HomeMy WebLinkAbout03-5129HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
MELLON BANK, N.A., now by assignment,
CITIZENS BANK OF PENNSYLVANIA
8 West Market Street
Wilkes-Barre, PA 18711-0101,
Plaintiff
VS.
SHERRY V. YEARICK RITCHEY and
DENNIS R. RITCHEY
4707 North Clearview Drive
Camp Hill, PA 17011,
Defendants
ATTORNEY FOR PLAINTIFF/DEFENDANTS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -- LAW
1N CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority set forth in the warrant of attorney contained in the original
Unconditional Guarantee, a true and correct copy of which is attached to the complaint filed in
574651.1
this action, I appear for the defendants and confess judgment in favor of the plaintiff and against
the defendants, as follows:
Principal balance on Note ................... $344,779.43
Interest to 09/11/03 ......................... $ 12,463.25
Attorneys' Fees (20%) ....................... $71,448.54
TOTAL .............. $428,691.22
plus interest and costs until paid.
HOURIGAN, KLUGER & QUINN, P.C.
BY:
James T. Shoemaker, Esquire
ID No.: 63871
Attorney for the defendants for the purpose of
this complaint; otherwise, attomey fbr the
plaintiff
ORDER
AND NOW, this ~,~'ay of . f~ ~t~ ,2003, judgment is entered in favor of the
plaintiff, Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania, and against the
defendants, Sherry V. Year~ck Ritchey and Dennis R. Ritchey, in the amount of $428.691.22
together with interest and costs until paid.
Prothonotary
Clerk
574651.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: James T. Shoemaker, Esquire
IDENTIFICATION NO. 63871
LAW OFFICES
500 Third Avenue
Kingston, PA 18704
(570) 287-3000
ATTORNEY FOR PLAINTIFF/DEFENDANTS
MELLON BANK, N.A., now by assignment,
CITIZENS BANK OF PENNSYLVANIA
8 West Market Street
Wilkes-Barre, PA 18711-0101,
Plaintiff
VS.
SHERRY V. YEARICK RITCHEY and
DENNIS R. RITCHEY
4707 North Clearview Drive
Camp Hill, PA 17011,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -- LAW
iN CONFESSION OF JUDGMENT
NO. -
COMPLAINT IN CONFESSION OF JUDGMENT
The plaintiff, Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania, by
and through its counsel, Hourigan, Kluger & Quinn, P. C., hereby complains of the defendants,
Sherry V. Yearick Ritchey and Dennis R. Ritchey, as follows:
574655.1
1. The plaintiff is a Pennsylvania state chartered bank with a place of business at 8
West Market Street, Wilkes-Barre, Pennsylvania 18711-0101.
2. The defendants are both adult individuals having a last known address of 4707
North Clearview Drive, Camp Hill, Pennsylvania 17011.
3. On or about December 15, 1999, the plaintiff agreed to make a loan to Celtic
Moon Publishing, Inc. in the principal amount of $500,000.00 (the "Loan").
4. The aforesaid loan is evidenced by a note (the "Note") dated December 15, 1999.
(A tree and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by
reference.)
5. In order to partially induce the plaintiff to make the Loan, the defendants executed
and delivered to plaintiff an unconditional guarantee (the" Guarantee"). (A tree and correct copy
of the Guarantee is attached hereto as Exhibit "B" and incorporated herein by reference.)
6. The Note has not been assigned, except as set forth above.
7. The Guarantee authorizes the plaintiff to confess judgment against the defendants
in favor of plaintiff for the amount the defendants are liable to plaintiff, with interest, costs and
an attorney's commission of twenty percent (20%), with release of errors.
8. No judgment has heretofore been entered, in any jurisdiction, under the power to
confess judgment under the Guarantee.
9. A default occurred in that the defendants failed to pay all principal and interest,
whereby the plaintiff declared the entire balance of the Note due and payable.
10. The debt due and owing the plaintiff by the defendants is evidenced by an
affidavit of Joseph E. Sweeney, Assistant Vice President of the plaintiff ("Sweeney's Affidavit").
