HomeMy WebLinkAbout01-0531FIRST UNION NATIONAL BANK,
Plaintiff
VS
KAYER & BROWN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of attorney, a copy of which is
attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor
of the Plaintiff and against Defendant as follows:
Principal Balance
Interest as of 10/31/00
with a continuing per diem
interest rate of $6.35 as per
terms of the Agreement
$19,446.53
796.14
Attorney fees of 15 %
as per terms of the Agreement
(only actual attorney fees
will be collected at the
time of payoft)
3,036.40
TOTAL $23,279.07
with interest continuing from November 1~ 2000 at ~~f $6¢d
Attorney for Defendant~'
costs of suit.
Linton, Distasio, Adams & Kauffman, P.C.
By: Anthony R. Distasio, Esquire
Attorney ID~ 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, PA 196034)461
(610)374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
VS
KAYER & BROWN
Defendam
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
NO.
CONFESSION OF JUDGMENT
COMPLAINT
1. First Union National Bank, successor by merger to CoreStates Bank, N.A., which is a
successor by merger to Meridian Bank, Plaintiff, is a national bank organized under the laws of the
United States doing business at 640 Hamilton Street, Allentown, Lehigh County, Pennsylvania 18101.
2. Kayer & Brown, Defendant, is a Pennsylvania Corporation with a registered business
address of 4 Liberty Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
3. On March 6, 1998, the Defendant, Kayer & Brown, by and through its Chief
Executive Officer, James J. Kayer, executed and ddivered to CoreStates Bank, N.A. a Small Business
Line of Credit Agreement (hereinafter the "Agreement") in the principal amount of Twenty Thousand
Dollars ($20,000.00)), evidencing the obligation of the Defendant to repay a commercial loan made
that day to the Defendant by CoreStates Bank. A copy of said Agreement is attached hereto as Exhibit
First Union National Bank is a successor by merger to CoreStates Bank, N.A.
The within judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction but is being entered based upon a commercial
transaction.
6. Said Agreement has not been assigned since the mergers.
upon default.
9.
No prior judgment has been entered in any jurisdiction on said Agreement.
The aforesaid Agreement authorizes confession of judgment against the Defendant
The Defendant is in default on its obligation to Plaintiff on the Agreement for failure to
promptly pay installments of principal and interest when due.
I0. Under the terms of the Agreement the Defendant is immediately liable to the Plaintiff
for the entire principal balance, accrued interest, and other costs and charges as follows:
Principal Balance $19,446.53
Interest as of 10/31/00
with a continuing per diem
interest rate of $6.35 as per
terms of the Agreement 796.14
Attorney fees of 15%
as per terms of the Agreement
(only actual attorney fees
will be collected at the
time of payoff)
3,036.40
TOTAL $23,279.07
WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the Defendant
in the amount of Twenty-Three Thousand Two Hundred Seventy-Nine Dollars and Seven Cents
($23,279.07) together with interest continuing from November 1, 2000 at the per diem rate of $6.35
and costs of suit.
LINTON,BY~n~~~R.'~~ IDISTAS , AD,~AMS~. & UFFMAN, P.C.
Counsel for Plaintiff
2
FIRST UNION NATIONAL BANK,
Plaintiff
VS
KAYER & BROWN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
No.
CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
TO: KAYER & BROWN
4 LIBERTY AVENUE
CARLISLE PA 17013
A judgment in the amount of $23,279.07 has been entered against you and in favor of the
plaintiff 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 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 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
LAWYER REFERRAL SERVICE
2 Liberty Avenue
Carlisle P~ 17013
Telephone. 717-249-3166 /I
Anthony R. Distasio, l~qutre
Attorney for Plaintiff
1720 Mineral Spring Road
P.O. Box 461
Reading, PA 19603-0461
610-374-7320
FIRST UNION NATIONAL BANK,
Plaimiff
VS
KAYER & BROWN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
No.
