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HomeMy WebLinkAbout08-4354Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert. kodak@kodak-imblum. com Attorney for Plaintiff PENNSYLVANIA STATE BANK, now by : IN THE COURT OF COMMON PLEAS by reason of acquisition known as PENNSYLVANIA STATE BANK, a Division of BLC BANK, N.A. Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 435} Civi12008 JOSE L. CHACON and LISA K. LAMP- :CIVIL DIVISION -LAW CHACON Defendants :CONFESSED JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of authority, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess Judgment in favor of Plaintiff and against Defendants as follows: Principal Amount Due ............................... $ 75,494.19 Interest Amount Due to 7/16/2008 @ 7.00% ............... $ 4,301.08 Late Fees ........................:................. $ 1 076.44 Attorney Collection Fees TnTAT. Judgment entered as above. Pte. ............................. $ 8.187.17 .................. ...... 9 8.88 Robert D. Kodak, Esquire Attorney for Defendants .a ~ PENNSYLVANIA STATE BANK, now by : IN THE COURT OF COMMON PLEAS by reason of acquisition known as :CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE BANK, a Division of BLC BANK, N.A. Plaintiff v. NO. Civi12008 JOSE L. CHACON and LISA K. LAMP- CHACON Defendants CIVIL DIVISION -LAW CONFESSED JUDGMENT CONFESSED JUDGMENT COMPLAINT Plaintifffiles this Complaint pursuant to Pa. R.C.P. No. 2951(b) for Confession of Judgment and avers the following: 1. Plaintiff is Pennsylvania State Bank, a financial corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, now, by reason of acquisition known as Pennsylvania State Bank, a Division of BLC Bank, N.A.. 2. The Defendant, Jose L. Chacon, is an adult individual with an address of 202 Chester Road, Enola, Cumberland County, Pennsylvania 17025. F:\USER\BONNIEJO\PSBICONFJUDG\Chaconlconf jdg comp.wpd:17Ju108 3. The Defendant, Lisa K. Lamp-Chacon, is an adult individual with an address of 202 Chester Road, Enola, Cumberland County, Pennsylvania 17025. 4. In an effort to induce Plaintiff to extend credit to Defendant, Defendants did, on or about August 18, 2004, execute a Promissory Note in the sum ofEighty-One Thousand ($81,000.00) Dollars, plus interest at Seven (7.00%) Percent per annum. Attached hereto at Exhibit "A" and made a part hereof is a true and correct copy of the original Promissory Note duly executed by Defendants. 6. Defendants did further, on August 18, 2004, each initial and sign a Disclosure for Confession of Judgment. Said Disclosures for Confession of Judgment are attached hereto, mazked respectively as Exhibits "B" and "C" and made a part hereof. 7. The attached instrument has not been assigned. 8. Judgment has not been entered on the attached instrument in any jurisdiction. 9. The Defendants are indebted to Plaintiff in the amount of Eighty Thousand, Eight Hundred Seventy-One Dollars and Seventy-One Cents ($80,871.71) for which no timely payment F:\USER\BONNIEJO\PSB\CONFJUDG\Chacon\conf jdg comp.wpd:17Ju108 3 has been received, which constitutes a default thereunder whereby Plaintiff exercises its option to declare the entire balance covered by the within instrument immediately due and payable. 10. Due to Defendants' default in payment as aforesaid, and pursuant to the terms and conditions of the Promissory Note attached hereto at Exhibit "A"and made a part hereof, Defendants are further liable for attorney's fees in the amount of Eight Thousand, One Hundred eighty-Seven Dollars and Seventeen Cents ($8,187.17). 11. In spite of Plaintiffs frequent demands, the Defendants continue in default under the aforesaid obligations. 12. By virtue of the foregoing, the Defendants are indebted to the Plaintiff as follows: Principal Amount Due ... ............... $ 75,494.19 Interest Amount Due to 7/16/2008 @ 7.00% ............ $ 4,301.08 Late Fees ...... Attorney Collection F • . , . , .. • ~ ' ' ' ' ' ' ' ' ' • • • • • $ 1,076.44 ees .......... 8187.17 TOTAL ........................................... 89 058.88 13. Pursuant to the terms and conditions of the Promissory Note attached hereto at Exhibit "A" and made a part hereof, interest continues to accrue on said account at the rate of Seven (7.00%) Percent per annum from July 16, 2008. F:\USER\BONNIEJO\I'SB\CONFJUDG\Chacon\conf jdg comp.wpd:17Ju108 4 r~ PROMISSORY NOTE ~ „P~L~~ipa1 `. Loa11`;Date ? Matu)•~ty Load :Nq calti coil Account Officer initials;' ...=~,589.