in the Billing Cycle, Billing Cycle means the monthly interval between regular periodic statements. The Index currently Is 8.500% per annum. The InterestJale to be applied to the unpaid prlnclpal'belance 01 this Note will be at a rate 012.000 percentage points over the Index, resulting In an Initial rate 01 to.500% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law, PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than It is due, Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal batance due. cLATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% 01 the unpald portion 01 the regularly scheduled paymenl or S100.00, whichever Is less. DEFAULT. Borrower will be in defauit if any of the following happens: (a) Borrower fails 10 make any paymenl when due, (b) Borrower breaks any promise Borrower has made to Lender, or Borrower tails to comply with or to perform when due any other term. obligation, covenant, or condition conlained in this Note or any agreement related to this Note, or In any other agreement or loan Borrower has with Lender, (c) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is faise or misleading in any material respect either now or at the time made or furnished. (d) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's proparty, Borrower makes an assignment lor the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrowar under any bankruptcy or insolvency laws, (e) Any creditor tries to fake any of Borrowar's property on or In which Lender has a lien or security interest. This includas a garniShment of any of Borrowers accounts with Lender, (I) Any of Ihe events described in this defauit section occurs with respect to any guarantor of this Note. (g) A malarial adVerse change occurs in Borrower's financial condition, or Lender baliaves the prospect of payment or perlormance 01 the indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declara the entire unpaid principal balance on this Nole and all accruad unpaid interesl immediately due, and Ihen Borrower will pay thai amount. Upon delauil, including falIure to pay upon final malurily, Lender,. at its option, may e1so, If permitted under applicable law, increase the variable inlarast rate on this Note to 7.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone alse to help collect this Note If Borrower does not pay. Borrower also will pay Lender that amount. This includes. subject to any limits under appilcable Iew, Lender's attorneys' fees and Lender's legel expenses whether or not there is a lawsuil, including attorneys' fees and legel expenses lor bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticlpeted post-judgment collection services. If not prohibited by epplicable law, Borrower also will pay any court costs, in addition to all other sums provided by'aw. If judgment is antered in connection with this Note, inlerast will conllnue to accrue on this Note after judgment at the interest rata applicable to this Note at the time judgment is entered., " there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction 01 the courts of CUMBERLAND County. Ihe Commonwealth of Pennsyivanla, Lander and Borrower hereby waive the right to any jury trial in any aClion, proceeding. or counterclaim brought by aither Lender or aorrower against Ihe other, This Note shall be governed by. conslrued and enforced in accordance with the laws of the Commonwealth of Pennsylvania. and. when appllcabla. tederallaw. RIGHT 'OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts With Lender (whether checking, savings, or some other account), including without limitation all accounts held, jointly with someone else and all accounts Borrower may open in the future, excluding however aJlIRA and Keogh accounts, and aU trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. fi