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Home My WebLink About01-04233ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANKAND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW Plaintiff v. KATHLEEN A. MILLER Defendant CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT By virtue of the authority conferred by the Commercial Loan Note, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment infavor ofthe Plaintiff and against the Defendant for the sum of $'~; 7, and costs of suit. ~.~ld~ tf`~l Eugene E. pinsky, Jr. Attorney for Defendant by virtue of the authorization contained in the Commercial Loan Note ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANKAND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Plaintiff NO. v. KATHLEEN A. MILLER Defendant CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS A judgment in the amount of $32,226.67 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 sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. 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 PAPERTO YOUR LAWYERAT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166/ {800) 990-9108 KEEPER WOOD ALLEN & RAHAL, LLP Date: July ~, 2001 By: ~ Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANKAND TRUST COMPANY Plaintiff v. KATHLEEN A. MILLER Defendant COMPLAINT CIVIL ACTION -LAW NO. CONFESSION OF JUDGMENT 1. Plaintiff Allfirst Bank, successor to Dauphin Deposit Bank and Trust Company, is a Maryland state-chartered commercial Bank, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant Kathleen A. Miller is an adult individual, residing at 513 South Third Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On or about April 24, 1998, Defendant, Matthew A. Miller, Thomas O. Nissley and Suzanne G. Nissley, for good and valuable consideration, executed and delivered a Commercial Loan Note (the "Note") to Plaintiff. A true and correct copy of said Note is attached hereto, made a part hereof and marked Exhibit "A". 4. The Note referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered against Defendant on the Note referred to in IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Paragraph 3 above in any jurisdiction. 6. The Note provides that Plaintiff may confess judgment against Defendant for the amount of the Note, together with costs of suit and fifteen percent (15%) added for collection fees. 7. The current unpaid principal amount of the Note is $ 26,315.15. Accrued interest is $1,584.02. Late fees are $427.50. 8. Plaintiff has been advised and, therefore, avers that Defendant executed the Note referred to in Paragraph 3 above for business purposes. 9. Plaintiff has been advised and, therefore, avers that Defendants income exceeds $10,000. 10. This confession of judgment is not being filed against a natural person in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $32,226.67, together with costs of suit. KEEPER WOOD ALLEN & RAHAL, LLP Date: July ~ , 2001 By: (~-~~ ~` Eugene ~. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Allfirst Bank -2- VERIFICATION The undersigned Jeffrey S. Linden, hereby verifies and states that: He is Assistant Vice President of Allfirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~l s l~/~~.~ ~ ~1 ~e~1~m Jef#V~ y in n Dated: July E~ , 2001 ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANKAND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Plaintiff / NO. mil- ~tv~l. v. CONFESSION OF JUDGMENT KATHLEEN A. MILLER Defendant To: Kathleen A. Miller, Defendant NOTICE You are hereby notified that on July ~, 2001, judgment by confession was entered against you in the sum of $32,226.67 in the above captioned case. Dated: July ,~, 2001 _-.- Prothonotary 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166/ (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Kathleen A. Miller 513 South Third Street Lemoyne, PA 17043 Attorney f intiff(s) r~ 1>L~ L.~,J C~IVIIVIFI~t:(ijlL I C3/afiel MNta I t , ~ ^~,,~ ~ ~ ~"~~-° ` °'~ ~ DAUPHIN DEPOSIT BANK AND TRUST COMPANY BANK OF PENNSYLVANIA • FARMERS BANK • VALLEYBANK . (Bank o/Pennsylvania, farmers Bank and Vaileybank are divisions o/Dauphin Deposit Bank end Trust Company) $_ 45,600.00 Date ~P~ ~y i~Q~ FOR VALUE RECEIVED, the UnderSlgn@d, TNOM~b j 0~. NIQSLFY ARR SalANME R. NISSLEY ANR MATTHEW A. MILLER ANR KATHLEEN A. MILLER , a (corporation/partnership/limited liability comp'~ny rndlwdual the "Borrower Joint y and severally (If more Y an one), promise to pay to the order of DAUPHIN DEPO$I i BANK AND TRUST COMPANY (the "Bank") or its assigns, the principal amount of FORTY-FIVE THOUSAND FIVE HUNDfjED&.NO/100 DOLLARS _ __ to be paid as 10(owl- s:---^- Ths amounts due hereunder shall be payable in 60.gonsecutive equal monthly payments, each payment in the mount of S960.00, which shall inelude~, principal and interest, payable on the day of each month beginning o,n,_~/,~.L1/.,-1.