`,OOO.QQ 0$..18 2004: .Q8 20:.2Q~.4 -,65000101 , References in the shaded area are for Lender's use onty grid do not limit the a 65000101 p11yL, Any item above conlamtng `•••• has been omitted due o le t lengthdltmilalior~slo any particular loan or dam. BOrrOWer: Jose L. Chacon (SSN: 210-54-4720) Lisa K. Lamp-Chacon (SSN: 175-48-4377) Lt?ndt?!: PENNSYLVANIA STATE BANK 11 E Manor Avenue East Pennstwro Financial Center Enola, PA 17025 715 Wertzvllle Raad y Enola, PA 17025 tuY ~~ih (717)703-2800 M' Principal Amount: $81,000.00 Interest Rate: 7.000% ~~oo Date of Note: August 1 Opq ~ PROMISE TO PAY. Jose L Chacon and Lisa K. Lamp-Chacon ("Borrower") )oinlly and several) fvlalurily Oale: August 20, 20241'iy' BANK ("Lender"), or order, In lawful money of the United Slates of America, the principal amounlpof rEighty--one ThousandS6 00/ 00 D I ors .1rr (581,000.00), together with Interest at the rate of 7.000Y. per annum on the unpaid principal balance Irom August 18, 2004 . PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: The prinicpal sum of 581,000.00, together with Interest as hereinafter provided on the principal balance outstanding al any lime, calculated on the basis of a 380 day year, shall ha payable In consecutive monthly installments, commencing on September 20, 2004, and continuing on the 20th day of each month thereafter until August 20, 2024. Commencing from the date hereof and continuing until August 20, 2009, princlpal and Interest in arrears at the rate of seven percent (7.OON.) per annum on the outstanding prinicpal balance shalt be payable in equal monthly Installments of $633.18 on the 20th day of each month, each such payment to be applied tits) to the payment of interest on the outstanding prlncipal balance, hosed on an agreed twenty (20) year amortization. Thereafter, the interest rate payable on the principal amount of the Loan then outstanding shall be a rate as offered by the Lender in Its sole discretion, and the amount of the monthly installments of prlncipal and Interest shall be such as have been agreed between the Borrower antl the Lender. If the Lender .chooses not la offer a fixed rate, or the Borrower does not acept the rate, if any as offered by the Lender, the rate of Interest payable on the loan for the remainder of the loan term shall be two percent (2.OOy) plus the base interest rate announced Irom time to time by Pennsylvania State Bank, as Its `Base Lending Rale", such Interest rate under Ihls note to be ad)usted when and as said base interest rate changes. Principal and interest, at the rate above slated, shall be paid by Borrower to Lender in consecutive monthly installments commencing on September 20, 2009, and continuing on the 20th day of each month (hereafter until August 20, 2024. Monthly payments of principal and Interest shall be calculated and ad)usted quarterly (provided the Lender reserves the right to change more frequently than quarterly if necessary to avoid negative amortization) based upon the following: (1) Pennsylvania State Bank's Base Lending Rate plus two percent (2.00%); (2) the prlncipal remaining unpaid; and (3) the remaining amortization term of the loan. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest then to principal; then to any unpaid collection costs; and then to any late charges. The annual Interest rate tar this Note Is computed on a 365/360 basis; that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding princlpal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or al such other place as Lender may designate In writing. PREPAYMENT PENALTY; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Nole, Borrower understands Ihril Lender is entitled to a minimum interest charge of 57.50. Upon prepayment of this Note, Lender Is entitled to the lollowing prepayment penalty: II for any reason you should prepay the Loan a prepayment penalty shall be Invoked. Such prepayment fee shall be payable at the time of prepayment In an amount calculated by Lender equal to Ilve percent (5%) of any amount prepaid during the first year of the Loan; lour percent (4X) of any amount prepaid during the second year of the Loan; three percent (aye) of any amount during the third year of the Loan; two percent (27G) of any amount during the fourth year of the Loan and two percent (2y.) of any amount during the filth year of the Loan. Borrower may prepay this Loan without penalty from Internally generated funds, which shall Include the sale of the collateral. Other than Borrowers odigation to pay any rtrnimum interest charge and prepayment penalty, Borrower may pay all or a portion a the anaunl owed earlier than it