L.INE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be (equested only in wrlting by Borrower or as I e:x~\'o"T "H'" " 06-09-1997 Loan No PROMISSORY NOTE (Continued) Page 2 ri ~ i ti i i provided- in this paragraph. AIr communications, instructions. or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The folloWing party _or parties are authorized as provided in this paragraph to request advances under the lilie of credit until Lender receives from Borrower at Lender's address shown above written notice of revocation of their authority: MIKE BOVER~ ,BorrQWer may obtain edvances from lime to lime by wrlllng checks In amounts of nolless lhan $100.00 or by using other mathods which Lendermaypermll and may continue 10 oblaln adVances .unHlthlSloan Is terminated. Lenller agrees 10 pay CheckS, so long as Ihey 110 not .,..the principal balance 10 exC88\l Ihe race amount Of this Nole, whICh ere daled, drawn and ISSued by Borrower on or prior 10 Ihe. ElqI,1t8llon Dale and reCeIved by Lendar on or prIOr 10 lhe ElqIlrallon Dale or wOhln five business rtays after the ExpIration Dale, excepl as. proYl!ledln !he next sentence. Lender hasnoollllllllUOn 10 !'lIY any check daled, drawn or 1S$Uad by Borrower or recetved by Lend., dunngMypenod when Lender Is not ollllgah!d lO,adV_.fundS under this Note. Borrower sglllllS 10 be liable for sllsums eIlher: (a) edvaneedIn 8llCbhdllnce With the instructions of an authoriZed pelSon or (b) credited to any of Borrower's accounts with Lender. The unpaid principai blllance oWing on this Note at any time may be evidenced by endorsemants on lhis Note or by Lender's internal records, including dally computer print-outs. . Lender will heve no obligation to advance funds under lhis Note If: (arBorrower or any guaranlor is in defaun under Ihe terms of this Nole or any agreement that Borrower or any guaranlor has with Lender, including any agreement made in connection with the signing of Ihis Note: (b) BorroWer or any guarantor ceases doing bUSineSS or is insolvent; (c) any guaranlor seeks, claims or otherwise attempts 10 limn, modily or revoke such guarantor's guararitee of this Note or any other loen with Lender; or (d) Borrower has appUed funds provided pursuant to Ihis Note for purposes other than those euthoriZed by Lender. FEES. If appUcable, at closing, Borrower will pay to Lender a fee in the amount of up to two percent (2%) of Ihe maximum principal amount of this Note, An annual renewal fee in the amount of up 10 two percent (2%) of Ihe maximum principal amount of this Note may also be charged If this Note is renewed beyond Ihe current Expiration Date in Lender's discretion, FINANCIAL INFORMATION PROVISION. Borrower aglllllS 10 deliver any finanoiai and other business information concerning Borrower that Lender may requesl from time 10 time, such as annual and interim financial slatements (all of which shall be prepared in accordance with genarally accepted accounting principles) and federal income tax returns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrowar and any other pelSon who signs, guarantaes or endorses this Note, to the extent allowed by law, waive presentment, demand for paymant,protest and notice of diShonor. Upon any Chenge in lhe lerms of Ihls Nole, and unless otherwise expressly steted In writing, no party who signslhis Note, whether as maker, guaranlor, accommodation makar or endorser, shall. be released from Uabillty. All such parties agree that Lender may renew or extend .