`t.. With the final paymont on ~/~y/~O~ all amounts outstanding for principal, accrued ahd'~.unpaid interest, and unpaid foes and charges will be due and payable. Interest shall accrue at the rate of 09.2500% per annum. Interest shall be calculated on the basis of the actual number of days elapsed and a year of 360 days. Both principal and interest are payable in lawful money of the United States of America at any office of Bank in immediately available funds. If any payment due hereunder is received by the Bar7k more than fifteen (f 5) calendar days after its due date, the Borrower shall pay a late payment charge equal to five percent (5%) of the amount then due or $10.00, whichever is greater, APPL/CAT/ON OF PAYMENTS. All payments made hereunder shall be applied first to late payment charges or other sums owed to the Bank next to accrued interest, and then to principal, or in such other order or proportion as the Bank, in its sole and absolute discretion, may elect from time to time. SECURITY. The payment of this note and any renewals, extensions and modifications thereof. and the payment. performance and discharge of all other present or future indebtedness, obligations and undertakings (individual. joint, several, direct, contingent, or otherwise) of the Borrower to or for the benefit of the Bank, whether arising directly to the Bank under this note or under any other agreement, promissory note or undertakings now existing or hereinafter entered by the Borrower to the Bank (collectively, the "Liabilities°) is secured by the property described in, and under and pursuant to the terms and conditions of that certain: NONE As additional security for the Liabilities, Borrower grants the Bank a lien upon and a security interest in any securities, instruments or other personal property of Borrower now or hereafter in Bank's possession and in any deposit balances now or hereafter held by Bank for Borrowers account and in all proceeds of any such personal property or deposit balances. Such liens and security interests shall be independent of Bank's right of setoff. PAYMENT OF COST5. In addition to the principal and interest payments specified above, the Borrower shall pay to the Bank or any other holder of this note, upon demand, all costs and expenses (including reasonable attorneys' fees, whether or not litigation is commenced) which may 6e incurred by the Bank or such holder in the collection or enforcement of this note. Said costs shall include reasonable attorneys' fees and costs in bankruptcy proceedings and any costs and attorneys' fees incurred for any action or proceeding in relation to the loan transaction. including but not limited to the joinder of Bank in any action between the Borrower and a third party. CE-710-7 12/96 i i x umup~a,F . m~.~e.mm.^, , . , e,, SILTS. The Borrower shall~in default hereunder upon the occurren , f any of the following events: (a) the r• ~ ~ meet when due of any amount payable on any of the Liabilities, or the fall ~ 9 of any Obligor to observe or perform ny ~'I eo Went of any nature whatsoever with the Bank (the term "Obligor" as t aed herein being meant to include the Borrl ~ner and all persons liable on the note or any renewals, extensions, or irodification thereof, such as endorsers, sure: a :, ar guararitors); (b) if any Obligor becomes insolvent or makes an assigner Net for the benefit of creditors, or if any petitol is filed by or against any Obligor under any provisions of any law or stahdte alleying that such Obligor is insolvent or ur:l ,le to pay debts as they mature; (c) the entry of any judgment against any Obligor or the issuing of any attachment or garl ishment against any property of any Obligor or the occurrence of any change in the financial condition of any Oblige which in the sole judgment of the Bank is materially adverse; (d) the dissolution, merger, consolidation or reorg:lriization of any Obligor, which is an entity such as a corporation, limited partnership, partnership or limited liability com`~a ty; (e) the death of any Obligor who is a natural person; (f) any information heretofore or hereinafter furnished to the Bank by any Obligor in connection with the loan evidenced hereby or any suretyship or guaranty should be materially false; and (y1 the failure of any 061igor to furnish such financial and other information as the Bank may reasonably request. If this Note is payable on demand, Bank's right to demand payment hereof shall not be restricted or impaired by the absence, non-occurrence or waiver of a default hereunder, and it is understood that Bank may demand payment at any time. ACCELERAT/ON AND ENFORCEMENT RIGHTS: Whenever the Borrower shall be in default as aforesaid. (1) unless the Bank elects othervvise, the entire unpaid amount o! such of the Liabilities as are not then due and payable shall become immediately due and payable without notice to or demand on any Obligor, and (2) the Bank may at its option exercise from time to time any or all rights and remedies available to it at law or in equity. The Borrower waives all right to stay of execution or garnishment and exemption of property in any action to enforce any of the Liabilities. JUDGMENT. The