is due. Eariy payments will not, unless agreed to by Lander in writing, relieve Borrower of Borrower's obligation b axitlnue to make payments under the Payment schedule. Rather, early payments wdl reduce the principal balance due and may result h Borrower's makhg )ewer payments. Borrower agrees not h send Lender payments marked 'pakl h lu4", 'without recourse, or similar language. II Borrower sends such a payment, Lerxler may accept it wi0wul losing any of lender's rlghls under this Note, and Borrower wiq remain obligated to pay any lusher amount owed to Lender. All wri0en communkalions concernhg disputed amounts, including any check or other payment Instrument that indicates that the payment constitutes 'payment h IWI• of the amount owed or that is tendered with other coritlitions or Ilmilalions or as full satisfaction of a disputed amount must be matted or delivered to: Pennsylvania Slate Bank, 2148 Market Street, P.O. Box 487 Camp HiB, PA 17001-0487. LATE CHARGE. 11 a payment is 15 days or more Isle, Borrower wAl t>a charged 10.000°/. of the regularly scheduled payment or =50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including Iatlwe to pay upon final maturity, the total sum due under this Note will bear interest Irom the dale of acceleration br maturity at the interest role on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. Each of the IoBowing shall constitute an avant of default ('Event of Delaull•) under this Note: Payment Default. Borrower lat7s W make any payment when due under This Nole. Other Delaulta. Borrower (aAs to comply with or to penorm any other term, obligation, covariant or condition contained in this Note or h any of the related documents or to comply with or !o perform any term, obligation, covenant or condition contained h any other agreeriient between Lender and Borrower. Environmental Default. FaBure of any pony to comply with or perform when due any term, obligation, covenant or caxlition contained ii1 any environmental agreement executed in connection with any loan. False Statements. Any warranty, represenialion or statement made or furnished to Lender by Borrower or on Borrowor's behalf urxler this Note ar the related documents is false or misleading in any material respect, either now or al the time made or furnished or becanes false or niisleadirxJ at any time Iherealler. Death or Insolvency. The death of Borrower or the dissolution or termination a Borrower's existence as a going business, the nisdvency of Borrower, Die appointment of a receiver for any pan of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the comniencemenl of any proceeding under any bankruptcy or tnsavenq laws by or against Borrower. Creditor or Forfeiture Proceedings. Canmencemenl of forecloswe er forteilure procaedkgs, whether by )udklal proceeding self-help, repossession or any other method, by any credior of Borrower or by any f)ovemmenlal agency a0ohst any edlateral securGig the Loan. This includes a garnishment of any of Borrower's accounts, hooding deposit accounts, with Lender. However, Uib Event of Default st1811 tort apply if there is a goad Isith dispute by Borrower es to the valWity or reasonableness of the claim wfikh is the basis of the creditor or forfeiture proceeding and it Borrower gives Lender written notice of the creditor or fodeitwe proceeding and deposits with Lander monies or a surety bond for the creditor or foneilwe proceeding, in an amount determined by Lander hits sae discretion, as being an adequate reserve or lxxxl for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surely, or accornrigdatial pony of any of the indebtedness Or any guarantor, endorser, surely, or accommodation party dies or becomes kiCOrnpelenl, or revokes or disputes Oie validity ol, or IiebAity under, any guaranty OI the hdribtetlness evidenced by this Note. In the oven( Of a death, Lender, al its option, may, but shall not be requued to, permit the guarantors estate lo' assume uncondilionalty the obligations arising under the guaranty in a manner satislaclory to Lerxler, and. h doing so, core any Event of DelaulL Adverse Change. ~ A material adverse change oCCws h Borrower's financial condition, or Lender believes the prospect of payment or penormence of this Note is kripalred. Insecurity. Lender h good faith believes itself insecwe. Cure Provisions. If any default, other G Borrower has not been provision of this Nole within 8ie prat given a notice a a breach of the same cure of such default: (1) cures the de Borrower, after receiving written nblit:e Irom Lender