(repeatedly and for any length of time) thts loan, or release any party or guarantor or collateral; or impair, fail to realiZe upon or parfeCt Lander's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone, All such parties also agrae that Lender may modify Ihis loen without the consent of or notice to anyone other than Ihe party with whom the modification is made. If any porlion of this Notels for any reason determined 10 be unenforceable, If will not affect the enforceability of any other provisions of this Note, CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFADAVITSHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL, PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. ~- Variable F=late. Line of Credit. LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.23(0)1997 OFl ProServlces, Inc. All rights reserved. (PA-020 LP117470.LNG21.0VLj . " ",}l , ~~~ 1il!II~~~1~~Fi:W!!i;'~1%_~~~iJ!~t"1<'i'!j1'%i\""'\';-;i#"~i:9f,"":'i'-- iJ<,'1(i,?,.,.(,t'<'~ii;'i";:"",,':F:';'M"~,W,UP'i;>--I,"!''''';:>'fi!%;t;[N_f.'p~,'nil'f!;:;'1;r~]\\"'~;~~.il!j '" ~ . ~_. " I, ~.""~ -,~~ ~ltJ~lWii' JAMESD. FLOWER )O'HN E. SUKE ROBERT C. SAJDIS GEOFFREY S. SHUFF lAMES D. FLOWER, JR. CAROL). UNDSAY )O'HNNAJ. KOPECKY KARL M. LEDEBO'HM JOSEPH 1. HITCHINGS THO'MAS E. FLOWER LAWOFFICFS SAlDIS, SHUFF, FLOWER & LINDSAY A PRO'FESSIO'NAL cO'RPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMlLE: (717) 737-3407 EMAIL: attomey@ssfl-Iaw.com www.ssfl-Iaw.com CARliSLE O'FFICE: 26 W. HIGH STREET CARLISLE, FA 17013 TELEPHONE: (717)24.~-6222 FACSIMlLE: (717)243-6486 REPLY TO' CAMP HILL May 29,2001 VIA CERTIFIED AND REGULAR MAIL Mike Boyer t/a Mike Boyers Auto Repair 343 Herman Avenue Lemoyne, P A 17043 Mike Boyer tla Mike Boyers Auto Repair 123 B Sunset Avenue Harrisburg, P A 171 02 Mike Boyer tla Mike Boyers Auto Repair 28th Street Pennbrook, P A 17031 Mike Boyer t/a Mike Boyers Auto Repair 2702 Elm Street Harrisburg,PA 17103-1933 RE: PNC Bank, National Association ("PNC") Account No. 006334190 Dear Mr. Boyer: PNC has referred the above-referenced account to our firm for collection, Your obligations under the Promissory Note dated June 9, 1997 in the original principal amount of $10,000.00 (the "Note") are in default for, inter alia, your failure to make payment as required under the Note and the Note having matured on June 9, 1998. Therefore, PNC hereby demands the immediate payment of all amounts due under the Note, The amount due under the Note as of May 23, 2001 is $11,778.32 calculated as follows: 1. Principal $9,245.79 3, Total due to PNC as of May 23,2001 $2.532.53 $11,778.32 2. Interest as of May 23, 2001 E><.'.I',\;);+ lIB1/ -' < - , ," ~, ._J "' 'Wl~"li-' 4. Per diem interest accrual $2.66 Please make payment of the $11,778.32 to our office immediately. Checks must be in III form of a cashiers or certified check made payable to the law firm of Saidis, Shuff, Flower & Lindsay. Upon receipt of payment we wiD remit payment to PNC and instruct PNC to close the above-referenced account. Unless payment in the amount of $11,778.32 plus additional interest to the date payment is received in our office is delivered to our firm within ten (10) days of the date hereof, PNC has instructed our firm to pursue any and ail of its rights and remedies against you under the Note and any corresponding loan documents and at law and in equity without further notice. In addition to the other rights and remedies available to PNC under the Note and at law or in equity, PNC hereby exercises its rights under the Note to increase the applicable interest rate from the current rate of2 percentage points over the index set forth in the Note being the highest prime rate as published in the money rate section of the Wall Street Journal (the "Index") to 7 percentage points over the Index effective immediately. PNC looks forward to receipt of the $11,778.32 in the immediate future. Very truly yours, KML/tmh cc: Anura Unger R & LINDSAY , . .J ,; - ~ - - , ,-"' ~" '.