CONFESSION OF JUDGMENT
CERTIFICATION OF ADDRESSES
I, Anthony R. Distasio, Esquire, counsel for Plaintiff, hereby certify that the last known
address for the Plaintiff and Defendants are as follows:
Plaimiff:
Defendant:
First Union National Bank
640 Hamilton Street
Allentown PA 18101
4KaLY~i~e& B~Vr t y/fA, ernue
Anthoffy R. Distasi~ Esquire
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013
TO: KAYER & BROWN
4 LIBERTY AVENUE
CARLISLE PA 17013
DATE:
RE: FIRST UNION NATIONAL BANK,
Plaintiff
V.
KAYER & BROWN
Defendant
NO.
You are hereby notified in accordance with the Pennsylvania Supreme Court Rule//236
and #1519(c) that Judgment has been entered on a
( )
( )
( )
( )
( )
( )
( )
(xxx)
( )
Final Order *
Decree Nisi *
Verdict *
Viewers Report
Default
Assessment of Damages
Arbitration Award
Confession of Judgment Complaint
Stipulation For Entry of Judgment
and entered to No. against KAYER & BROWN, Defendant, concerning
Civil Suit No. on ,2000 in the amount
of Twenty-Three Thousand Two Hundred Seventy-Nine Dollars and Seven Cents ($23,279.07)
together with interest continuing from November 1, 2000 at the per diem rate of $6.35 and costs
of suit.
** And that a Certificate has been filed indicating that each of the parties have been notified of the
intention to file said judgment, by the Attorney for the Plaintiff(s) Defendant(s).
Curt Long, Prothonotary
By:
Deputy Prothonotary
Au~-lT-O0 ~3:31 From-FUNB ~OWEY STORE LOWER LEVEL T-845 P.03/li F-920
2
wbhch immediately precedes the Billing Date in the following calendw month.
"Borrower" means each of the individuals or organizations identified above as Borrower.
"Check" means a Linc of Credit check used to obtain a Loan.
"Collateral" means (i) the real and/or personal property, if any, identified in Section 5 below, in or on wlfich the
Bank is being given a lien. mortgage or security interest, as the ease may be, to secure repayment of the Obligat/ons; and
(ii) any rea/or personal property previously or hero.er pledged by an Obligor or Pledgor ~ collateral for any other
indebtedness of any Obligor to thc Bank.
"Credit Limit" means the doll~' amount specified above
"Guarantor" means each of the individuals or organizations identified above as Guarantor.
"Line of Credit" means the linc of credit described in P~ragraph 2 of this Agr~em~t.
"Loans" means advances made by the Bank to Borrower under th/s Agreement.
"Obligations" means the unpaid balance of all Loans and all accrued and unpaid intei-cst, tosether with ifil fees,
co~s and expenses payable by Borrower under the terms of this Agreement. "Obligations" shall include, but not be limited
to, any fees, expenses and charges described in paragraph 14 below.
"Obligor" means each Borrower and each C-uarantor.
"Payment Due Date" means the date on which each required payment on the Account is duc.
"Pledgor" means each of the individuals or organizations identified above as Pledgor.
"Prime Rate" means the highest prime rate published in the "Money Rates" table of The Wail Street Jotlrnal.
"Security Instrument" means any mortgage, security agreement, pledge, a'~sig~ment agreement or similar
document or agreement whleh gives thc Bank fights in the Collateral.
"Tenmnatien'' means termination of the Bank's commitment to lend under the provisions of Paragraph 15 of this
Agreement.
2. Commitment m Lend (Line of Credit). Subject to the terms and conditions of this Agreement, the Bank
hereby establishes a line of credit for Borrower and agrees to make Loans requested by the Borrower from the Agrcemem
Date until Termination. it being understood that the Bank shall not be required to honor any Loan request ffthe pnncipal
amount of all outstanding Loans, at,er giving effect to the requested Loan, would exceed the Credit Limit. Subject to the
aforesaid terms and conditions, Borrower may borrow, repay and reborrow up to and including the amount ef the; Credit
Lirvfi c Borrower agrees that each Ix>an requested will be used by Borrower solely for business purposes, but acknoxdedges
that the "Leans" include all advances to Borrower under this Agreement, regardless of purpose.
