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Home My WebLink About03-6377COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA : Docket No. ?.9,J -~ ~,~ 7 '/ ~ CONFESSION OF JUDGMENT BY COMMERCE BANK/HARRISBURG, N.A. AGAINST SALLY A. TIMMONS Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint flied in this action, the undersigned appears for the Defendant and confesses Judgment in favor of the Plaintiff and against the Defendant in the amount of $2,523.00 plus interest accruing at the rate of eight and three quarters percent (8 3/~%) per annum from July 29, 2003, additional attorneys' fees and costs incurred after July 29, 2003 and all costs of this action. Respectfully submitted, L[6yd~. Perstm, Esquire Sup.~Ct. ID. No. 10139 Met[e, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Commerce Bank/Harrisburg, N.A. appearing herein as Attorneys for Defendant 386389vl COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant : CUMBERLAND COUNTY, · PENNSYLVANIA : Docket No. (f.52).. ~ ~ W'~ IN THE COURT OF COMMON PLEAS, COMPLAINT 1N CONFESSION OF JUDGMENT AND NOW, this -- day of December, 2003, COMMERCE BANK/ HARRISBURG, N.A. files the following Complaint in Confession of Judgment against SALLY A. TIMMONS: 1. Plaintiff is Commerce Bank/Harrisburg, N.A., a national banking institution with offices at 100 Senate Avenue, Camp Hill, Pennsylvania 17001 (the "Bank"). 2. Defendant is Sally A. Timmons, an adult individual residing at 808 Wellington Drive, Carlisle, Pennsylvania 17013 (the "Guarantor"). 3. On or about December 30, 1998, Guarantor executed and delivered to Bank a Commercial Guaranty, guaranteeing and agreeing to act as surety for the payment and performance of certain Indebtedness and obligations of Performance Freight Systems, Inc· (PFS) to Bank. A true and correct copy of the Commercial Guaranty is attached hereto as Exhibit "A" and made a part hereof (the "Guaranty"). 4. Entry of Judgment by Confession is not sought in connection with a consumer credit transaction. 5. The Bank has not assigned the Guaranty. Complaint. The Bank has not entered judgment on the Guaranty prior to filing this 7. The Indebtedness owed by PFS to the Bank was not paid when due and was in default. PFS failed to pay the Indebtedness. 8. The Bank demanded that Guarantor pay the Indebtedness owed by PFS to the Bank. Guarantor failed to make payment as demanded by the Bank. 9. The total amount due under the Guaranty as of December 1,2003 is $2,523.00 plus interest at the rate of eight and three quarters percent (8 ~A%) per annum from July 29, 2003, additional attorneys' fees and costs incurred after July 29, 2003 and all costs of this action. Interest continues to accrue at the rate of eight and three quarters percent (8 ~A%) per annum from July 29, 2003. WHEREFORE, on the basis of the confession of judgment clause contained in the Guaranty, Bank hereby demands Judgment in favor of Bank and against Guarantor in the amount of $2,523.00 plus interest accruing at the rate of eight and three quarters percent (8 ~%) ver anntm~ from July 29, 2003, additional attorneys' fees and costs incurred by Bank after July 29, 2003 and all costs of this action. Respectfully submitted, Sup.. Ct. I.D. No. 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Commerce BankAtarrisburg, N.A. COMMERCIAL GUARANTY EXHIBIT "A" (panul~.uo:)) gSO~;6L& ON ueo'l : a§ed k.LNYEIVfl~ qVlOEFalNINO0 e66t-o~-:~ 12-30-1gg~ COMMERCIAL GUARANTY Pa Loan No 2793088 (Conflnuecl) VERIFICATION I, ANGELA A. MASSER, have read the foregoing document and verify that I have the authority as a Vice President of Commerce Bank/Harrisburg, N.A. to make this Verification on its behalf and that the facts set forth therein are true and correct according to the best of my knowledge, information and belief. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATED: December 4 , 2003 386399vl ~90Vl are as £Ollo,,_ .hereby eertiR, ~ ws. '~Y that the address oft 1CO;~rnerce B he Plainti£f ~ o Senate A ank/tfar~L ~m ~e re~;~ uo1 end~t C~lisli'7~gt~ O~ve ~/013 RespectlhllY SUbtnitted, Llo P.O ~orth Fronf~OOdside Ha,~.' 'x 5950 "' atreet Att ' 5000 10-0950 ~Ys £Or C°rntnerce Bank/t, -~arrisb~.g, ~.4. COMMERCE BANI4UHARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA : Docket No. CERTIFICATE OF RESIDENCE I hereby certify that the address of the Plaintiff and the residence of the Defendant are as follows: Commerce Bank/Harrisburg, N.A. 100 Senate Avenue Camp Hill, PA 17001 Sally A. Timmons 808 Wellington Drive Carlisle, PA 17013 Respectfully submitted, Lloy~VR. Persun, Esquire Sup/Cc ID. No. 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Commerce Bank/Harrisburg, N.A. 386390vl COMMERCE BANKA-IARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant : 1N THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA : DocketNo. ~. ^ ~'9~-)'~) CERTIFICATE OF NON-MILITARY SERVICE I, Angela A. Masser, as a Vice President of Commerce Bank/Harrisburg, N.A., do hereby certify that to the best of my knowledge or information and belief Sally A. Timxrcns, the Defendant, is not a member of the Armed Forces of the United States of America. ~ /~ Angela A. Ma~flf, r 386392vl COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA · Docket : : NOTICE OF ENTRY OF JUDGMENT TO: Sally A. Timmons 808 Wellington Drive Carlisle, PA 17013 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $2,523.00 plus interest accruing at the rate of eight and three quarters percent (8 ~%) per annum from July 29, 2003, additional attorneys' fees and costs incurred after July 29, 2003 and all costs of this action. Prothonotary of CumberI~ind County 386391vl