~~.:>1....)jic 71 77373407 SA I D I S SHUFF r1ASLAt,1D 788 P04 MAY 30 '01 12:18 PNC BANK, NATIONAL ASSOCIA nON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, MIKE BOYER T/A MIKE BOYERS AUTO REPAIR Defendwt CIVIL ACTION - LAW VERIFICATION I. Anura Unger, Assistant Vice President, for PNC Bank, National Association, being authorized to do so 011 behalf of PNC BaI1.k, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, 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: 6 (r;Y(d ( PNCI. By: ura Unger Assistant Vice Presiden ~:iiii!!j.~ri!l~~~;\,;i,:!fJ~,i%.ci.!~k!!;:j".;",;i,"Bl;'.b,'~~f;_''',~!;-,,~'t;fic!~j~,,,;(,":' <j.-,~',~;i"("",lf_;,t"^'-4~""'>L"d1L""lli:;~~~.~OOlilbill!~",jj,1~~<ll"'-;',,,;i..~ -,,,,,".~ ~- "--'d: ~Ir 1Ii!IK.. ....., i . t ~ ~ n co (cJ c: < ~ "T.J;-=c ,- ~ c:: fl nlh;, '~,- _C.; -1'1 0 -:7 '--. .~- ',...:. "'-- .~', -=-;::8 .... zc A us. ""--;~ t.n ----<./;', ; , ~~..~: ::,C::) ~ ;-, "- " :; ~,~ :::::l ~ ~ r ~..~ '":-() '- ~~~ fA; r:~) Z~5''>1 lr :z ---I C\ 0 -~ , -, f') :iJ M-- !] -<. .j..- -< t ~ ~ , -~, -~ ..,~," lw. ,a - h~." " -']-, , ~ , "--'-'''-', -1 ~" -ril~'" PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. OI-3?op Clu~l <--r~ MIKE BOYER T/A MIKE BOYERS AUTO REPAIR Defendant : 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, Pennsylvania 17011; and that the last known address of the Defendant, Mike Boyer t/a Mike Boyers Auto Repair, is 343 Herman Avenue, Lemoyne, Pennsylvania 17043 and 28th Street, Pennbrook, Pennsylvania 17031. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: 6( V(cJ' By: arl M. L~debohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 , :ji~~llliillii!ffiM&l~Jkili",<Jli!.'&i!8<~li.'t;;''1iM',li',:liii.'J,,!co&.J@I.';;,~;.>J,i#:iFli.>,:!<.o"-*"-,;";-",,,,:f~~' i""'~;""2i~i"i'II:;,,,'*_:;'\iiri';""~01,,,j_~,;;l!lIitiM~-~ ," % ~,,',~. ~~~ ,. ~~ ~'~-'~ ',,",". ~~, ~ "" ~'-~-''''I;J!lg'ij~~~'1.1C ~'- ",-, ~-., ...l:;'~H 0 C) r::::) C " ;;:: ,- -or;:; c: rifF, ::z , z::c! ~~: (Xi c;c: ~~) )>C', w ~i ~.!;~ tS~i~ ~C' :::' Pc z:. N ~ =<' :0 +" -< q ,< d' " _',f , r'" ~-: PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 6 \ - 27Dl' Q\u~lT~ MIKE BOYER T/A MIKE BOYERS AUTO REPAIR Defendant : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter, Respectfully submitted, SAIDlS, SHUFF, FLOWER & LINDSAY Date: 6 p1/0' By: arl . Ledebohrn, squire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717)737-3405 ", ~', '~~~~~!fi;l!:>!,;}:~gNtoii!m:~tW;.'lWi~l'1~,am,~i:;"it,,::--.b"-''''''~ i,h,,\'~"t;-,;;:i"'~~ ,:",;o;:,";I;;;-;,~q"MiI"&_~d~_~~li\~~'l!.fttJ. _:,.....~-<L""O ,1 '>~~ iilol'~ 0 C> \~ c ::.~ -o---;,.~ (- rnq;, c::: Zfl! :::..;::: ::n '1-;;;:::;- Z;-" (I; )'> u-' <,.,;f5 -<-, ,",- , , ~C :E' ~~~~ ~~C., 20 ~.~? f5 Pr~ r;;> ()rn ~ Z -, -' N ~ -< (J) -< ,~ ~" "lIliif Ii II t! ~ ,~t"'""" <-= >, , .1;'2..;.:, ',,,j' L ^"tW; PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OI-.37of C:IU:l ~~ MIKE BOYER T/A MIKE BOYERS AUTO REPAIR Defendant : CNIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTIIONOTARY: I do certify, to the best of my knowledge, that the Defendant, Mike Boyer tla Mike Boyers Auto Repair, in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, Dore {l1 f ( By: ~~~*"'-rl~~~~~~!i#l!limiMii!b~~lli,-'i1<lf'Wk,j';;bl;,:-;,,'-t";'":;'''',''H;_'''~;~{j61ii<,'i!!:Ui;j;;Ji"*-<;!i~~~il[~' ""~~ ., .," --, '"_0_.. "N_ " ,~, ">0,..,,...,,""" ,.-me'" ~"". o c 5: -oCL' ~~} ~t; -- ..;::>-(-, z-: ;c:.C1 C Z ::< ,. y, ~, ~.J ~ o C) -'1 :~ ". " , ~~~~; (.l .,~,;+! i~~!~~ -, -. :D -< :2 .~ r:? ,,-, Ul ~.. ~~ c . ' ,-J, ._._ '" '._ """'N ._J JllWitl1l,," PNC BANK, NATIONAL ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V MlA v, : NO, 61- .376]/ C;(JL'L '-r~ MIKE BOYER TIA MIKE BOYERS AUTO REPAIR Defendant : CNIL ACTION - LAW NOTICE TO: Mike Boyer t/a Mike Boyers Auto Repair Pursuant to Ru1e 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 TIDS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 737-3405 CL:ia2ili~;"?~: .~ ------~~'