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HomeMy WebLinkAbout09-3052COMMERCE BANK/HARRISBURG, Plaintiff v. TAMMIE K. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 69 305, etc , CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note, as defined in the Complaint filed in the above captioned case and evidenced by Exhibit A to said Complaint, we appear for Defendant, Tammie K. Sheaffer and confess judgment against her in favor of Plaintiff, Commerce Bank/Harrisburg, as follows: Principal: $103,499.61 Accrued Interest: 1,618.46 Late/Satisfaction Fees 910.10 Prepayment Penalty 1,035.00 Attorney Fees (10% commission): 10,349.96 Total: $117,413.13 * *along with interest accruing at the current per diem rate of $20.12 from April 22, 2009 until paid in full. Date: May 12, 2009 McNEES WALLACE & NURICK LLC By Cla on W. avidson PA AttornI.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Plaintiff, Commerce Bank/Harrisburg COMMERCE BANKMARRIPBURG, Plaintiff V. TAMMIE K. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 36,S-"7_ C - I c Pik CIVIL ACTION - LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Tammie K. Sheaffer 233 Walnut Street Lemoyne, PA 17043 A judgment in the amount of $117,413.13 has been entered against you and in favor of Commerce Bank, in the above captioned case without any 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 propertyto 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Date: May 12, 2009 By: Attorney I.D. 79139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a,mwn.com Attorneys for Plaintiff, Commerce Bank/Harrisburg COMMERCE BANK/HARRISBURG, Plaintiff V. TAMMIE K. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. § 2737.1 (Act 105 of 2000) 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 STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Mule of Civil Procedure 2959 - Striking off Judgment (a)(1) 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 2956.1(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 wore 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 f 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, PA 17013 (717) 249-3166 or (800) 990-9108 Clayton W. Davidson PA Attorney I.D. No. 7913P McNees Wallace & Nuriclr't LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) edavidson@mwn.com Attorneys for Plaintiff, Commerce Bank/Harrisburg COMMERCE BANK/HARRISBURG, Plaintiff V. TAMMIE K. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 3 : CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Commerce Bank/Harrisburg, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. The Plaintiff, Commerce Bank/Harrisburg, successor in interest to Commerce Bank/Harrisburg, N.A., is a Pennsylvania financial institution with an office located at 3801 Paxton Street, Harrisburg, PA 17111 ("Commerce Bank"). 2. Defendant, Tammie K. Sheaffer ("Sheaffer"), is an adult individual last known residing at 233 Walnut Street, Lemoyne, Pennsylvania, 17043. 3. On or about June 25, 2004, Commerce Bank loaned Sheaffer the sum of $118,000.00 (the "Loan") as evidenced by a promissory note dated the same along with all future amendments (collectively the "Note"). Attached hereto as Exhibit A and incorporated herein by reference is a true and correO copy of the Note. 4. Sheaffer has d4aulted under the Note by failing to make payment when due. 5. As a result of said payment defaults, Commerce Bank has accelerated the entire indebtedness due and owing under the Loan. 6. The Note, as well as applicable law, does not require Commerce Bank to provide notice to Sheaffer prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 7. The Note provides that upon a default thereunder Commerce Bank may confess judgment against Sheaffer for the entire principal balance due and owing thereunder along with accrued interest, late fees, satisfaction fees, prepayment penalty, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 8. The total sums due and owing under the Note by Sheaffer to Commerce Bank as of April 22, 2009 are itemized as follows: Principal: $103,499.61 Accrued Interest: 1,618.46 Late/Satisfaction Fees 910.10 Prepayment Penalty 1,035.00 Attorney Fees (10% commission): 10,349.96 Total : $117,413.13* *along with interest accruing at the current per diem rate of $20.12 until paid in full. (the "Indebtedness") 9. All conditions precedent have been satisfied to allow Commerce Bank to confess judgment for the Indebtedness against Sheaffer under the Note. 10. Commerce Bank is the holder of the Note. 11. The Note was executed and delivered in connection with a commercial transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 12. Judgment has not been confessed or entered under the Note against Sheaffer in any other jurisdiction. 13. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note is being used to calculate a sum certain for purposes of confessing judgment; however, Commerce Bank will only seek and recover its actual attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Commerce Bank/Harrisburg, hereby requests this Court to enter judgment by confession against Defendant, Tammie R. Sheaffer, in the amount of $117,413.13 along with interest accruing at the current per diem rate of $20.12 after April 22, 2009 until paid in full. McNEES WALLACE & NURICK LLC Date: May 12, 2009 By ..