(Sweeney's Affidavit is attached hereto as Exhibit "C" and incorporated herein by reference.)
574655.1
2
11. Judgment by confession is not being entered against the defendants in connection
with a consumer credit transaction. Consequently, the defendants are indebted to plaintiff as
follows:
Principal balance on Note $ 344,779.43
Interest to 09/11/03 $ 12,463.25
Attorneys' Fees (20%) ....................... $ 71,448.54
TOTAL $428,691.22
plus interest and costs until paid.
WHEREFORE, the plaintiff, Mellon Bank, N.A., now by assignment, Citizens Bank of
Pennsylvania, requests that the Prothonotary enter judgment against the defendants, Sherry V.
Yearick Ritchey and Dennis R. Ritchey, in the amount of $428,691.22, together with interest and
costs until paid.
600 Third Avenue
Kingston, PA 18704
(570) 287-3000 (Telephone)
(570) 287-8005 (Facsimile)
Date: -~i?~.,~b~F ~,S , 2003
Respectfully submitted,
HOURIGAN, KLUGER & QU1NN, P.C.
BY:
James T. Shoemaker, Esquire
I.D. No. 63871
Counsel for the plaintiff, Mellon Bank, N.A.,
now by assignment, Citizens Bank of Pennsylvania
574655.1
3
VERIFICATION
I, Joseph E. Sweeney, hereby certify that I am an Assistant Vice President of Citizens
Bank of Pennsylvania. I have the authority to make this verification on its behalf. The facts set
forth in the foregoing confession of judgment and complaint in confession of judgment are tree
and correct to the best of my knowledge or information and belief. I understand that this
statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification
to authorities.
Jose~eney, Assistant Vice President
574648.1
U.S. Small Business Administration
NOTE
SBA Loan #
SBA Loan Name
PLP 346-444-4000
CELTIC FIXN PUBLISHING, llqC.
Date
Loan Amount
Interest Rate
Borrower
$500,000.00
WSJ PRIF~ + 1.00%
CELTIC IqDCN PUI~LISHING, ll%IC.
Operating
Company
Lender
MELLCN BgNK, N.A.
PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of l_.~der the amount of
--------SAND******************************
interest on the unpaid principal balance, and all oth~ amounts required by this Note.
Doll.s,
2. DEHNr£1ONS:
"Colla~ral" means any properly taken as security for payment of Rds Note or any guarutec of this Note.
"Guarantor" means each person or entity ~t signs a 8u=ant~ of payment of this Note.
"Loan" means ~he loan evidenced by this Note.
"Loan Documents" means the cloture:uts related to this loan signed by Borrower, any Guarantor, or anyon~ who
pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United States of,America.
SBAForm 147 (10/22/98) Previous ~dliions obsolct~
EXHIBIT
hF 1/6
PAYMENT TERMS:
Borrower must make alt payments at the plac~ Lender desigaates. The payment t~x~ for this Note are:
The interest rate on this Note will fluctuate. The initial interest rate is 9.50% per year. This initial rote is
the prime rate on the date SBA received the loan application, plus 1.0%.
Borrower must pay a total of 6 payments of interest only on the disbursed principal balance
beginning one month from the month this Note is dated and every month thereafter; payments must
be made on the ! fr' calendar day in the months they are due.
Borrower must pay interest on the disbursed principal balance, plus principal of $5,952.38, every month,
beginning seven months from the month this Note is dated; payments must be made on the
calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the
payment, then to bring principal current, then to pay any late fees. and will apply any remaining balance
to reduce principal.'
Lender may adjust the interest rote for the first time no earlier than the first calendar day of the first
month after initial disbursement. The interest rate will then be adjusted monthly (the "change
period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which a change
occurs, as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 1.0% above the Prime Rate. Lender will'adjust the interest rate on
the first calendar day of each change period. The change in interest rate is effective on that day
whether or not Lender gives Borrower notice of the change.