tlertianrling steps which Lender deems in Lender's core requires more than lineen (15) days, xm,edlalety hitiates and necessa ste default and thereafter continues and completes all reasonable ry ps sullicienl to prod aC LENDER'S RIGHTS. Upon delaull, Lender This Note and all accrued unpaid interest by applicable law, declare the entire unpaid principal balance on taniourn. PROMISSORY NOTE ~~a_ fsooolol (Continued) ~ Page 2 rOR~ NEYS' FEES; EXPENSES. Lender may hke or pay gomeona else to help collect Ibis Nole it Borrower does rat fr amount. l his includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whel~eor nophereeits er ~wsui(, includi-ig attorneys' lees, expenses tort bankruptcy proceedings (including efiorls to modify or vacate any aulomedc slay or injunction), and appeals. If not orohibiled by applicable law, Borrower also will pay any court coals, in addil(an to all other sums provided by law. ~ GOVERNING L.AW. This Nole will be governed by, construed and enforced in accordance wllh rederal law and the laws of the Commonwealth of Pennsylvania. This Nole has been accepted by lender In the Commonwealth of Pennsylvania. i~ DISHONORED ITEM FEE. Borrower wtll pay a tee Io Lender of 525.00 it Borrower makes a payment on Borrower's ban and the check or preaulhorized c barge with which Borrower pays is later dishonored. RIGHT OF SETOFF, To the extent permitted by applicable law, lender reserves a rill of setoff in aN Borrower's accounts with Lender (whether checking, savirgs, or some other account). This includes all accounts Borrower holds jointly with someone else and atl accounts Borrower may open in the future. However, Ibis does not include any IRA or Keogh accounts, or any trust accounts tort which setoff would be prohrbiled by law, Borrower arithnrizes Lenc:er, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges Ihis Nole is secured by ,among other things, a Mortgage and Security Agreement from Borrower to Lender of even dale herewith and intended to be recorded forthwith, secured upon premises situate at 41.43 N. Front Street, Steelton, Pa. 17113 as described in said Mortgage. All of the agreements, conditions, covenants, provisions and slipulalans contahed M the mortgage which are to be kept oral performed by Borrower, are Hereby made apart of this Note to the same exfert ar:d with the same force and effect as if they were fully set forth herein, and Borrower covenants and agrees to keep and perlonn them, or cause Them to be kept and performed, strictly in accordance with (heir terms. PROPERTY INSURANCE. Borrower underslarxJs that Borrower is required to obtain insurance tort the collateral securing Ihis Note. Further information concerning Ihis requirement is sal forth fn Iha Security Agreement and Mortgage and in the Agreement to Provide Insurance, aN the farms and ronditions of which are hereby incorporated and made a part of this Note. DEFAULT INTEREST RATE. In the event of default tort which Lender does not accelerate the Loan, Including the falure of Borrower to provide the financial slatemenls as required hereunder or under the Loan Agreement, the applicable interest rate on the Loen, for a period beginning Three (3) days after written notice of such default and ending upon the curing of said sliced delaull, shall karease one quarter Of one percent (.25%) for the fksl thirty (JO) days of said delaull and increase an arkfilanal one quarter of one percent (,25%) during each thirty (30) day perkxl Iherealler during which the noticed delaull continues. Such delaull interest rate shall apply Io the outstanding principal balance of the Loan. Upon the curing of the noticed delaull, the inleresl rate on the Loan shall revert to the initiaNy agreed-upon interest tale elfeclive on the date on which delaull is cured. vAR1ABLE INTEREST RATE. The inleresl rate on this Nole is subject to change Irom lime to lime based on changes in an index which is the Pennsylvania Stale Bank's Base Lending Rale (Iha 'index'). the Index is not necessarily the lowest rate charged by Lender on its loan and Ls set by lender in its sole discreton. II the Index becomes unavailable during the term of Ihis loan, Lender may designate a substitute index after nulllying Borrower. Lerxier will tell Borrower the current Index rate upon Borrower's request. Borrower understands That Lender may make loans based on other tales as well. The inleresl rate change will not occur more often than each Day. The Index curenlry is 5.500% per annum. The inleresl Tale to be applied to the unpaid principal balance of Ibis Nole