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Home My WebLink About99-05651 #Y ?' ` •+ M1 ?\ t.? ? ? j ?6 ?. ,;<:y ' a' $A ,'f { ?: 0. ?? 4 Y/ y:i?{ 5? 2 C4 1 4P Y • P ??' ^ d L.. J m,,? ?; r'?a r. ?f, ?., r ,?` t. ai ? ? ,E?. ?y , .'.; ' ...v 4 14 4 ):: }y {" S ?l } 4G b S h \ ` ?' 111 1 r ? ' 1 ? e 1 . ? t $r ? }x M? ty ?ry ? "? `zY y ' ? ,. p f e ? E.> i 4: ? ? TALI y ' y4 .v?: S ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. PREPARED MILLWORK, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5651 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LEBANON AFFIDAVIT OF SERVICE Richard D. Fields, Constable of the Commonwealth of Pennsylvania, being duly sworn according to law, deposes and says that he served an original Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendant's Rights in the within action, a true and correct copy of which is attached hereto, upon Prepared Millwork, Inc., by handing it personally to Leroy K. Gordon, President, on the 16th day of September, 1999 at 10:00 o'clock a.m. at 102 Locust Street, East Berlin (Rear), Pennsylvania and by making known to him the contents of the same. So answers, Richard D. Fields, Constable of the Commonwealth of Pennsylvania. cR heard- D. Fields, Constable Sworn and subscribed to before me: this (0? day of September, 1999.: nlo- r Notary Public NCFTTRI-AL MARIE SHAAKENotary Public Lebanon, Lebanon County M Commission Ex Tres Feb. 14, 2002 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. PREPARED MILLWORK, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 99-5&5i NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Prepared Millwork, Inc. 7B Troy Circle Enola, PA 17025 A judgment in the amount of Principal - Interest to 9/2/99 - Attorney's Commission (15%- of unpaid principal and interest) - Total - $ 142,922.18 2,549.23 $ 167,292.12 plus all future accruing interest until paid in full ($31.76 p diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy, 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 writt agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at f f N 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 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: Legal Services, Inc. Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 (717) 766-8475 HENRY & B E LP By: C A. E SQU E I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having busines before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - Ln {(; Cam. ) C . Li za . 11 ? (1?1 ? ? ' r) fry tT' Ii-t. Cl. f .J L cn U (j h ) ? N N >• 0 a ? = Wa O $ 0 oQZ -^{ n W J OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Prepared Millwork, Inc. 7B Troy Circle Enola, PA 17025 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. PREPARED MILLWORK, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 9V Jco?? ( flftiC 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 ftfJ 1999, in the amount of one Hundred Sixty-Seven Thousand Two Hundred Ninety-Two Dollars and Twelve Cents ($167,292.12), plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys' commission, together with costs of suit and all of amounts, fees, and costs incidental to execution and levy. Copies of all documents filed are attached hereto. d? Prothonota ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. PREPARED MILLWORK, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 9V- s6lq, PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Marc A. Hess, Esquire of firm of Henry & Beaver LLP, whose address is 937 Willow Street, Lebanon, Pennsylvania 17046 as attorney for Allfirst Bank, successor to Dauphin Deposit Bank & Trust Company, the Plaintif in the above-captioned matter. Dated: September 15 , 1999 HENRBy: I.D.#55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 n ,,. :' R' s r„ " i i :'? _' ?_ .r _;? t i ? 