Lender must adjust the payment amount at least annually as needed to amortize principal over the
remaining term of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes
fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured
payment default, the rate becomes fixed at the rate in effect at the time of purchase.
All remaining principal and accrued interest is due and payable 7 years and 6 months from date of Note.
SBAFo~ 1~.?(10t7,2/95) Pr~viou~ edldo~ ob~olet~
RIGHT TO PREPAY:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary, market,
Bon'owor must:
A. Give l.~nder written notice;
B. Pay all accrued interast; and
C. If the prepayraent i~ raceived less than 21 days from the date Lender receiYes the notice, pay an amount equal to 21
days' inter~st fi'om the date lender receives the notice, less any [nt~s! accrued dur~ the 21 days and paid under
subparaiFaph B.
If Borrower does not p~epay within 60 days from the date Lender r~eives the notice, Borrower must ~ive Lender a
new notice.
DEFAULT:
Borrower is in default uadar ~ Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operafi.ug Cot~pany:
A. Fails to do anyth~g sequired by this Note and other Loan Documents;
B. Dofaulte on any other loan with Lande~,
C. Does not praserve, or account to Lender's satisfaction for, any of th~ Collalm'al or its proceeds;
D. DOes not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA.;
E. Makes, or anyone actin8 on their behalf makes, a matsrially falso or misleading rapmscmation to Lender or SBA;
F. Dofaults on any loan or ag~ment with another creditor, if Lender believes th~ defanlt may materially affect
Borrowor's ability to pay this Note;
O. Fails to pay any taxes when due;
Becorn~ the subject of a proce~;~g under any bankruptcy or imolv~cy hw;
L Has a receiver or liquidator appointed for any pan of their business or property.;
$. Makes an assignment for the b~'nefit of creditors;
K. Has any advers~ ch~e in ti,~ncial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. R¢org~ntTes, m~.'rges, comolidatss, or othemdse chanies ownership or business stmctura without I.z-ader's prior
M. Beenmas the subject of a civil or criminal action that Lander believes may materially affect Borrower's ability to
pay this Note.
LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, l_~nder may:
A. Requir~ immediate payment of all amounts owing undar this Note;
B. Collect all amounts owing from any Borrower or Guarantor,
C. File suit and obtainjua~eut;
D. Take possassio~ of any Coilateral; or
E. Sell, lease, or othen~dse dispose of, any Collateral at public or private sale, with or without advertisement.
SBA Form 147 (10/22/~) Pr~viou s editions obsola~ pa$~ 3/6
7. LE-NDER'S GENERAL POWERS:
Without notice end without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another licnholdcr, at any price it chooses;
B. Incur expenses Uscollect amounts due under th/s Note, er~orce the terms of this Note or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, mviroumantal remediation costs, and reasonable attorney's
fees and costs. If Lender incura such expenses, it may d~mand immediate repayment fi.om Bon'ower or add the
expenses to the principal balance;
C. Release anyone obligated to pay th.is Note;
D. Compromise, release, ranew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
8. WHEN FEDERALLAWAPPL1ES:
Whan SBA is the holder, this Note will be interpreted end enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, fo~closing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from ~rate or local
con~xol, penalty, tax, or liability. As to this Note, Borrower m~y not claim or a~sert against SBA any local or state law
to deny any obligation, defeat any claim of.SB& or preempt federal law.
SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include th~ succ~saor~ of eacb~ and Lender includes its successors
and esaigns.
10. GENERAL PROVISIONS:
A. All individuals and entities signing this Note ar* jointly a~d severally liable.
B. Borrower waives all su~tysh~p defenses.
C. Borrower must sign all d~cuments necessary at any time to cumply with the Loan Documunts and tn enable
Lender to acqu/re, pe~'fect, or maintain Lender's lie~s on Collatorel.