w111 be ai a rate of 2.000 percentage points over the Index, resulling in a current rate 017.500% per annum. NOTICE: Under no circumstances will the interest rate on Ihis Nole be more than the maximum rate allowed by appBCade law, Whenever increases occur in the inleresl rate, Lender, al its oplan, may do one or more of the Idkrning: (a) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity dale, (b) increase Borrower's payments to cover accruing interes4 (c) karease the number of Borrower's payments, and (d) continue Borrower's payments al the same amount and Increase Borrower's final payment. LOAN DOCUMENTS. This Nole, the Mortgage and Security Agreement, the related collateral documents, Lender's commitment letter to Borrower dated June 30, 2004, are referred to herein collectively as the "loan Documents", and the provisions thereof are incorporated herein by reference. SUCCESSOR INTERESTS. The terms of this Note shah be binding upon Borrower, and upon Borrower's heirs, personal refxesenlalives, successors and assigns, and shall inure to the benefit of Lander and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTTNG AGENCIES. Please notify us II we report any inaccurate information about your account(s) to a consumer reporting agency, Your written notice descnbing Cie specilk; Inaccuracy(les) should be sent to us at the Idlowing address: PENNSYLVANIA STATE BANK 2148 Markel Street, P.O. Box 487 Camp Hill, PA 1 7001-04 87 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies wafer Ihis Note without losing them. Fach Borrower understands and agrees that, with or without notke la Borrower, Lender may with respect to any ether Borrower (a) make one or more additions! secured or unsecured loans or otherwise extend additional credit; (b) slier, compromise, renew, extend, accelerate, or otherwise change one or more limes the 1'xne for payment or other terms of any kxlebtedness, including ktcraases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, tall or decide not to perfect, and release any security, with or wittKxrl the substitullon of new collateral; (d) apply such security and direct the ader or manner of sale Thereof, including without Iimitatbn, arty ran•judiciel sale permitted by the terms of the controlling security agreements, as lender in its discretion may delertnlne; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on arty terms or in any manner Lender may choose; and (Q delertnine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and arty other person who signs, guarantees or endorses Ihis Nole, to the extent allowed by law, waive presentment; demand tort payment, and. notice of dishator. Upon arty change in the terms of Ihis Nole, and unless otherwise expressly staled in writing, no party who sl(pls Ihis Note, whether as maker, guaranor, accommodation maker a endorser, shag be released Irom IiabAily. All such parties agree that Lender may renew or extend (repeatedly end tort any length of time) Ihis loan or release any party or guarantor or collateral; or Impah, Tail to realize upon or perfect lender's security Interest in the collateral; and take any other action.deemed necessary by Lender without the consent of art notice to anyone. AN such parties also agree that LerWer rtmy modify Ihis loan without the consent of or notice to anyone other Than the party with whom the modification is made. The adtgetioru wafer ttris Note are joint and several. II any portion of this Note is tort any reason determined to be• unenforceable, it wdl rat affect the enfarceabiily of any other provisons of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND All ACCRUED INTEREST, LATE CHARGES ANO ANY ANp ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, ANO AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUpGMENTS ONE OR• MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO GOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF TIi1S PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: , ose L. Chacon /,,.L js p- con ~~ ~ ~ ~ ~ ~ {Seal) (~ Ise K. i~ ~ f. i J Loa;t No: 65000101" PROMISSORY NOTE (Continued) Page 3 LENDER: PENNSYLVANIA STATE BANK X Aul razed Signer NOTICE TO COSIGNER Yau are being asked to guarantee this debt Think nrelully before you do. If the borrower doesn't pay the debt, you will have to. 8e sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt If the borrower does not pay. You may also have to pay late lees or collection costs, which Increase this amount. The Lender can collect this debt from you wlthaut first trying to collect from the