HomeMy WebLinkAbout03-4847
COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: NO. D3 - "11'#7
C'0iL'-r~
v.
: 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 Defendant and confess judgment in
favor of the Plaintiff and against Defendant as follows:
$96,000.00 Note
a.
Principal
$43,878.23
b.
Interest to August 19,2003
$ 2,447.47
c.
Late Charges
$ 504.05
d.
Attorney's fees
$to be determined
Per diem: $11.2055
TOTAL
$46,829.75 plus fees,
additional interest, and
costs from the date of the
Complaint.
Respectfully submitted,
Date: September 8, 2003
::u;y OWER&LfflDSAY
Matthew J. ~stlman, Esquire ID 72655
2109 Market Street, Camp Hill, P A 170 II
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff, Community Banks
COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 0.2 - .l.iPJ{7
C/~LL y~
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: CIVIL ACTION - LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
I. The name and address of the Plaintiff is Community Banks, 6700 Derry Street,
Harrisburg, Pennsylvania 17111.
2. The name and last known address of the Defendant are East Coast Custom Auto
Body, Inc, (hereinafter "East Coast"), a Pennsylvania business corporation, having a registered
address of2272 Ritner Highway, Shippensburg, Pennsylvania 17257,
3. On January 19,2000, East Coast executed and delivered to Plaintiff a
Commercial Fixed Rate Promissory Note in the original principal amount of Ninety- Six
Thousand and 001100 Dollars ($96,000.00) (the "$96,000.00 Note"), a true and correct
photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a
part hereof.
4. East Coast is in default of its obligations to make payment to Plaintiff as required
in the $96,000.00 Note, and Plaintiff has demanded payment in full of all outstanding amounts
as provided in the $96,000.00 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 $96,000.00 Note,
7. Judgment has not been entered on the $96,000.00 Note in any jurisdiction,
8. The amount due to Plaintiff as a result of Defendants' default is as follows;
$96,000.00 Note
a.
Principal
$43,878.23
b,
Interest to August 19,2003
$ 2,447.47
c.
Late Charges
$ 504.05
d.
Attomey's fees
$to be determined
Per diem: $11.2055
TOTAL
$46,829.75
WHEREFORE, Plaintiff, Community Banks, demands judgment against East Coast
Custom Auto Body, Inc., in the amount of Forty-Six Thousand Eight Hundred Twenty-Nine and
75/100 Dollars ($46,829.75), plus reasonable attomey's fees, costs and $11.2055 per diem through
the date of payment, including on and after the date of entry of judgment on this Complaint, and
such other relief as the court deems appropriate,
Respectfully submitted,
Date; September 8, 2003
,
SAm"~mr'1f. ER& LINDSAY
By; lW J
Matthew J. EsheJjllan, Esquire ID #72655
2109 Market Str~et, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff, Community Banks
I
'Eo
Coast
130RROWER
Custom Auto Body,
Inc.
l
COMMERCIAL
FIXED RATE
PROMISSORY
NOTE
ADDRESS
2272' Ritner Highway
Sh~-PPEln,~);;flJ.~g~,Pll. 17257
Ti::I,j;PlicmEfl/O. ....'.',<;<..,.>,:; IDENTJFICATION Ntt
(717) 776-6200
~D~~:'~~ON' '":~;:'o % $:;~:~~' 00 I O:~~G/OO I :,~::~051
Provide permanent financing for paint booth puchased on the L.O.C.
PROMISE TO PAY; For value received, Borrower promiiies to pay 10. lhe order of lender the principal amount of
nO/IOO
qU:;T-QMe:R"
JilLlM6ER
(qAJI
NuMB~R
Ninety Six Thousand and
Dollars ($ 96,000.00 ) plus
interest on lhe unpaid prinCipal balance at the rate and In the manner described below, untit all amounts owing under this Note are paid in full. All amounts
received by Lender shall be applied first 10 accrued, unpaid interest, then to unpaid principal, and then to any late charges and expenses, or in any other order
as determined by Lender, in lender's sole discrelion, as permitted by law.
INTEREST RATE: Interest shall be computed on the basis of 22. C::QUal monthly oeriods
on this Note shall be calculated and payable at the fixed rate of 9 ~ 500 % per annum.
.PEFAUL T RATE: If thers is an Event of Default under thi!; Note, the Lender may, in lIS discrelion, increase the interest rate 00 Ihis Nole to: Ra te in
_effect at time of maturity plus two percent (2%).
or the maximum Interest rale Lender is permitted to charge by faw, whichever Is less.