---- Clayton W. Da dson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Plaintiff, Commerce BanklHarrisburg VERIFICATION I, Eric N. Fischer, verify that I am authorized to make this verification on behalf of Commerce Bank/Harrisburg, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Eric N. Fischer, Com ercial Lender Ex?,6;f A? V PROMISSORY NOTE References 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. Borrower; Tommie K. Shaeffer Lender; COMMERCE BANK/HARRISBURG N.A. 233 Walnut Street COMMERCIAL MORTGAGE DEPARTMENT Lemoyne, PA 17043 100 SENATE AVENUE CAMP HILL, PA 17011 (7171975-5630 Principal Amount: $115,000.00 Date of Note: June 25, 2004 PROMISE TO PAY. Tommie K. Sheeffer ("Borrower") promises to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred Eighteen Thousand & 00/100 Dollars ($118,000.00), together with Interest on the unpaid principal balance from June 25, 2004, until paid in full. PAYMENT, Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan In accordance with the following payment schedule; 60 monthly consecutive principal and interest payments in the Initial amount of $922.07 each, beginning July 25, 2004, with Interest calculated on the unpaid principal balances at an interest rate of 7._000% per annum; 179 monthly consecutive principal and Interest payments in the initial amount of $866.04 each, beginning July 25, 2009, -with interest calculated on the unpaid principal balances at an Interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (currently 4.000%), plus a margin of 2.000 percentage points, resulting In an Initial interest rate of 6.000%; and one principal and interest payment of $864.08 on June 25, 2024, with interest calculated on the unpaid principal balances at an Interest rate based on the Prime Rate as published In the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (currently 4.000%), plus a margin of 2.000 percentage points, resulting In an Initial interest rate of 6.000%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. 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 for 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 principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provts)on of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at Its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 6% during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a'payment is 10 days or more late, Borrower will be charged 6.000% of the regularly scheduled payment INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. Each of the following shall constitute an event of default i"Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or mi$leading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrowei or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of PROMISSORY NOTE Loan No: 3171.750 (Continued) creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Page 2 Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arlsing under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change, A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. . Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the some provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses; whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW, This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account) This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, 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 this Note is secured by First mortgage on the residential property located at 233 Walnut Street, Lemoyne, Pennsylvania 17043. First mortgage on the commercial property located at 1002 Bridge Street, New Cumberland, Pennsylvania. Assignment of rents of leases. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory' Note together with all interest which shall have accrued thereon to be due and payable on the fifth 15th) anniversary of the date of this Promissory Note and on each succeeding Five(5) year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan dues it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 80 days prior to the Loan Call Date. Borrower shall, on or before the Loan Cali Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail, POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate; any document or instrument signed in connection with the Loan, which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten 001 days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about June 22, 2004. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon, . SUCCESSOR INTERESTS. The terms of this Nate shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the following address: COMMERCE BAN&ARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endbrses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the term, r this Note, and unless otherwise expressly stated ' witing, no party who signs this Note, whether as maker, guarantor., accommodation me -r endorser, shall be released from liability. All s parties agree that Lender may renew or ex,end (repeatedly and for any length of time) °tn ti loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect PROMISSORY NOTE Loan No. 3171750 (Continued) Page 3 Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. ? OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE !PROTHONOTA`AY'OR"CLERK I)r-YxNY 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 AND ANY AND / ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, 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, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS 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: f: X ; c GG ?? t fir "-ISeal) Tammie K. SheaHer LAW MN1 L.drq, V- 5.24.1 C.