D. Lender may exercisa any of its rights separately or toseth~r, as many tinzs and in any order it chooses. Lender
may delay or forgo enforcing any of its fights without giving up any of them,
E. Borrower may not usa an oral statement of Louder or SBA to contrediot or alter the written terms of this Note.
F. If any pert of this Note is unenforceable, ail other ports remain in effect.
To tho extent allowed by law, Borrower waives ell demands end notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also wa/yes any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fab' market valun of Collateral at a sale.
SBA Form 14/(B~22/98) previous editions obsolets~ Pase 4/6
11. STATE-SPECIFIC PROVISIONS:
THE CONFESSION OF ~rUDGMENT BELOW IS PART OF THIS OBLIGATION.
THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY
OR CLERK OF ANY COURT OF RECORD IN THE UNITED STATES OR
ELSEWHERE TO APPEAR FOR AND, WITH OR WITHOUT DECLARATICM FILED.
CONFESS SUDGIvflENT AGAINST THE UNDERSIGNED IN FAVOR OF THE
HOLDER, ASSIGNEE OR SUCCESSOR OF HOLDER OF THIS NOTE, AT ANY
TERM, FOR THE FULL OR TOTAL AMOUNT OF THIS NOTE, TOGETHER WITH
ALL "INDEBTEDNESS" PROVIDED FOR THEREIN, WITH COSTS OF SUIT AND
ATTORNEY'S COMMISSION OF TEN (10) PERCENT FOR COLLECTION; AND THE
UNDERSIGNED EXPRESSLY RELEASES ALL ERRORS, WAIVES ALL STAY OF
EXECUTION, RIGHTS OF INQUISITION AND EXTENSION UPON ANY LEVY LrPON
REAL ESTATE AND ALL EXEMPTION OF PROPERTY FROM LEVY AND SALE
UPON ANY EXECUTION HEREON, AND THE UNDERSIGNED EXPRESSLY
AGREES TO CONDEMNATION AND EXPRESSLY RELINQUISHES ALL RIGHTS
TO BENEFITS OR EXEM2PTIONS UNDER ANY AND ALL EXEMPTION LAWS NOW
IN FORCE OR WHICH MAY HEREAI- t~:R BE ENACTED.
SBAFonm 147(10/'22/9g) Previouse. difio~obs~l~l~
12. BORROWER'S NAME(S) AND SIGNATURE(S):
By si~minff below, each individual or ~ntity becomes obligated under this Note as Borrower.
Attest: Dennis R. Ritchey,
CELTIC MOON PUBLISHING, INC.
By! Sherry )g.¥. Ri[chey, President
Address:
4720 Carlisle Pike
Mechaoicsburg, PA 17055
(Corporate Seal)
SBAFmm 147 (I0r22/~) P~wioua e. dilioas obsol~ ps~ ~
U.S. Small Business Artminlstration
UNCONDITIONAL GUARANTEE
SBA Loan #
SBA Loan Name
Guarantor
Borrower
PLP 346-444-4000
CELTIC FtXlq IaJI~LISHIIqG, INC.
Shl:~qx~ RI'KIHEY
Lender
I,~'~3t"~q l~lqK, N.A.
Data
Note Amount
$500,000.00
1. GUARAN l~-~:
C. maramor unconditionally ~m'antees payment m Lender of all amounts owi~ under tl~ Note. This Gnaruntee mm,i,~
ia effeot until the Not* is paid in fall. C, uamator must pay all amounts due under the Note when Lender malc~ writmn
d~mand u!xm C, tmranton 2Mnder is not req~ir*d to seek payment f~m any other source befor* d~manclinl~ paym~ from
Guarantor.
Th~ "Not*" is the promissory note dated ~'~'~'/g~'~'~',,~r /.~'ff /~ ~e~mmtof
~~~00/100 *********************
~m Bo~ m ~. It ~cl~ my as~fi~ ~, mb~o~ ~ ~h~ of ~e No~, ~ m~fiple
noms ~ a ~e of
DEFINITIONS:
"Collatmml" meam any property taken us secu~/~y for pa~ of ~ Not* or my ~t~ of ~ Not*.