PAYMENT SCHEDULE: Borrower shall pay the prinCipal and Interest according to the following schedule:
On demand. but if no demand is made, then:
S9 payments of $2,016.17 beginning February 18, 2000 and continuing at monthly time intervals
thereafte~. A final payment of the unpaid principal balance plus accrued interest is due and
payable on January 18, 2005.
per year. Interest
PREPAYMENT: This Note may be prepaid In part or in fufl on or before its maturity date. If this Nole contains more than one Installment, any partial
prepayment will not affect the due date or the amount of any subsequent inslallme(JI, unless agreed to, In writing, by Borrower and Lender. ff this Note is
prepaid In full, there wUI be: fKJ No minimum finance charge or prepayment p(lnelty. 0 A minimum finan'ce charge of $ .0 A
prepayment penalty of:
LATE CHARGE: If a payment Is received more than ~_ days 'ate, Borrower will be charged a late charge of: 0
smountottheletepayment; [i 5.00 Of 5.00 % 01 Iheunpaid amoufltol the late payrnent, whichevar!s
o less.
SECURITY: To secure the payment and performance 01 obligations incurred under this Note, Borrower grants Lender a security interest in all 01 Borrower's
right, tlUe, and Interest In all monies, Instruments, savings, checking and other accounts of Borrower (exclUding IRA, Keogh, trust accounls and other accounts
subject to lax penalties il so assigned) that are now or in the future in Lender's custody or control. [iI/f checked, the obligationS under this Note are also
secured by the collateral described In any security instrument(s) executed In connection with this Note, and any collateral described in any other securlly
Instrument(s) securing this Nole or all of Borrower's obligations.
% of the unpaid
[]reater
RENEWAL: 0 If cheCKed, this Note Is a renewal, but nol a salis'action, of loan Number
WARNING: READ BE:FORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHrs
no IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN evIDENCED 8Y THIS NOTE, 80RAOWEAIAAEVOCABL Y AUTHORIZES AND EMPOWERS
Iu1Y ATTORNEY OR THE PROTHONOTAAYOR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR
BORAOWERIN ANY ACTION BROUGHT BY LENDER AFTER ElORROWER'SDEFAUL T UNDER THIS NOTE OA ANY OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT
AGAINST 8ORAOWERFORALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FORAlL ACCRUED INTEREST ON THOSE AMOUNTS, COST OF SUIT,
AND ATTORNEY FEES, TOGETHEA WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, FROM THE ENTRY OF
SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUAlLY RECEIVED. THIS NOTE, OR A COPY VERIFIED BY AfFIDAVIT, WILl8E A SUFFICIENT WARRANT
THE AUTHORITY GAANTEDHEREIN MAY BE EXERCISED AS ~EDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF AU. SUMS
DUE LENDER.
8ORROWERKNQWlNGL Y, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDlTlONALl Y WAIVES ANY AND ALL RIGHTS
TO DUE PROCESS BORROWER HAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEALTH OF PENNSYLVANIA.
EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY CONFESSED JUDGMENT.
BORROWER FURTHEA UNDERSTANDS THAT UPON BORROWER'S DEFAULT AND CONFESSION OF JUDGMENT, THIS WAVIER ALLOWS LENDER TO IMMEDIATE!. Y
EXECUTE UPON AND SEIZE AND SELL ANY OF BORROWER'S PROPEATY WITHOUT PRIOR NOTICE OA OPPORTUNITY FOR HEARING, eXCEPT ANY NOTICE AND/OR
HEARING REQUIRED UNDER APPUCABlE LAW WITH RESPECT TO THE ExeCUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE AlL SUMS DUE
THE PEASONSSIGNING BELOW ACKNOWlEDGETHATTHEY HAVE AEAD,UNDERSTANO,ANDAGAEETO THE TERMS AND CONDITIONS OF THIS NOTE,
INCLUDING THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COpy OF THIS NOTE.
IN WITNESSWHEAEOF,tfle undersigned hasl1lave caused this instrument 10 be executed as a sealed instrUfTIe(ll this 19 t:h day of January I 2000
:R:OWIj,'East co~s~o Body, "no. (Seal) SORROWER (Seall
vrncen~l'Vino
President
BORROWER: BORROWER:
(Seal)
(Saal!...