lwrrower. The Lender can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. II this debt is ever in delault, that tact may become a part of YOUR credit record. This not(ca Is not the contract that makes you liable for the debt WUI110lw~K w.lNmW ur. N,iYn1 /YW+u1f+W~a ~.. iml, sw NIIrr, 11r~ "r. rYUew,w~vrnwK iF VI, rwCwR j~ DISCLC RE FOR CONFESSION OF ~DGMENT ~~ ,ncspal :Loan Date ~ Maiurtt~.... Loan No Account salt>i eolr C1i1'ICer Enttlals , e`~t';QOO.QO ..,(28. ~.8:2Qfl4 , : OS-2d-202.4 BbQQQ1(3~ ~ 65QQt1101 ... <: ...DW E ;:.. '~ P.eferences in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. rrower: Jose L. Chacon (SSN: 210-54-4720) Lisa K. Lamp-Chacon (SSN: 175-48-4377) 11 E. Manor Avenue Enola, PA 17025 Lender: PENNSYLVANIA STATE BANK CORPORATE HEADQUARTERS 2148 Market Street P. O. Box 487 Camp Hill, PA 17001-0487 (717) 731-7272 Plant: Jose L. Chacon (SSN: 210-54-4720) 11 E. Manor Avenue Enola, PA 17025 DISCLOSURE FOR CONFESSION OF JUDGMENT ~ -/ AM EXECUTING, THIS ~ DAY OF L~ G {''' S ~ , 20 y r/, A PROMISSORY NOTE FOR 581,000.00 OBLIGATING ME f0 REPAY THAT AMOUNT. 4. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME 4N OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BE]NG FULLY AWARE OF MY RIGHTS TO 4DVANCE NOTICE AND TO A HEARING TO CONTEST THE VAL1DfTY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY C NFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: i?brt; ;~ ;t.'•i B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND .VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN• ANY MANNER PER .•-•W'....,D BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS.:v :~• ~:x.^'.;fa.gy% C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY' PLACING MY INIT1ALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. r • 2. A REPRESENTATIVE OF LENDER.SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: r' X ;~'~:.: . ~ ~~-'.: :::.(Seal) ose L. Chacon wen ono ~..r.w. v.. s s.m am cw. H•w.s r~...~., s,s,,,d.. ,.a wr. ~ rc 1A.ssr. va.cr,.~.A! ~,;-~ DISCLO~ ~E FOR CONFESSION OF - ~DGMENT rrc pal Loan Date Maturity, Loar> t!to,. 'call:E:coit ; Acc>surlt ' ,: _. ... ,aoo 00 ; . . os-~ s=2no4 :. os, 2~20~.4::. snno~.o~.. ssaoo~ a~ ;.: eferences in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "'-"' has been omitted due to text length limitations. orrower: Jose L. Chacon (SSN: 210-54-4720) Lisa K. Lamp-Chacon (SSN: 175-48-4377) 11 E. Manor Avenue Enola, PA 17025 ffiant: Lisa K. Lamp-Chacon (SSN: 175-48-4377) 11 E. Manor Avenue Enola, PA 17025 Lender: PENNSYLVANIA STATE BANK CORPORATE NEADOUARTERS 2148 Market Street P. 0. Box 487 Camp Hill, PA 17001-0487 (717) 731-7272 DISCLOSURE FOR CONFESSION OF JUDGMENT ~ /-1 ~/ I AM EXECUTING, THIS ~ DAY OF .~ ll t- Lri, ~ ~ , 20 y /, A PROMISSORY NOTE FOR 581,000.00 OBLIGATING ME TO REPAY'rHAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS : ?~:~°~''~':,~ ~ 8. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT ERHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. !N EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: ~i-_ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY fNtTIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. ~,~ 2. A REPRESENTATIVE OF LENDER~SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED 1-f; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: X~''`a~s, ~~c'`>' ~~:.., (Seal) Lisa K. Lamp- con lAlEN -110 Lr.bq Vw S S~ 000m Cep MMU~V finr.pM !"Mwau. W Iffl, lOD1 Y .y 9 »+n.:.;.`W"'-R'JR Ole' Ids ~ ~G.taa- ~~ ~~~f~ ll'1i'o-I / ~0.Cr.W1( JUL-17-2008 16 17 DOCUMENTATION ' VERIFtCA"r~ION 717 735 4864 P.02i02 I, DAVID W, PREVOST, Vice-President/Spccial Assets Officer, of PENNSYLVANIA STATE BANK, Aivision of BLC BANK, N.A., verify that the statements made in the aforegoiag document are true aqd coaect. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Dated; ~ I? 0`d PENNSYLVA1111A~ STATE BANK, Division of BL B YC, N.A. ~~ David W: Prevost Vice-Pre9idcnt/Spe~ial Assets Officer 3040324 P:WSBAtBONN~01PS81CONFJtJD01C6~conlc~f jd= eomp.wpd 171n108 TOTAL P.02 C'> ~ ~ c~ ~~ -~, r-' r ~ ~~ ~~ ry N ~~ ~ ~ x'' b_' ~" SLR ~' O ` t ... ... ° , w» ..a O~0 Qp `Q ~*' ~ x .