3, Borrower's Promise to PaT. The Borrower promises to pay to the order of the Bank each and all of the
Obligations when due, as provided in this Agreement, whether the Obhgadons have a stated due date, are payable on demtmd
or are due by reason of Accelcratiun, If there is more than one Borrower, each Borrower is jointly and severally obligated
for payment of the Obligations. The Bank may, at its option, require any Borrower to pay all of thc Obligations without
making any effort to require any other Obligor to pay any of the Obligations, or to exercise any of the Bank's rights under
any Security Instrument.
4. Guarantor's Liability. The Guarantor unconditionally and irrevocably promises to pay when due (whether
by stated due date. demand or Acceleration) each and all of the Obligations. This is a guaranty of payment end not a guaranty
ofaollccuun, and [f there is more than one Guarantor, each C-'uarantor is jointly and severally obligated for paymc~tt of aha
Obligations. The Bank may, at i~s oprion~ require any Guarantor m pay all of the Obligations without making any effor~ to
obtain payment of any of the Obligations from any other Obligor or exercising any of the Bank's rights under any Security
Instrument. The Guarantor shaiI be liable hereunder whether or not there is any consideration for this guaranty which
includes a direct economic benefit Rom the Loans or this Agreement.
IS:SI Frar,-~UNO ~NE¥ STO~E ~.O~R ~.EYEL T-B4~ P.04/11 ~-~Z{~
3
5. Collateral Identification: Pled~or'~ Responsibflitiex. As security for repayment of'the Obligations, the
Bank is being given a Iien or mortgage on, a security interest in, or a pledge or assignment of the following real and/or
personal property Collateral, which is more pa.,'ficularly described in the applicable Security Instrument (ff this Account is
unsecured, insert "None"): NONE
· Each Pledgor agrees to compIy wich the terms of any Security
Lnsmanent(s) signed by such Pledgor. Unless Pledgor is also an Obligor, Pledgor's liabillty for payment of the Obligations
is limited to Pledgor's inu:res~ in the Collateral. Each Pledgor agrees that if there is any default under this Agreement or any
Security insUmment, the Baffle may, at it~ option, exercise any or all of its fights under any Security instrument Without
ma&lng any effort to obtain payment of any at'the Obligations from any Obligor or to exercise any of the Bahia's fights under
any other Security Instrument. The Pledgor ~ail be liable as aforesaid whether or not Pledgor has received or will receive
any direut or indirect economic benefit or other consideration in exchange for subjecting the Collateral to thc applicable
Security In,tremont.
procedures:
Procedure for Loan Requests. Loan Requests may be made by any Borrower under any of th~ following
to honor any Check if:
Line Checks. The amount of eanh Cheek must be at least $250.00. The Bank may refuse
- It is received by the Bank attar Temmaatinn;
· Honoring the Check would cause the total of all Obligations to exceed the Credit Limit;
Checks may not be used to make any payments due to the Banjo under this Agreement. The Bank may mt'use to c~sh any
Check presented by the payee thereof or other third party,
Any Authori2ed Representative of Borrower may stop payment on any Check· ^ stop payment order must
bc g/yen in time for the Bank to act upon it and must s~ate the exact mount, exact date and precise identity of thc payee of
the Check, Oral stop payment orders must l~e confu'med in writing within 1 ¢ days.
Checks are subject tn the s~me Rules and Regulations as apply to the Bank's business checking accounts.
(b) ha Person Request. Any Authorized Repmsentatlve of Borrower may request Loans th persun
at any branch of the BanK. Loans requested in person must be deposited to Borrower's business ehecklng account with the
Bank,
(c) Automated Teller Machine Authorization, Borrower may also obtain Loans by using an
authorized automated teller machine (ATM) Card For Business and personal identification number (P.L~r) at any ATM which
pernuts str. h tr~uns, The rain/mum asd maximum Loans Btm'ewer may obtain at any one nme or in one day are subject
to the poheies of thc instimt/on which controls the ATM. Borrower may also obtain Loans (which must be deposited into
Borrower's business checking account with the Bank) through the ATM Card For Business Telephone Banldng Service.