BORROWER:
BORROWER
(Seal)
(Seal)
BORROWER
BORROWER
(Seal)
(Seal)
PPA201 III Jotm H. HEI~a"d Co_ (9/19197) (800) 9~7.3799
r. h. 1,../
ir..ffll
TERMS AND CONDITIONS
1. EVENTS OF DEFAULT. An EVenl 01 Deta"," will occur under this Note in the event that BOffOWb'; any guarantor or any other third party pledging
collateral to secure this Note:
(a) fails to make any payment on this Note or any olher indebtedness 10 Lender when due;
(b) fa~s to perform any obligation or breaches any warranty or covenant 10 lender contained in this Nole, any securily instrument, or any other
present or future written agreement regarding 1~lis or any olller indebtedness of Borrower 10 lender:
(c) provides or causes any false Of misleading signature or representalion to be pl'ovided to lender;
(d) sells, conveys, or transfers rights in any co/la]era' securing ]his Note without Ihe written approval of lender; destroys. loses or damages such
collateral in any materiai respect; or subjects su,;h collateral to seizure. cQrlliscation or condemnation;
(e) has a garnishment. Judgment, tax levy, attachmenf or lien entered or served against Borrower, any guarantor, or any Ihird party pledging
collateral to secure this Note or any 01 their pl'opetly;
(fl dies. becomes legally incompetent. is r;fissotve:f or lerminated, ceases 10 operale its business, becomes insolvenl, makes an assIgnment for the
benefit of creditors, fails to pay debts as Ihe:~ become due, or becomes !he subjeCt 01 any bankruptcy, insolvency or debtor rehabilitation
proceeding;
(g) fails 10 provide Lender evIdence of satisfaclory financial condition;
(h) has a majority of its outstanding voting securities sold, Iransferred or conveyed to any person or enli]y other than any person or enlity thai has
Ihe majority ownership as of the dale of the execution 01 this Note; or
(i) causes Lender 10 deem itself insecure due to a significant decline in !he value of any real or personal property securing payment of this Nole, or
lender in good faith, believes Ihe prospect of paymenl or performa~ce is impaired.
2; RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Defaull under this Nole, lender will be enlitled 10 exercise one or more of Ihe
lollowing remedies wilhoul noUce or demand (except as required by law):
(a) to declare the prinCipal amount plus accrued interest under this Nole and all other present and future obfigations of Borrower immedialely due
and payable in full, such acceleration shall be automatic and immediate if Ihe Evenl of Delault is a fUing under the Bankruptcy Code;
(b) to collect the outstanding obligations of Borrower with or without resorting to judiCial process;
(c) 10 cease making advances uncler Ihis Note 0( any other agreement between Borrower and Lender;
(d) to take possession of any collateral in any manner permitted by law;
(e) to require Borrower 10 deliver and make available to lender any collateral at a place reasonably convenient 10 Borrower and Lender;
(f) to sen, lease or otherwise dispose 01 any collateral and collect any deficiency balatIC9 wilh or withoul resorting 10 legal process;
(g) to set-off Borrower's obligations against any arno.unts due to Borrower including, but notlimilecl to, monies, instruments, and deposit accounts
mainlained with Lender. and
(h) to exercise ah olher righls available 10 lender under any other written agreement or applicable law.
lender's rights are cumulative and may be exercised logether, separately, and in any order. lender's remedies under Ihis paragraph are in addition to
lhose available at common law, including, but notlimjlec! 10. Ihe right of sel-off.
3. DEMAND FEATURE. og If checked, Ihis Note contains a demand feature. lender's right to demand payment, al any time, l'!nd from time 10 time,
shall be in Lender's sole and absolute discretion, whether (lr nol any default has occurred.
4. FINANCIAL INFORMATION. BOfrower wHI at all limes keep proper books of record and account in which lull, true and correct entries shall be made
in accordance with generally accepted accounling princ:iples and will deliver 10 lender, within ninely (90) days after the end of each fiscal year of
Sorrower, a copy of the annual financial statemenls of Borrower relating 10 such fiscal year, such statements to include (i) the balance sheet 01
Borrower as al !he end of such. fIScal year and (ii) the related income statement, slalement of retained earnings and statement of cash now 01 Borrower
for such fiscal year, prepared by such certilJed public accounlanls as may be reasonably satisfactory 10 lender. Borrower also agrees to deliver 10
Lender within fifteen (15) days after filing same, a copy of Borrower's income tax returns and also, from time 10 lime, such other financial informallon
with respecllo Borrower as Lender may request.
5. MODIFICATION AND WAIVER. The modlrrcatfon or waiver of any of Borrower's obligations or Lender's righls tmder Ihis Nole musl be contained In
a wriling signed by Lender. Lender may perform any of Borrower's obligations or delay or faif to exercise any 0( fls rights wilhaul causing a waiver of
those obligations or rights. A waiver Q(I one occasion will not constitule a waiver on Bny other occasion. Borrower's obligaUons under this Note shalf
nol be affected if Lender amends, compromises, exchanges, fails 10 exercise, impairs or releases any of the obligations belonging 10 any co-borrower
or guarantor or any of its rights against any co-borrower, guarantor, the coIlaleral or any olher property SEH;:urlng the obligations. Lender may accepl
and apply chEH;:ks and other Instruments marked .Paid in Full" or with a similar phrase describing a payment as full satisfaction of the obligatiOns
incurred under Ihis Note, withoul being bound by !hal language and wilhout waiving any rIghts to payment of all amounts owing under this Note.
