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Home My WebLink About03-6379COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant 1N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DocketNo. O._~'" do '7q CONFESSION OF JUDGMENT BY COMMERCE BANKA-IARRISBURG, 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 filed 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 $7,244.20 plus interest accruing at the rate of nine and one quarter percent (9 ¼ %) ver annum from July 29, 2003, additional attomeys' fees and costs incurred after July 29, 2003 and all costs of this action. Respectfully submitted, LloydJ~. Persun, Esquire Sup.~t. I.D. 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 386401vl COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA : : Docket No. COMPLAINT IN 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 xn&wdual residing ~8 c~ '" Wellington Drive, Carhsle, Pennsylvanm 17013 (the Guarantor ). 3iL-. £~.~ ~-( 3. On or about M~ch 29, 2001, Gu~antor executed and delivered to Ba~ 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 Bamk 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 $7,244.20 plus interest at the rote of nine and one quarter percent (9 ¼ %) 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 nine and one quarter percent (9 ¼ %) ~ annum from July 29, 2003. -2- 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 $7,244.20 plus interest accruing at the rate of nine and one quarter percent (9 ¼ %) per annum from July 29, 2003, additional attorneys' fees and costs incurred by Bank after July 29, 2003 and all costs of this action. Respectfully submitted, Eloy~tR. Persun, Esquire Sup/Ct. I.D. No. 10139 Me~te, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Commerce Bank/Harrisburg, N.A. COMMERCIAL GUARANT\ Principal. · Loan Date .! . Meturlt¥.',l Loan No .' c.:,. c=:, Ac=aura ~.=./,~ftl~r.J-JRItl~a ' , "' . "':,~ ,'.'., .... ' ' ~ , · ~':~'~ I ':' '.. Borrower: Performance Freight systems, Inc. (TIN: Lender: 23-2~89478) P,O. BOX 50D6 Guarantor: Sally A. TImmona (SSN; 209*46-0069) 808 Wellington Drive Carlisle, PA 17013 COMMERCE BANK~-IARRISBURG N,A. COMMERCIAL BUSINESS DEPARTMENT (717) §75-5630 AMOUNT OF GUARANTY. This is a guaranty of payment of 1~,000% of the Note, Including without limitation the principal Note amount of Two Hundred Thousand & D0/100 Dollars GUARANTY. For good end valuable consider'etlon, SatJy A. Timmons ("Gul~rantor') absolutsiy and unoondlflonalJy guarantee~ and pmmise~s to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender") or its order, In legal telqder of the United States of America, 100.000% of the EXHIBIT COMMERCIAL GUARANTY (Continued) Page 2 COMMERCIAL GUARANTY (Continued) Page 3 THAT THIS GUARANTY IS AND SHALL CONSTIT[JTE AND HAVE THE EFFECT OF A SEALED iNSTRUMENT ACCORDING 'TO ~AW, G~JARANTOR: COMMERCIAL GUARANTY (Continued) Page 4 INDIVIDUAL ACKNOWLEDGMENT .. Yo~ Tw~ Y~rk CoUr~ty 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. Angela A. Ma~er DATED: December ~ ,2003 386394vl COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMMONS, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Docket 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, Lloyd,g. Persun, Esquire Sup.~t. ID. No. 10139 Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232°5000 Attorneys for Commerce BarfldHarrisburg, N.A. 386390vl COMMERCE BANK/HARRISBURG, N.A., Plaintiff SALLY A. TIMh, DNS, Defendant : 1N THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, · PENNSYLVANIA : Docket No. ~ ~ ~ ~ ~ c) 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. Timmens, the Defendant, is not a member of the Armed Forces of the United States of America. ~J Angela A. Mass~ 386392vi COMMERCE BANK/HARRISBURG, N.A., Plaintiff : 1N THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, : PENNSYLVANIA V. SALLY A. TIMMONS, Defendant 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 $7,244.20 plus interest accruing at the rate of nine and one quarter pement (9 ¼ %) per annum from July 29, 2003, additional attorneys' fees and costs incurred after July 29, 2003 and all costs of this action. Date ~ Prothonotary oi C~l~erl~d ( ty 386403vl