See thc ATM Card For Business agreement tbr additional conditions and details,
· [] If this box is checked, Borrower authorizes the Bank re add access to Borrower's Account to
Borrower's existing ATM Card For Business number
j (d) Overdeaft Proteetinn.
[] If this box is checked, Borrower authorizes the Bank to make Loans to Borrower to pay any check
or unpaid service charge on Bon'ower's business checking account No. when the balance of that
account is insufficient to cover such item(s). Loans will be credited to the account in the lesser of (i) lowest multiple of $100
necessary to cover the shortage; or (ii) the available credit under the Borrower's Account.
7. The Account. The Bank shall establish the Account for the purpose of recording and evidcnt~ing the
amount of the Obligations due and owing from time to time. Loans made by the Bani< shall be recorded as debits to thc ,
AccoUnt and payments shall be recorded as credim. The Account shall also reflect, in accordance with customary practice,
aemmed interest, fees, expenses and charges payable under this Agrcemant. The Bank shall send Borrower, at the ~ddrcss
provtfled herein, a monthly statement fithe A,ecount, which shall ~'pecify the Payment Due Date and which shall be presumed
Aug'l?-OD }3:31 From4UNB ~N£¥ STORE COWER LEVEL T-845 P05/11 F-g20
4
complete and correct, except to the extent shown hy the Borrower to be manifestly erroneous. Except ss required by law,
the provisions of Federal and State consumer credit laws, such ~ the Federai Truth in Lending Act, shall no; apply lo the
Account. Although thc Bank may voluntarily fellow some of the requ/rements of such laws in its handling of the Account
and in providing statements of the Account mud related information, tiffs voluntary compliance shall not be interprc£cd as
Lhc l~ank's agreement that such laws apply m the Account.
follows:
Re0uired Payments Prior to Termination, required payments will be due on the Payment Due Date as
and
(a) monthly payments of accrued interest dctcrmlned in accordance with Paragraph 12 of this Agreement;
(b) fees, expenses and charges payable under Paragraph 14. of this Agreement.
9. Required P,~vments A~er Terminal[on. Payments required udder this Agreement after Termination
(prey/der there has bean no Aceeleranon) will be due on be Payment Due Date as follows: (a) monthly payments of accrued
interest deterrmned in accordance with Paragraph 12 of this Agreement; (b) fees. expenses and aharges payable under
Paragraph 14 of this Agreement; and (c} monthly principal payments, b~'gitming in tho month Lmmediately following the
month of TermmafiC~ each of which shall be in an amount clem-mined as follows, based on the outstanding principal Balance
of the Loans at the time of Termination:
Loan Bslsnce at Termination
Monthly Principal Payment Amount
$ i0,000 or less
$10,001 tO $25,000
$25,001 to $50,000
More than $50,000
1/241h of Loan Balance
l/361h of Loan Balance
1/481h of Loan Balance
1/60th of Loan Balance
Upon Accaler~on, all outztandlng Obligations shall be immediately due and payable ~ provided in Parz, gr~ph
17 of thJ~ Agreement.
10. Qp6onal Payments. Tn~ Boo'ewer may, a~ any time make any payments of pr/ncipal on the Loans in ~cess
of those required under this Agreement without premium or penalty.
11 Prnc~ure for Payments. Payments of the Obligations may be made as follows:
,. (a) Automatic Charge m Denosit Accotmt.
[] If this box is checked, Borrower hereby authorizes the Bank to charge any and all required payments
of thc Obligations m Borrower's deposit account at the Bank. number . This authorization does not
modify the Bank's right of setoff or its security interest in deposit accounts as provided in paragraph 18 of this Agreement.