6. SEVERABILITY. II any provisIon of this Note is invalid, illegaf or unenforceable, Ihe validity, legalily, and enforceabHily of Ihe remaining provisions
shall not in any way be affected or Impaired thereby.
7. ASSIGNMENT. Borrower agrees nol to assign any of Borrower's rights. remedies 0( obligatiOnS described in this Note without the prior written
consent allender, which consent may be withheld by lender in ils sole discrelion. Borrower agrees !hallender is entitled 10 assign some or all of ils
rights and remedies described in this Note without notice to or the prior consent of Borrower.
8. NOTICE. Any notice Or olher communication 10 be t;lrovided to Borrower or lender under thIs Note shall be in writing and sent to Ihe parties atlne
addresses described in this Note or such olher address as ths parties may designate in writing from lime to lime.
9. APPLICABLE LAW. This Nole shari be govemed by the laws of the slale indica!ed in Lender's address. Unless applicable law provides otherwise,
Borrower consents 10 Ihe jurisdiction and venue of any court located in such slale selected by Lender, in its discretion, in the event of any legal
proceeding under this Note.
10. COLLECTION COSTS. To the exlenl permmed by law, Borrower agrees 10 pay lender's reasonable fees and cosls. incfuding, but notlimfled 10,
fees and costs of attorneys and other agents (inclUding wflhout limitation para]egals, clerks and consultants), whelher or not such attorney or agenl is
an employee of Lender, which are incurred by lender in COllecting any amount due or enforcing any righl or remedy under Ihis Nole, whether or not
. suit is brought, including, but rial limited 10, all fees and cosls incurred on appeal, in bankruptcy. and for post.jUdgment collection actions.
11, MISCELLANEOUS. This Note is being executed primarily for commercial, agricullural, or business purposes. Borrower and lender agree Ihat
time is of the essence. Borrower agrees 10 make all payments 10 Lender at any address designated by lender and in lawful United Stales currency.
Borrower /3nd any person who endorses this Nole waives presentment, demand lor payment, notice of dishonor and protest and further waives any
righl to require lender 10 proceed against anyone else before proceeding against Borrower or said person. All references to Bti(rower in this Note she!!
include all 01 the parties signing this Note, and this Note shall be binding upon the heirs, successors /3nd assigns of Borrower and lender. If there is
more than one Borrower their obligations under this No]e shall be joinl and several. InlormalJOfI concerning Ihis Note may be reported to credil
reporting agencies and will be made available when r9quesled by proper legal process. This Nole repl'esents lhe complete and integrated
underslanding between Borrower and Lender regarding the terms hereof.
12. -JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAfVE ANY RfGHT TO A TRIf\L BY JURY IN ANY CtVll ACTION ARISING OUT
OF, OR BASeD UPON, THIS NOTE OR THE COLLATERAL seCURING THIS NOn::.
13. ADDITIONAL TERMS:
,-
r:
July 10, 2003
East Coast Custom Auto Inc.
Vincent ScaJavino
Eileen ScaJavino
2275 Ritner Highway
Shippensburg, Pa. 17257
Dear Mr. And Mrs. Scalavino:
Your loans with Community Banks, N.A. are seriously past due as you have fuiled to pay
the scheduled principal and interest payments of the loans outlined below. As a result of
this delinquency, demand is hereby made for immediate payment in full of all principal,
interest, late charges and any fees associated with the following loans:
Account 54023961
Principal
Interest @ 7/10/03
Fees
(int. accrues at $12.13/diem)
$98,408.96
2,834.30
115.00
Account 54023962
Principal
Interest @ 7/10/03
Late fees
(int. accrues at $11.58/diem)
$43,878.23
1,996.27
504.05
Account 54023960 Principal $461,395.21
Interest @ 7/10/03 4,276.20
Late fees 836.44
(int. accrues @$101.13/diem)
Total amount due as of July 10,2003 is $614,244.66. Demand is hereby made for
immediate payment in full of the amounts outlined above. Failure to make this payment
could result in the Bank taking immediate action to preserve and protect its rights under
the terms of the loan documents. Please contact the undersigned at 909-4459 to make
arrangements for the payment of all the outstanding loan amounts.