1? CI?. j ??J V ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff Va. PREPARED MILLWORK, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 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 Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Loan No. 0271322-9003 Principal - $ 142,922.18 Interest to 9/2/99 - 2,549.23 Attorney's Commission (15°s of unpaid principal and interest) - 21.820.71 Total - $ 167,292.12 Plus all future accruing interest until paid in full ($31.76 p diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and le Prothonotary ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. PREPARED MILLWORK, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. COMPLAINT 1. The Plaintiff is Allfirst Bank, a Maryland State charted commercial bank, successor to Dauphin Deposit Bank & Trust Company, with an office located at 3607 Derry Street, Harrisburg, Pennsylvania 17111. 2. The Defendant, Prepared Millwork, Inc., is a closely held Pennsylvania corporation whose officers are believed to accept mail at 7B Troy Circle, Enola, Cumberland County, Pennsylvania 17025. 3. On March 25, 1996, the Plaintiff loaned to Defendant the sum of Three Hundred Thirty-Seven Thousand Dollars ($337,000.00) as evidenced by a Commercial Loan Note bearing loan number 0217322-9003, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The said instrument has not been assigned. 5. Judgment has not been entered on the said instrument in any jurisdiction. 6. Defendant is currently liable to Plaintiff on the instrument as follows: Loan No. 0271322-9003 Principal - $ 142,922.1E Interest to 912199 - 2,549.23 Attorney's Commission (15% of unpaid principal and interest) - 21.820.71 Total - $ 167,292.12 Plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy. 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, successor to Dauphin Deposit Bank & Trust Company, and against the Defendant, Prepared Millwork, Inc., in the amount of One Hundred Sixty- Seven Thousand Two Hundred Ninety-Two Dollars and Twelve Cents ($167,292.12), plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to executi?and levy. By 4- QOVU?nz I.D. # 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: as. COUNTY OF LEBANON James S. Gates, Vice President, of Allfirst Bank, successor to Dauphin Deposit Bank & Trust Company, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of the Allfirst 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, 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 Successor to Dauphin Deposit Bank & Trust Company BY:_ I ,M James S. Gates Vice President Sworn and subscribed to before me: this 13" day of 1999. Notary Public TERESA I AS11E SHAAKE otary Public M Lebanon. Lebanon County Commleelon EKOirea Fab id 20 2 f' l?6WAheD M/LLvVD c." ?L Ode l3? ? yc?Q3 Commercial Loan Note I? Dauphin Deposit Bank and Trust Company f- Ze1?0 nn li: ,.i .?l ? Member FDIC.; .-.,r. Dale The Undersigned, jointly and severally, promise to pay to the order of Dauphin Deposit Bank and Trust Company (The "Bank" ) or Its Assigns at any of its bank offices ThrPP Irundrad _ tit i a•r QP , „ to be paid as follows: Dollars, DEFAULTS. The Under Wad Shall be In ddaufi hereunder upon Has d the ktl*N les. a tinlpned end all fa(hae d eerynOblle.tlaporbb observe a P,sr 8nY 7a ariil Of any Of the tdbwing event: lal the nona term -l when due of betterners frsekltle ss llyders pale on this role m arty renewsh, extensions. or modification n Owed, Such as endouae, suredee, or, gw n insolvent or makes an essighte a for theme Of creditors. (crediors,? PWion Is filed by cr aseMat any Obligor under airy provision of erg Obligor Is fr whwg or unable to Pay debts So y k,dgme nt looking any prtyderry„Odipp Of M Occurrence deny change In the ffnarrdaloam. a am„Obligor aJose paulrpdeery atlachmarat pEd:? w; •. any b a arty u dux, which ban entity ouch fie • caDaaticrs, rattled . _.. rvw•,mm w oft tanx p matedeey aArersa, Id) Ihe Elaedutlon, Penoxi (gamy Infomudpn trerebipe a harelnafter furnished to the Bank by Partnership, a petherehty, (el do death of arty Obligor who Is..turd ACCELERATION false; end (gl the fell" of and owig, b Furnish e ver financial my Obligor in Connseclim with the ben evideabnsced harslet, Or anl'suretyship or Wa<arM should be y d request, of the Ua710NAND ENFORCEMENT RIGHTS. lan and Other ignwer ,han be In Information AS default the as abr Bank may aseld, reason (1( unless the Bank elecp ofiserwlse, the edlre unpaid amount Ot such s of the , option exercise r= ent tim thae a, b two not then due aIG nd and payable Shall all become whenever Immediately due and payable mew nonce b or demand on any Obligar; and 12) the Bank may at its time any w all right and