= C- NW d Fh-id 9dutlnna. Mc 1997, 5C5,. 11 Aghl, Nww - PA N:1WNA11%1P.VINIC 1tft11-1C 11,11699 M,11 Affiant: Tammio K. Sheaffer Lender: COMMERCE BANK/HARRISBURG N.A. 233 Walnut Street COMMERCIAL MORTGAGE DEPARTMENT Lemoyne, PA 17043 100 SENATE AVENUE CAMP HILL, PA 17011 1717) 976-6630 DISCLOSURE FOR CONFESSION OF JUDGMENT -M 1 AM EXECUTING, THIS DAY OF 20? A PROMISSORY NOTE FOR $118,000.04 OBLIGATING ME TO REPAY THAT AMOUNT. A. 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 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, 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 wSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: /"" B. 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 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 PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: 4? C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, 1 REPRESENT THAT: INITIALS -?J 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 $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 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 Timmie K. Sheaffer ISeaal PRO Lm G, VU. 5 24 10 MI C.J.. HM-d fk-jA Sol.- Inn 19Y/.. 2O . At RPklP gxsmwd. - PA N:1WINAPPBILPWIMIQFl?IPL?0lp;FC fq, 12pp6 M 19 CR) t=1 ?" r E Ll?t? V OF T:._ 2CC-9 I'llItY 13 PM l: 42 .ja 7. sb rid.. ivY eta ieois'z? ?.? a zso77 COMMERCE BANK/HARRISBURG, Plaintiff V. TAMMIE K. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d Q - 3ds?. v i L : CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT TO: Tammie K. Sheaffer 233 Walnut Street Lemoyne, PA 17043 You are hereby notified that on May 1.3 , 2009 a judgment(s) by confession was entered against each of you in the above-captioned case in favor of Commerce Bank as follows: Principal: $103,499.61 Accrued Interest: 1,618.46 Late/Satisfaction Fees 910.10 Prepayment Penalty 1,035.00 Attorney Fees (10% commission): 10,349.96 Total: $117,413.13* *along with interest accruing at the current per diem rate of $20.12 from April 22, 2009 until paid in full. DATE: D` OTHONOTARY COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6 - 3CS2 TAMMIE K. SHEAFFER, ; Defendant CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, hereby certify that the Defendant, Tammie K. Sheaffer, resides or is located at 233 Walnut Street, Lemoyne, Cumberland County Pennsylvania, 17043. Date: May 12, 2009 McNEES WALLACE & NURICK LLC By ravi --- Cl on W. PA Attorne79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cavidson@mwn.com Attorneys for Plaintiff, Commerce BanklHarrisburg FjLED- a . TAPY OF THE F"T" 'D 2009 MAY 13 PSI 1: 42 curt , 1 ::I uNly COMMERCE BANK/HARRISBURG, Plaintiff V. TAMMIE K. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OQ l CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF TAMMIE K. SHEAFFER COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN . SS. The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendant, Tammie K. Sheaffer, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Ms. Sheaffer is over eighteen (18) years of age and was last known residing at 233 Walnut Street, Lemoyne, PA 17043. Clayton . Davison, F>quire SWORN and subscribed to before me this 12th day of May, 2009. COMMONWEALTH OF PENNSYLVANIA otary Pub i EW M Palmer NNOWY Public My Commission Expires CIVd Hs g, Dauphin COLM (SEAL) *CwvWg*n Bores Aug. 1, 2010 OE THE RPO? I C!! fOTARY 2009 MAY 13 PM 1: 42 -.U IY Sheriff s Office of Cumberland County R Thomas Kline ~~~~ 1~~, ~~' ~rt~h~,r~~7j~ Edward L Schorpp Sheri ~ Solicitor +3i ~~+; Ronny RAnderson - Jody S Smith Chief Deputy or` ~E'?F T"E _"=~~~~ Civil Process Sergeant Commerce Bank/Harrisburg vs. C se Number Tammie K. Sheaffer 009-3052 SHERIFF'S RETURN OF SERVICE 06/22/2009 08:03 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states hat on June 22, 2009 at 2003 hours, he served a true copy of the within Notice under pa cp no 2958 of udgement and execution thereon, upon the within named defendant, to wit: Tammie K. Sheaffer, by makin known unto herself personally, defendant at 233 Walnut Street Lemoyne, Cumberland County, Pennsy ania 17043 its contents and at the same time handing to her personally the said true and correct copy oft a same. SHERIFF COST: $42.40 June 23, 2009 SO ANSWERS, ~ •~ R THOMAS KLINE, SH RIFF y Sher COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : TAMMIE K. SHEAFFER, DEFENDANT NO. 09-3052 CIVIL ORDER OF COURT AND NOW, this 28th day of September, 2009, upon consideration of the Defendant Sheaffer's Petition to Open and Strike Confession Judgment, Commerce Bank/Harrisburg's Answer thereto and Defendant Sheaffer's Motion for Discovery and an Evidentiary Hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. These matters will be decided pursuant to Pa. Rule of Civil Procedure 206.7. 2. Any depositions or discovery shall be completed on or before November 20, 2009. 3. Briefs shall be filed by the parties on or before Friday, January 8, 2010. 4. Argument/evidentiary hearing shall be held on Friday, January 15, 2010, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 5. Notice of entry of this order shall be provided to all parties by the Defendant, Tammie K. Sheaffer. 6. All proceedings shall stay pending further Order of Court. By the Court, M. L. Ebert, Jr., J. ~layton W. Davidson, Esquire Attorney for Plaintiff Michael S. Travis, Esquire Attorney for Defendant Sheriff, Cumberland County bas 1~ •` - q/a ~Jr,~ 8a s -. . ~~ t ItiF ice' , -~- ',r f 11~ ~"Lff f i,t~,:~~ ~~ r~.ai~ LL,1 1~~~ ~~• r'rtl ~ '; l f _ .. ' '''