Sincerely,
Raymond Granger
Vice President
Special Assets
E'f- hi hit <<ell"
AB-/0/ REL # ~,00,00
(BRANCH II, OPER RG )
LOAN STATUS
THURSDAY JUL 10 2003
MEMO FLAG
INT-RATE
INT YTD
INT LS YR
EAST COAST CUSTOM DATE LAST MAINT 05/30/03
CUST-NO 05~02396 DEPT-NO / LOAN-NO 5~02396/ P-COOE 0 P-BANK 000
I EFF-DATE <LOAN-BAL 98.~08,96 MATURITY 11/30/02
2 TOTL-PMT <PRIN-DUE 98.~08,96 PAID THRU
3 INT-AMT <INT-OUE 2,065,9/ PAID TO
~ ESC-AMT <ESG-DUE .00 PAID TO
5 CR/LF-AMT <LC-DUE ,00 AS OF TODAY
6 A/H AMT <TOTAL-DUE 100.~7~,87 NEXT DUE /1/30/02
7 LC-AMT <-----------------------------------------------------
8 UNAPPL <NXT-PR-PMT 98.~08,96 AMT-LS-PMT 768,39
9 FEE AMT <NXT-IN-PMT 2.065.9/ UNPAID INT 2.065,91
10 POFF-FEE <SCHED-PMT .00 ACCRD-INT 2.83~.3015
--------------------------<INT BILLED ,00 DAILY EARN 12,1326
TOTAL TRAN <PYOFF FEES ,00 WRITE-DOWN ,00
<ESG-BAL ,00 AGGRL-STOP ..STOP..
~ <A/H-REB ,00 OFFIGER 030
<GR/LF-REB ,00
<MIN EARN ,00
<PAYOFF 100.5B9,87
0//2//03
~,5000
768.39-
5. / ~3 , 55-
PEN/FEE
115,00
( /02 . GUST PROF. 302 . GUST INFO. 303 = GUST GODE, 312 . LIAS. 355 = P-LINK)
(308 = INST STMT. 309 = MEMOS. 305 = AGGT INFO. 313 = GOL SCRN)
AB-101 REL # ~,00,00
EAST COAST CUSTOM DRTE LAST MAINT J 1/13/00
CUST-NO 05~02396 DEPT-NO 1 LOAN-NO 5~023960 P-CODE 0 P-BANK 000
I EFF-DATE <LOAN-BAL ~6'.395,21 MATURITY 01/30/05
2 TOTL-PHT <PRIN-DUE 1.02~,32 PAID THRU OS/29/03
3 INT-AMT <INT-DUE 3.157,88 PAID TO OS/29/03
~ ESC-AMT < ESC-DUE ,00 PAID TO
5 CR/LF-AMT <LC-DUE 836,~~ AS OF TODAY
6 A/H AMT < TOTAL -DUE 5, 0 1 8 , 6~ NEXT DUE 06/29/03
7 LC-AMT <-----------------------------------------------------
8 UNRPPL <NXT-PR-PMT 2.166,78 AMT-LS-PMT 8.36~,~0
9 FEE AMT <NXT-IN-PMT 6,197,62 UNPRID INT ~.276,20
/0 POFF-FEE <SCHED-PMT~, 182,20 ACCRD-INT J.118,3157
--------------------------<INT BILLED ,00 DAILY EARN 101.1277
TOTAL TRAN <PYOFF FEES ,00 WRITE-DOWN ,00
< ESC-BAL .00 RCCRL-STOP
~ <A/H-REB ,00 OFFICER
<CR/LF-REB ,00
<MIN ERRN ,00
<PAYOFF ~66.537,B5
MEMO FLAG
INT -RATE
INT YTD
INT LS YR
B,0000
15.~19,00-
~1.26B,90-
(BRANCH 1 I. OPER RG )
LOAN STATUS
THURSDAY JUL 10 2003
030
PEN/FEE
30,00
(102 = CUST PROF. 302 = CUST INFO. 303 = CUST CODE. 312 = LIAB. 355 : P-LINK)
(306 = INST STMT. 309 : MEMOS. 305 : ACCT INFO, 313 . COL SCRN)
AB-I01 REL # ~,00,00
EAST COAST CUSTOM DATE LAST MAINT 12/2~/02
CUST-NO 05~02398 DEPT-NO 1 LOAN-NO 5~023982 P-CODE 0 P-BANK 000
1 EFF-DATE <LOAN-BAL ~3,878,23 MATURITY 0//18/05
2 TOTL-PMT <PRIN-DUE B.339,32 PAID THRU 01/18/03
3 INT-AMT <INT-DUE 1.7~I,53 PAID TO 01//8/03
~ ESC-AMT <ESC-DUE ,00 PAID TO
5 CR/LF-AMT <LC-DUE 50~,05 AS OF TODAY
8 A/H AMT <TOTAL-DUE 10,58~,90 NEXT DUE 02/18/03
7 LC-AMT <-----------------------------------------------------
8 UNAPPL <NXT-PR-PMT 10.008,12 AMT-LS-PMT I ,~3
9 FEE AMT <NXT-IN-PMT 2.088,90 UNPAID INT 1.998,27
10 POFF-FEE <SCHED-PMT 2,018,17 ACCRD-INT 25~,7~0~
-------------------,-------<INT BILLED 3~7,37 DAILY EARN 11,5790
TOTAL TRAN <PYOFF FEES ,00 WRITE-DOWN ,00
<ESC-BAL ,00 ACCRL-STOP ..STOP..