"Lo~" ~ ~e lo~ ~id~d by ~e Note.
'~o~ ~" ~ ~e ~c~ ~Ia~d to ~e Lo~ si~d by B~wer, ~ ~ ~ o~ ~, ~
~yme who pledges Colh~.
"SBA" m~ ~e S~ B~s A~fio~ ~ A~ncy of~e U~ted S~t~s of ~ca.
EXHIBIT
I.J~IDl~'S GE~_.,RAL POWER.S:
Lander may mice any of the followi~ ac~om at ~y ~e, ~ut ~ce, ~ ~tor's c~ ~d ~out
~ ~d ~ ~r:
A. ~ ~ ~ of ~ Note ~ ~ o~ Lo~ ~c~t ~t to ~e ~ ~o~ ~e ~d~ ~ ~o~;
B. ~ ~m ~g2ny ac~on on ~e Note, ~ Co~ or ~y ~e;
C. ~ ~y B~ ~ my ~ of ~e Note;
D. ~e ~ ~e wi~ ~ Bo~wg or ~y ~r of ~ No~;
B. S~ ~ ml~e ~y of ~ ~, wh~ ~ ~t ~ ~ves m~ ~ ~;
F. F~clo~ ~on or o~ o~;~ ~d ~o~ of, my Co~ at ~b~c ~ ~te s~e, ~ or
Bid ~ ~ at my ~e of ~ by ~ ~ ~ o~ ~I~, at my ~ ~ c~os~; md
~e~ a~ ~ not ~l~e ~ ~d~e ~ obli~a~~ of ~ or ~ate ~ ~ er cl~ ~ L~.
I~P.~ERAL LAW:
When SBA is the holder, the Note and ~ Guar~tee ~ be consW~d and e~forced un&r federal law, inciud~s SBA
r~q~a~ons. Lender or SBA may use state or local procedures for ~, pa~, r~cordin8 documan~s, ~ivin~ notice,
for~closin~ limm, and other purposes, By usin~ such procedu~s, SBA does not waive any red.al im~.a~ty f~m state or
local co~rol, panaRy, tax, or llebfliry. As to this Gum~ntee, GuarantOr may not claim or ass~a't any local or sm~ law
a~inst SBA to &ny any obligation, defeat any claim of SBA, or preempt federal law,
RICH-iTS, NOTICES, A.ND DEIq:~NSE$ THAT GUARANTOR WAIVES:
To the ~ p~,',,&ted by law,
A. Guarantor waives all riSats to:
1) Require prer~ntmant, protest, or d~mand upon Borrower,
2) Redeem any Collateral before or ~ Lender disposes of it;
3) I-'Iave any disposi~on of Collateral advertised; and
4) Requir~ a valuation of Colla~ral beton or after Land~r disposes of
B. C~arantor waives my notice of:
1) Any &fault under the Note;
2) Pr~mtm~t, dishonor, protest, or
3) Exmution otth~ Note;
4) Any action or inaction on thc Note or Collat~ai, such as disbors~mants, paym~g nonpayment, acclimation,
inter to accelerate, ass~t, collation activity, and incurring e~fom~n~nt
5)Any ch~,~g~, in the £mancial condition or busings op~ratiom of Borrovmr or any guarantor,
6) Any ch~,s in th~ te~ms otthe Note or odmr Loan Dacumants, exo~'~ hm'~a~ in the amo-~t~ du~ uncle' th~
Note; and
7) Th~ ting or place o£ any sale or other dispoaition of Collateral
C. Guanmtor walvas d~f~.se.s based upon any claim that:
1) I.~der failed to obtain any guaram~;
2) L~d~r failed to obtain, perfect, or maintain a s~utity inter,st in any property offend or taken as Golla~m'al;
3) Lander or others improperly valued or iml~cted thc CoLlaterai;
4) Th~ CoL!ateral changed in value, or was n~.lected, lost, des~oyed, or und~imur~d;