~ 1'i'7 ~, I~ Vi ~ ~ r.f~ ~~ ~ -w:. ~.,,~ -C PENNSYLVANIA STATE BANK, now by : IN THE COURT OF COMMON PLEAS by reason of acquisition known as :CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE BANK, a Division of BLC BANK, N.A. Plaintiff v. NO. 435~i Civi12008 JOSE L. CHACON and LISA K. LAMP- CHACON Defendants CIVIL DIVISION -LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: JOSE L. CHACON, DEFENDANT A Judgment in the amount of $89,058.88 has been entered against you and in favor of Plaintiff without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the Judgment at any time after thirty (30) daycs 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, 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 REDUCE FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ROBERT D. KODAK, ESQUIRE POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7151 ATTORNEY FOR PLAINTIFF r.a s ~ ~ -r; ~i T~~' ~ ~ -rs ~+? ~~ ' ~ ;.. ~ ,. a~ ~~. ;, ~. ~ ~ ~, - ~;~ t'r~i <_r~ ~ PENNSYLVANIA STATE BANK, now by : IN THE COURT OF COMMON PLEAS by reason of acquisition known as :CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE BANK, a . Division of BLC BANK, N.A. Plaintiff v. JOSE L. CHACON and LISA K. LAMP- CHACON Defendants NO. ~f3r-~`f Civi12008 CIVIL DIVISION -LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: LISA K. LAMP-CHACON, DEFENDANT A Judgment in the amount of $89,058.88 has been entered against you and in favor of Plaintiff without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriffmay take your money or other property to pay the Judgment at any 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, 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 REDUCE FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ROBERT D. KODAK, ESQUIRE POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 (717)238-7151 ATTORNEY FOR PLAINTIFF ~ ° C7 ° `~ ct- c_. e°-° ~~ '~a.. ~ 1---;. PENNSYLVANIA STATE BANK, now by : 1N THE COURT OF COMMON PLEAS by reason of acquisition known as :CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA STATE BANK, a Division of BLC BANK, N.A. Plaintiff v. JOSE L. CHACON and LISA K. LAMP- CHACON Defendants NO. 435 Civi12008 CIVIL DIVISION -LAW CONFESSED JUDGMENT PLAINTIFF'S AFFIDAVIT/AVE1tMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), Icertify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY () Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. •••••••~1•••1•• The above certification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Julv 17 2008 Robert D. Kodak, Esquire Attorney for Plaintiff I.D. No. 18041 Address: Kodak & Imblum, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax: (717) 238-7158 c - r- ~- ''~J.l ~. h ~ ~ 1J ~ #~~-~~{~ 5" [~ ~. ~ti ,~ stir 'K; PENNSYLVANIA STATE BANK, now by reason of acquisition known as PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. JOSE L. CHACON and LISA K. LAMP-CHACON Defendants TO: JOSE L. CHACON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 435 Civi12008 CIVIL DIVISION -LAW CONFESSED JUDGMENT You are hereby notified that on _~ , 2008, Judgment by confession was entered against you in the sum of $89,058.88 in the above-captioned case. DATE: 2008 rothonotary 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. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: 202 CHESTER ROAD, ENOLA, PA 17025 Robert D. Kodak, Attorney o intiff A JOSE L. CHACON, Demandado(s) Por este medio sea avisado que en el dia de 2008, un fallo por admision fue registrado contra used por la cantidad de $89,058.88 del case antes escrito. Fecha: el dia de de 2008 Protonotario LLE VE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SI7FICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUIR DONDE SE PUEDE CONSEQUIR ASISTANCIA LEGAL. Robert D. Kodak, Abogado(a) de Demandante(s) CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK, now by reason of acquisition known as PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. JOSE L. CHACON and LISA K. LAMP-CHACON Defendants TO: LISA K. LAMP-CHACON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. y35~( Civi12008 CIVIL DIVISION -LAW CONFESSED JUDGMENT You are hereby notified that on , 2008, Judgment by confession was entered against you in the sum of $89,058.88 in the above-captioned case. DATE: 2008 P othonotary 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. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: 202 CHESTER ROAD, ENOLA, PA 17025 Robert D. Kodak, Attorney for Plaintiff A LISA K. LAMP-CHACON, Demandado(s) Por este medio sea avisado que en el dia de 2008, un fallo por admision fue registrado contra usted por la cantidad de S89,058.88 del case antes escrito. Fecha: el dia de de 2008 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, MAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUIR DONDE SE PUEDE CONSEQUIR ASISTANCIA LEGAL. Robert D. Kodak, Abogado(a) de Demandante(s) CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166