3 <A/H-REB ,00 OFFICER 030
<CR/LF-REB ,00
<MIN EARN ,00
<PAYOFF ~8.~83,55
MEMO FLAG
INT-RATE
INT YTD
INT LS YR
9,5000
380,~9-
5.833,37-
(BRANCH 1 I. OPER RG )
LOAN STATUS
THURSDAY JUL 10 2003
PEN/FEE
85,00
( 102 ~ CUST PROF. 302 ~ CUST INFO. 303 ~ CUST CODE. 312 ~ LIAB, 355 = P-LINK)
(308 ~ INST STMT. 309 = MEMOS. 305 = ACCT INFO. 313 = eOL SeRN)
~ SENDER:
" _COmpkIte 1tem11 and/or 2 for ~ HrW:u.
.. _Complete items 3. 4a. and 4b.
. . Print your name and .addrels en the l'8Y8IU of this form 10 Ihst we can return this
! C8Id to you.
= -Attach this form to the &ani 01 the malJpiece, CI on the bact" space does not
. permit.
: -Write -Return RBcsIpt RtlqUllflttKr on the maIJpHtc:e tJek)w the attide number.
-:$ -The Return Recefpt will show to whom the aItfde W8I deIv8t8d and the date
l5 ,,",1_.
J 3, Article Addressed to:
i 6<./ ~Mf CvJ()M Aviv
~ VIN'u..+ Sell I fM..vo
Il! ZL7'> (ldNeA- j/1~HfI/"j
l!i
~ S?/lffJv. !fJ. lilt? I ~ f7J5)
! 5. R~jved By: (Print Name)
~ Vi y\ c.e VI f S:.~o.I(,^--'"
~ 6, Slgnatutre: (Add_gFA9jln,i t) ,
:- X,-1~-f-1A-zJJ~_/
- PS Form 811, Decemiier 1994 102595-.7,8-0179 Domestic Return Receipt
(Ik 51 I also wish to receive 1IIe
IoIIowlng selVices (for an
extra leel:
1. 0 Addressee's Address i
~
2. 0 Restricted Delivery dl
Consult posImasler for fee.
oIa Article Number
700 I )SIO 0003 IYV(, "57V-
41>. SelVice Type ~ ./
!J Registered ~ Certified
!J Express Mall 0 Insured
o Retum Reco/pl for Melchsnclse 0 COD
7. Dale of Delivery
B. Addressee's Address (Only if TBqIJ6Sted
and fee is paid)
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COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: CIVIL ACTION - LAW
VERIFICATION
I, Raymond Granger, Vice President, Special Assets, for Community Banks, being
authorized to do so on behalf of Community Banks, 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 ate made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unswom falsification to authorities.
COMMUNITY BANKS
Date: SepJ. \?, do03
By: ~
r:aym~(Grange ice President
Special Assets
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COMMUNITY BANKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. C>.3 - LfR'f7
cu~c- J~
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
CIVIL ACTION - LAW
NOTICE OF FILING JUDGMENT
( x ) Notice is hereby given that a judgment by confession in the above-captioned matter has
been entered against you in the amount of Forty-Six Thousand Eight Hundred Twenty-
Nine and 75/100 Dollars ($46,829.75) on .rkr. IS ,2003.
( x ) A copy of all documents filed with the Prothonotary in support of the within judgment
are enclosed.
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--Ry' LZo~' J?7fc~y. .r-----
If you have any questions regarding this Notice, please contact the filing party:
Address:
Matthew J, Eshelman, Esquire
Saidis, Shuff, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
Name:
Telephone
Number:
(717) 737-3405
(This Notice is given in accordance with Pa, RC,P. 236)
Notice sent to:
Name:
Address:
East Coast Custom Auto Body, Inc.