SBA Form 14~ (10/95) Pr~viou~ ~litiom obml~t~. Pag~ 2~
~0)
11)
~2)
1~)
Lender impaired the Collam-al;
Len~' did not dispose of any of the Collateral;
Lender did not conduct a comn~lly reasonable sale;
L~der did not obtain ~he fair market value ofth~ Collateral;
L~nder did not make or pm'/ect a chhn upon ~1~ dezth or disability of Borrower or any 8uarmtor of ~
Note;
The ti-~mc~al condition of Borrower or any guarantor wa~ ov~a2d or has adversely changeck
Leuder mac~ errors or orni~ons in Lean Documm~ts or ackniai,stration of the Loan;
I. an&-r did no~ seek paymma~ from th~ Borrower, my other guarmatom, or any Collaleral before cletmmding
Not~ to ~ ~he amounts d~ mcl~r th~ Not~ v, dthout Cm~rantor's consent, Cmarantor will nol be liabl~
for the increased amours a~d ~lated i~i a~d ~ but ~mains liable for all other amounts;
Bormw~ h~ avoi&d liability on the Not~; o~
DD 11~ AS TO COLLAIm~L:
Cmmantcr vdll pr~m~ tim Collat~-al pledged by Csuamutor to secm~ this Gmtan~.e. L~nd~r has no duty to pr~s~'v~ or
disposa of any Colhtml.
SUCCESSORS AND A~$Ii~S:
Under this Guarantee, Guarantor in~ludes he/ts md sue, cessors, and Leml~ includes its s-,gc~sso, and assi/ms.
GENEI~L PROVII/IONS:
A. I~'qFOR~E1MENT EXPENSES. Guarantor pwmi.~.s to pay all expenses Lender incurs to e~'orc~ this Guaran~e.,
inol~d~g~ bm ~ot limi~d ~o, aVa~mey's fees and ~os~.
B. SBANOTACO.43UARA.NTOR. Gu~or's llability will ~ont/nue even if SBA pays Lender. SBA is not a co-
guarantor with Guarantor. Guarantor has no right of comribution from SBA.
C. SUBROGATION RIGHTS. Guaran~rhasnosubwgationrightsastoflgNoteortheCollaterai~mfil~No~
paid in f~l.
D. $OllqTA.ND~LIABK,1TY. Allilldivid~l~andmliig~.~?in~asGuarantorarejoint~andsevmally
liabl~.
Docum~ts and to ~uabl~ Iaud~r to acquire, p~t, or maiutain/.a~d~r's lim~ on Collateral.
tog~lm', as many ~imes
impairing any or' ~
H. ORAL STAIP,-MI~'qTS NOT BINDING. Guarantor may ~ot m~ an oral stat~m~mt to coulxadi~t or alter th~ wri~n
re'ms of lira Note or
L $~N..IrY. If any part of this Cnmran~ is found to I~ unm~fox~eabl~, all other part~ will re~,~in ~ ~
I. CONSIDERATION.' TI~ cor~idm, ation for this Guarantee is 6ae Loan or my aocommndalio~ by L~nd~r as ~ ~
SBA Fo~m 14~ (10~98) P~viom ~difiom obsol~. Ps~ ~/~
C¸ C:
11., ~'UARANTOR ACKNOW~.'arKE~iHr OF TERMS.
Guarantor aolmowledges that Gua~s~or lms re, ad and unclers~mds the signifioa~o of all terms of the Note and this
12. GUARANTORNAME(S) AND SIGNATURE(S):
By si~i,~E below, ~achindividual or en~ity-becom~s obligated as Ouaramor tmdar ibis Guarantee.