Borrower does hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and enter judgment against Borrower for the above sum, with or without declaration, with costs of suit, including reasonable attorneys' fees and fees in bankruptcy proceedings, if any, release of errors, without stay of execution, and with fifteen (f 5%) percent added for collection tees, and the Borrower further agrees that real, personal or mixed property may be sold or garnished upon any writ of execution or writ of garnishment as now or hereafter provided by law or the Pennsylvania Rules of Civil Procedure governing the enforcement of judgments; and Borrower hereby waives and releases all relief from any appraisement, stay or exemption laws of any state now in force or hereafter enacted. If a copy hereof, verified by affidavit, shall have been filed in such proceeding, it shall not be necessary to file the original as a warrant of attorney. The Borrower (and each of them, if more than one) hereby waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of this warrant and power to confess judgment shall be deemed to exhaust this power, whether or not any such exercise shall be held by any court to be invalid, voidable or void, but this power shalt continue undiminished and may be exercised from time to time as often as Bank shall elect until all sums due hereunder shall have been paid in full. WAIVERS. The Borrower hereby waives presentment, notice of dishonor and protest. The Borrower hereby further waives and releases all errors, defects and imperfections of a procedural nature in any proceedings instituted by the Bank hereunder, as well as all benefit that might accrue to the Borrower by virtue of any present or future laws exempting any property, real or personal, or any part of the proceeds arising from any sale of such property, from garnishment, attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment. The Borrower agrees that any property, real or personal, that may be levied upon pursuant to any writ of execution or writ of garnishment issued on any judgment by virtue of this note, may be sold, in whole or in part, in any order desired by the Bank. HOLDERS /N DUE COURSE. This note may be assigned by the Bank or any subsequent holder of this note at any time or from time to time. The Borrower hereby agrees that no subsequent holder of this note to whom the note was transferred for value shall be subject to any claims or defenses which the Borrower may have against a prior holder, all of which are waived as to such subsequent holder, and that all such subsequent holders shalt have all of the rights of a holder in due course even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course. M/SCELLANEOUS. Any failure of the Bank to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any other time. If the Borrower consists of more than one person, such persons shall be jointly and severally liable hereunder. The Borrower intends this to be a sealed instrument and to be legally bound hereby. This note shall inure to the benefit of and be enforceable by the Bank and its successors and assigns and be binding and enforceable against the Borrower, its legal representatives, successors-and permitted assigns. All issues arising hereunder shall be governed by the laws of Pennsylvania without giving effect to choice of law rules. SS O ,.y / , ~, ,, .~/y ~~~/ t-c/t'L~ (Seal) Name and ills (Seal) ame and Title (final) Nmnn and Title Nnrnn nnrl Title (l,nnl) THOMAS O. NISSLEY AND SUZANNE G. BORROWER~NISSLEY AND MATTHEW A. MILLER AND KATHLEEN A. MILLER ame of fndiw ua, Corpora4on, Partnership or t~im$ed Liability Company) %ri~ Ikefh Ii1~Aiam Wtrlrwr Hurl NaN y, Yh 1/Urf1 ~ ~1~M4h IIY I III Y 1/1111 ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANKAND TRUST COMPANY Plaintiff v. KATHLEEN A. MILLER Defendant NOTICE A Kathleen A. Miller, Defendido/as CIVIL ACTION -LAW NO. CDI - ~tv~ ~~ I`"" l CONFESSION OF JUDGMENT Usted esta siendo notificando que el // de July del 2001, se anoto en contra suya un fallo por confesion en la suma de $32,226.67 en el caso mencionado en el epigrafe. FECHA: July 1L, 2001 - Protonotario USTED DEBE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGA- DO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166/ (800) 990-9108 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Kathleen A. Miller 513 South Third Street Lemoyne, PA 17043 P'"1 Abogado el mandante IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~" °~.~ ~~~ ~m ,_- C~ _' - .' . ~.' $ _- ~ ~ ~ ~\--- ~ - `_ ~. _ C '~', =; - ~ ~ _ ~ ~ ~ et ~ 1 r, -.~ ..~ `~ ~5 ALLFIRST BANK, SUCCESSOR Tb DAUPHIN DEPOSIT BANKAND TRUST COMPANY Plaintiff v. KATHLEEN A. MILLER Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE CIVIL ACTION -LAW NO. 01-4233 CIVIL TERM CONFESSION OF JUDGMENT Please mark this judgment "satisfied" by order of the Plaintiff. KEEPER WOOD ALLEN & RAHAL, LLP Date: January 8, 2002 By: ~ Euge a E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717)255-8051 Attorneys for Plaintiff ~s ~~