2272 Ritner Highway
Shippensburg, P A 17257
COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
03 - !If'!?
Ci(JiC/~
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance on behalf of Community Banks, Plaintiff.
Papers may be served at the address set forth below.
Matthew J. Eshelman, Esquire
Supreme Court ID #72655
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street
Camp Hil\, PA 17011
Phone: (717) 737-3405
Fax: (717) 737-3407
Respectfully submitted,
Date: September 8, 2003
SAIDlS, SHUF-dt WER & LINDSAY
By ~ ~\ \
Matthew J. E~elman, Esquire
Supreme Court ID #72655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. D3 - i.Jp1.f7
e{.J~L ~~~
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: CIVIL ACTION - LAW
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, Community Banks, is 6700 Derry Street,
Harrisburg, Pennsylvania 17111; and that the last known address of Defendant, East Coast Custom
Auto Body, Inc" is 2272 Ritner Highway, Shippensburg, Pennsylvania 17257.
Respectfully submitted,
Date: September 8, 2003
SAIDI'S, SHUFF Ep') ER & LINDSAY
By vJct~.
Matthew J. Eshelrrl"an, Esquire ID #72655
2109 Market Street, Camp Hil\, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff, Community Banks
COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. D3 - l/PJfl Ci"L '-r~
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certifY, to the best of my knowledge, that the Defendant, East Coast Custom Auto Body,
Inc., in the above-captioned action is not presently on active or nonactive military status.
Date: September 8, 2003
Respectfully submitte~,
r
SAIDt~
By:
Matthew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff, Community Banks
R & LINDSAY
COMMUNITY BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 03 - J.fP'IJ
G 'oiL '1'tA."7
EAST COAST
CUSTOM AUTO BODY, INC.,
Defendants
: CIVIL ACTION - LAW
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 Pa. C.S.A. S 2737.1 (Act 105 of2000)
PURSUANT TO 42 Pa. C.S.A. SECTION 2737,1, IF YOU HAVE BEEN
INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED
AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY
FEES AS DETERMINED BY THE COURT.
INSTRUCTIONS REGARDING THE PROCEDURE TO FOLLOW TO STRIKE THE
JUDGMENT ARE SET FORTH BELOW:
Pennsylvania Rule of Civil Procedure 2959 - Striking off Judgment
(a)(l) Relief from a judgment by confession shall be sought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open
it must be asserted in a single petition. The petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred or in
any other county in which the sheriff has received a writ of execution directed to the sheriff to
enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has not
stayed execution despite the timely filing of a petition for relief from the judgment and
the presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3,
(3) If written notice is served upon the petitioner pursuant to Rule 2956.I(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall
be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show
cause and may grant a stay of proceedings. After being served with a copy of the petition the
plaintiff shall file an answer on or before the return day of the rule, The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition
or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440,
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings on
the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which in a jury trial would require the issues to
be submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
You may have other rights available to you other than as set forth in this notice.
You should take this paper to your lawyer at once. If you do not have a lawyer, go to or
telephone the office set forth below. This office can provide you with information about
hiring a lawyer.
If you cannot afford to hire a lawyer, this office may be able to provide you with
information about agencies that may offer legal services to eligible persons at a reduced fee
or no fee.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166 or 1-800-990-9108
Date: September 8, 2003
Respectfully submitted,
SAIDI~, 'fUFF, wtR & LIND:'
By: ~J~ v
Matthew J. Eshe an, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT 0 F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
IVO MARTINOVIC,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
vs.
}
}
}
}
}
NO. 04-4847 Civil Term
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
Notice of Appeal
Notice is hereby given that the Commonwealth of Pennsylvania, Department ofTransportation,
Bureau of Driver Licensing, hereby appeals to the Commonwealth Court of Pennsylvania from the order that
was filed in this matter on February 10,2005. This order is from a statutory appeal and cannot be reduced to
judgment. The order has been entered in the docket and notice of its entry has been given under Pa. R.C.P.
236. A ropy of'" """"ol ortri~ = ,"""'" """". _ I / l )
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.
TERRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Riv.erside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT 0 F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RNERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
vs.
}
}
}
}
}
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO MARTINOVIC,
Appellee
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRNER LICENSING,
Appellant
NO. 04-4847 Civil Term
Request for Transcriut
A notice of appeal having been filed in this matter, the official court reporter is hereby
requested to produce, certifY and file the transcript in this matter in conformity with Pa, R.A.P. 1922.