Witness:
Ri~y
4707 North Clearview Drive
C~ Hill PA 17011
· ~
4707 Nc~ch Clearvie~ Drive
Ca~ Hill PA 17011
SBA Fot, m 148 (10,98) Pr~ious
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF LUZERNE :
I, Joseph E. Sweeney, being duly sworn according to law, depose and say that I am an
Assistant Vice President of Citizens Bank of Pennsylvania. I am duly authorized to make this
affidavit on its behalf. On September 11, 2003, the amount owed to Mellon Bank, N.A., now by
assignment, Citizens Bank of Pennsylvania, pursuant to the Note, was as follows:
Principal balance on Note ................... $344,779.43
Interest to 09/11/03 ......................... $ 12,463.25
Attorneys' Fees (20%) ....................... $ 71,448.54
Sworn to and subscribed
before me this eh ~ day of
~~r' ,2003.
IEItRI C. S~'r:i. N0~ Public
~ ~- Luam* C~
TOTAL ........ $428,691.22, plus
interest, fees and costs
, Assistant Vice President
574657.1
EXHIBIT "C"
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF LUZEKNE :
I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, being duly
sworn according to law, depose and say that the last known address of the defendants is as follows:
Sherry V. Yearick Ritchey
4707 North Clearvicw Drive
Camp Hill, PA 17011
Sworn to and subscribed before me
this ~2-2) day of ~ [~(, 2003.
NOTARIAL SEAL
TEffill C. SMITH, Nota~ Public
~e $oro- Luzerne County
My Commission Expires Feb. 02, 2004
Dennis R. Ritchey
4707 North Clearview Drive
Camp Hill, PA 17011
weenol,. Assistant Vice President
/--
AFFIDAVIT OF
NON-MILITARY SERVICE OF DEFENDANTS
COMMONWEALTH OF PENNSYLVANIA:
:SS
COUNTY OF LUZERNE :
I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, being duly
sworn according to law, depose and say that I did investigate the status of Sherry V. Yearick
Ritchey and Dennis R. Ritchey with regard to the Soldiers' and Sailors' Civil Relief Act of 1940.
To the best of my knowledge or information and belief, Sherry V. Yearick Ritchey and Dennis R.
Ritchey are not now, or were they within a period of the last three (3) months, in the military or
naval service of the United States within the purview of the Soldiers' and Sailors' Civil Relief Act
of 1940.
Sworn to and subscribed
before me this ~1~_~ day of
vr' ,2003.
Not.arv~u. bli_~.c ....
NOTAR'.AL SEAL
TERRI C. SMIT:~, No,ar/Public
574660
IVEy Commission Ex~ires Feb. 02, 2004
!,~e~rrl'ptg. Swee~4, Assistant Vice President
CERTIFICATION OF COMMERCIAL TRANSACTION
I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, depose
and say, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to
authorities, that the underlying transaction relative to this complaint in confession of judgment is a
commercial transaction to the best of my knowledge or information and belief.
Jo~eeney~'~sistant Vi~cel/}P~rresident
Prothonotary
Court of Common Pleas
Cumberland County Courthouse
Carlisle, PA 17013
CUMBERLAND COUNTY PENNSYLVANIA
TO:
Sherry V. Yeat/ck Ritchey
4707 North Clearview Drive
Camp Hill, PA 17011
Dennis R. Ritchey
4707 North Clearview Drive
Camp Hill, PA 17011
AS PRESCRIBED BY LAW, YOU ARE NOTIFIED THAT A JUDGMENT HAS
BEEN FILED IN THIS OFFICE AGA1NST YOU BY CITIZENS BANK OF
PENNSYLVANIA 1N THE AMOUNT OF $428,691.22, TOGETHER WITH INTEREST
FROM SEPTEMBER l 1, 2003, AND COSTS UNTIL PAID, ON THE __ DAY OF __
,2003.
Yours truly,
Prothonotary
574647.1
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY: JAMES T. SHOEMAKER, ESQUIRE
IDENTIFICATION NO. 63871
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
MELLON BANK, N.A., now by assignment,
ATTORNEY FOR pLAINTIFF
IN THE COE~RT OF COMMON PLEAS
CITIZENS BANK OF PENNSYLVANIA
8 West Market Street
Wilkes-Barre, PA 18711-0101,
Plaintiff
VS.