remedies available b fi under the Pennsylvania Unllam Comme Code a orwise the right to dhpose Of Me Collateral at publb ot prlvde Seats) W Other proceedings, and the Under slimed agrees Mel the Bank or Rsrcialnominee maythebecome aveiMeMDle to It purchaser at including Sale(s). The Undmgrlad waives all right b slay or execution and exemption of property in any action b enlace any or the Liabilities. any such applied to APPL,CA an T ION ON aOFccount at " Me Payment COLE The N such of proceeds the a any Collateral received by the Bank at any lime before a after default whaMpr ham sale of Collateral or otherwise, may be Interest est In any of the Collateral, waives and n releases any Lialight bilities to s and In require the such Bank order to as the tolleed anBanky of may the elect Liabildies Each of from the extent that he has ally right note or any of the Undersignad b M Collateral the t till assets, or otherwise, and SPecificaly 111110,1111 the Bank to apply any of the Collateral in which he has a ri t die a interest against any of undthe er any Theo aaldios ry in of any mar h manner Mdal tl may determine, g M1 JUDGMEAM The undersigned deals hereby authorize and empower any.omey of any Corm of Record of nennsylvania or elsewhere to appear for and enter judgment noInel undersigned for the above sum, with or without declaration, with cosy of suit including reasonable asaneys' lees and fees in bankruptcy proceedings, s any, release of errors. without stay of execution, and wits Polese 115%) percent addod for =Ilachon foes, and Me Undenign= further agrees that real, personal or mixed reorient, may be field upon any writ of execution as now or hereafter pwided by law or rue Pennsylvania Rules of Civil Proc dwe governing the enforcement of Judgments; and undersigned hereby wall" and releases all relief from any epprelsement stay or exemption lawn of any state now M force or hereafter enacted. If e copy hared, verified by alfdaviL shalt have bean flied he ouch Proceedli g, M Mall not be necessary to file the original as a w=ant or attorney. The Unsderftgnod land each of them,, more than one) hereby waives the rgM to y stay of execution and the benefil of all exemption laws now or hereafter in effect No single exercised this warrant and pow to confess Judgment shall be deemed to exhaust this power. whether or ltd any sewh,xarrisa shall tw hold by tiny court re, he invelM. violable a void but his power shall continue undiminished and may be exercised from time to time as often AS Be nY shall elect until all sums due here,md,r shall have been pats in lull MISCELLANEOUS. Any failure of tire Bank to ex snare Any righl her order shall not be construed as A warvnr of Ito r ight to Alm ise the same of any other right at any other ante. If Me Undersigned consists of more than one person. such parsons shall be Jointly and severally liable hereunder The Undersigned intends this to be a sealed instrument and to be legally bound hereby. All issues arising hereunder shall be governed by the taws of Pennsylvania WITNESS OR ATTEST: BORROWER: (Name of lad el, Corppraaon aP Inership) Name end Tole - ----- (SEAL) By m eM into ? --- --- (SEAL) Name and Thee - (SEAL) By'---___ (SEAL Name snot TMe "' I Name and Tale -(SEAL) Name and Title - ISEAL) Addal9 r?G ltiPdL_StrccC,_Oarlisl.c.e.1'A_l.l_013_. By -_ Name and TAI, EXHIBIT - (SEAL) B y Name And Title ,7 e -- (SEAL) ,vr uvf"O. m 8010111011 ION principal and Interest payments specified above, the Undersip.d shall pay b the Bank or any other holder thereof, upon demand. OR cost and expenses (Including reasonable aftomsys' roes and legal expenseal which may be inclined by the Bank a such holder In rho custody, preservation, use, operation, PrepanNOn icr HIS Or sofa ore" Caltalera)w the enforcement upon default d this rote. Sold Cost lsNil Include reasonable albmeys' fees and costs In bankruptcy proceed' large snot arty coats and afiomays' fees Incurred for any legal action In nlatlon to Me ban HnUction, Inckging but not limNd b the Joinder of Bank in any action between our borspwer and a 3rd pally. I ,; I,. ,_ cam, c-, i l.? i? v` i ?.. . LI I.1.J 1?? ?? ,.O 1 ? ?..? `? L..(L ? V' V'. ? O ;:a i.J c? 1 ? ? ? ??? 9 S ??8??? ?n 8 ? ? N N 0 a ? d ? n n i ?j F a? a7 µ w J