Prepare only the original for inclusion in the record as the Appellant, Commonwealth of
Pennsylvania, Department of Transportation, Bureau of Driver Licensing, does not desire a copy of the
transcri pt.
r-' J~
j Iv
/'
TfItRANCE M. EDWARDS
Assistant Counsel
Appellate Section
Rivt~rside Office Center - Third Floor
1101 South Front Street
Harrisburg, Pennsylvania 17104-2516
(717) 787-2830
u",::>::>,n02152005 Cumberland County Prothonotary's Office
PYS510 Civil Case Print
2004-04847 MARTINOVIC IVO (vs) PENNSYLVANIA COMMONWEALTH OF
Page
1
Reference No. . :
Case Type.....: APPEAL - LICENSE SUSP
Judgment...... .00
Judge Assigned: BAYLEY EDGAR B
Disposed Desc. :
------------ Case Comments -------------
Filed. . . . . . . . :
Time......... :
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
9/27/2004
8: 26
0/00/0000
0/00/0000
************************************************j'*******************************
General Index Attorney Info
MARTINOVIC IVO
409 1/2 MARKET STREET
NEW CUMBERLAND PA 17070
PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
RIVERFRONT OFFICE CENTER
HARRISBURG PA 17104
APPELLANT
LAUER PATRICK F JR
APPELLEE
********************************************************************************
* Date Entries *
********************************************************************************
9/27/2004
9/30/2004
11/18/2004
11/18/2004
2/10/2005
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
APPEAL FROM SUSPENSION OF DRIVERS LICENSE
--------------------------------------.-----------------------------
ORDER OF COURT - DATED 9/30/04 - IN RE APPEAL FROM SUSPENSION OF
OPERATOR'S PRIVILEGE - IT IS HEREBY ORDERED THAT A HEARING ON THE
MATTER SHALL BE HELD 12/13/04 1:30 PM CR 2 - A SUPERSEDEAS IS
GRANTED PURSUANT TO VEHICLE CODE SECTION 1550(B) (1) UNTIL SUCH
TIME THAT THIS HONORABLE COURT RESOLVES THIS APPEAL - BY EDGAR B
BAYLEY J - COPIES MAILED 10/1/04
-------------------------------------------------------------------
ORDER - DATED 11-18-04 - HEARING ON 12-07-04 - 2:00 PM IN CR 2 -
BY THE COURT EDGAR B BAYLEY J - COPIES MAILED
-------------------------------------------------------------------
PRAECIPE TO REINSTATE COMPLAINT - CATHY ANN CHROMULAK AND SCOTT E
CRAWFORD ESQ ATTYS FOR PLFFS
--------------------------------------------------------------------
ORDER OF COURT DATED 2/10/05 IN RE LICENSE SUSPENSION APPEAL - THE
ORDER OF THE DEPT OF TRANSPORTATION OF DRIVER LICENSING SUSPENDING
THE DRIVING PRIVILEGE OF IVO MARTINOVIC FOR ONE YEAR IS REVERSE -
BY THE COURT - EDGAR B BAYLEY J COPIES MAILED
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
* Fees & Debits BeG Bal pvmts/Adi End Bal *
*****************************************~**************************************
APPEAL LIC SUSP
TAX ON APPEAL
SETTLEMENT
AUTOMATION FEE
JCP FEE
35.00
.50
5.00
5.00
10.00
35.00
.50
5.00
5.00
10.00
.00
.00
.00
.00
.00
55.50
55.50
.00
~*******************************************************************************
, End of Case Information *
:*******************************************************************************
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT 0 F TRANSPORTATION
OFFICE OF CHIEF COUNSEL
VEHICLE & TRAFFIC LAW DIVISION
BY: TERRANCE M. EDWARDS
ASSISTANT COUNSEL
APPELLATE SECTION
ATTORNEY IDENTIFICATION NO. 25231
RIVERFRONT OFFICE CENTER - THIRD FLOOR
1101 SOUTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17104-2516
(717) 787-2830
IVO MARTINOVIC,
Appellee
vs.
}
}
}
}
}
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Appellant
NO. 04-4847 Civil Term
Proof of Service
I hereby certify that I have on this day and date duly served a true and correct copy of the
foregoing documents upon the persons and in the marmer indicated below, which service satisfies the
requirements ofPa. R.A.P. 121:
First Class Mail; Postage Pre-Paid;
Addressed as Follows:
Judge Edgar B. Bayley
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Court Reporter
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
Joseph D. Caraciolo, Esquire
Art. for Appellee Martinovic
2108 Market Street
Camp Hill, PA l7011
~.~ ~-~. a<L~
DANA M. BRESSLER
Appellate Paralegal for Vehicle & Traffic Law Division
Date: February 18, 2005
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