SHERRY V. YEARICK RITCHEY and
DENNIS R. RITCHEY
4707 North Clearview Drive
Camp Hill, PA 17011,
Defendants
OF ,CUMBERLAND cOUNTY
CIVIL ACTION -- LAW
IN CONFESSION OF JUDGMENT
NO. 03-5129 Civil
AFFIDAVIT OF RETURN OF SERVICE, BY MAIL
On October 1, 2003, I mailed the requisite 2958.1 Notice via certified mail, return receipt requested,
and regular mail to Defendants, Sherry V. Yearick Ritchey and Dennis R. Ritchey. Dennis R. Ritchey signed
both the return receipts upon delivery and the receipt, attached here as; Exhibit "A" was returned by the post
office on October 3, 2003.
I make these statements pursuant to 18 PA. Cons. Stat. §4904 relating to unsworn falsification to
authorities and understand that false statements may subject me to criminal penalties under that statute.
HOURIGAN, KLU~ QUINN, P.C.
James T. Shoemaker, Esquire
Attorney for Plaintiff
swoP To this
ROSEMARIE McCOY, NOTARY PUBLIC I
578001.1
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Detivery is desired.
· print your name and address on the reveme [] Agent
SO that we can return the card to you.
· Attach this card to the back of the mallpiSOe, [] Addressee
or on the fl'ont If space permits, s different from item 1 ? [] Ye~
1. Article Addressed~g~ if YES, E~ter clellvsry address below: i"l No
f ~ ~" ~ [] Cert~l ' Memh~nd se
[] Registered [] R~urn Receipt for
/ ~ [] Insured Mail [] C.O,D.
.,~.'~,~ .~ -- ~ ~ 4. Restricted Delivery? (Extra F~e) [] Yes
~. ~.,c,~co~x,~, 7002 2410 0006 1663 799
HOURIGAN, KLUGER & QUINN
A PROFESSIONAL CORPORATION
BY; JAMES T. SHOEMAKER, ESQUIRE
IDENTIFICATION NO. 83871
LAW OFFICES
600 Third Avenue
Kingston, PA 18704
(570) 287-3000
ATTORNEY FOR PLAINTIFF
MELLON BANK, N.A., now by assignment,
CIT/ZENS BANK OF PENNSYLVANIA
8 West Market Street
Wilkes-Barre, PA 18711-0101,
VS.
SHERRY V. YEARICK RITCHEY and
DENNIS R. RITCHEY
4707 North Clearview Drive
Camp Hill, PA 17011,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -- LAW
IN CONFESSION OF JLTDGMENT
NO. 03-5129 Civil
AFFIDAVIT OF RETURN OF SERVICE BY MAIL
On October 1, 2003, I mailed the requisite 2958.1 Notice vi-~t certified mail, return receipt requested,
and regular mail to Defendant, Dennis R. Ritehey. Dennis R. Ritchey signed the return receipt upon delivery
and the receipt, attached here as Exhibit "A" was returned bythe post office on October 3, 2003.
I make these statements pursuant to 18 PA. Cons. Stat. §4904 relating to unsworn falsification to
authorities and understand that false ~ate, ne~ may subject me to c~ninal penalties under that statute.
SWORN TO this (~ ~
day of October, 2003.
Notm'y Public
57g645.1
HO URIGAN._,_y:TJ.,I ._/~.[~l['~' 9UINN, P.C.
James T. Sho0maker, Esquire
Attorney for Plaintiff
· Complete items 1, 2, and 3. Also complete
item 4 it Restricted Delivery is desired.
· Print your name and address on the reveme
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
' 2. ,a~ticle 7002 2410
PS Form 3811, July 1999
[] Ag?nt
[] Aderessee
If YES, enter delivery address below: [] NO
3. Service Type
[] Certlfle:l Mail [] Express Mall
[] Registe,red [] Return Receipt for Merchandise
[] C.O.D.
4. Restricted Deliver/? (Extra Fee) [] Yes
0006 1863 8002
Domestic Return Receipt
102595-00-M-0952