This authorization ia not required in order to enmr into this Agreement or to open or maintain the Account aaa may be
revoked by Borrower by giving written notice to the Bank not less than fifteen (1 $) days before the nam Payment Due Date.
When the. Payment Due Date fills on a day which is not a Banking Day, the transfer will be made on thc next
Banking Day. Borrower agrees to keep a balance in the deposit account identified above sufficient to cover each monthly
minimum payment when due. If Borrower fails to do so. the Bank may terminate the automatic payment sarvice, iff which
event Borrower shall make payments by check in accordance with Paragraph 11 (b).
(b) Paymem hv Cheek - Payment of any pon/on of the Obligations may be made at any branch of
th~ Bank or by mailing Borrower's check to the mailing address provided in Borrower's monthly statement of the Account.
Intere~ IntereSt shall be payable monthly as billed and shall accrue on the outstanding principal balance
of thc Loans until the Obligations are paid in trill in accordance with the following:
~a) [] If this box is checked, from th~ date of this Agreement through the end of the
month thcre,'ff~er (the "Inuroductory Period"), at a fixed rate of % per annum.
STORE LOWER LEVEL T-~4S P.O6/ll F-92D
(b) Aider any Introductory Period and prior to Acceferatioa, at 2.24% per annum in exce.~s of the
Prime Rate The interest rate will change on tile same date the Prime P-.ate changes,
(c) After Acceleration. at -1.5 % per annum in excess of the Prime Rate, The interes~ rate will
change on the same date the Prime Rate changes.
13. Computntian of' Accrued Interest. Interest shall accrue on a :fimpl¢ interest be.sis and shall not be
compounded. Interest shall be calculated on the basis ora 365-day year (366 days in leap years) and shall be charged for
the actual number of days elapsed during each billing period.
14. Fees. Expenses and Charees.
(a) , Or/~4mmon F*e · On or prior to the Agremment Date, Ben'-ewer has plfid the Bank an origination
fee in the amount of N/A. The origination fee is non-refundable and is deemed to be earned by the Bank upon receipt.
(b) Re/mbnr~ed Costs and Fees Incurred BY the Bank - Borrower shall reimburse the Bac~ upon
request for lien and title seamh costs, appraisal costs and filing and recording fees actually incurred by the Bank. These
payments by Borrower are not refundable.
Annual Fe~ - On each a.m'dversary o£th¢ Agreement Date, the Borrower will pay the Bank an
annual fee in the &mount equal to .50_% of the Credit Limit (m/nimum fee $250.00), This fee represenB payment by
Borrower, ha advance, for use afthe line of credit provided under this Agreement. If the effective date of Termination ,occurs:,
less than one year after thc due date of an annual fee, Borrower will be entitled to a pm-rata refund of such annual fee
payrnan~, sad refund to be applied as s credit against any then-existing Obligations or refunded to Borrower if ther~ are no
tach Obhgstions. The imposition of an annual fee does not: 0) modifi/the right o£any parry to give notice of Tentlinafion
ss provided in Paragraph 15; or (ii) change the effect of any such notice of Termination.
(d) Late Payment Charge - prior to AorMffation, if any required paym~ is not received by th~ Bank
on or before the 15th day following a Payment Due Date, Borrower will pay a late payment charge equal ~o the greater of
5% of the required payment or $20.00, but in no event shall such late payment aha'ge exceed $100.
(e) Stop Pawnent Fee - A fee of $20.00 will be ch~ged for each cheek on which a stop payment
order is placed.
(0 l~etumoi Check Fee . if the Bmk does not pay a Chack for any perrrfitred reaacn, Borrower wBl
pay a returned Check fee of $25.00.
(g) Rammed Pay'mast Fee - If a check, draft or money order submitted to the Baruk as a payment
to be credited to the Account is returned unpaid for any reason, Borrower will pay a returned payment processing fee of
$25.00.
(h) MinimUm Loan Fee - A fcc 0f$4.00 will be charged for any Loan of less than $250.00, including
overdraft protection transfers under Section 6(d) above.
· (i) Payment Ni,qorv/Aceounr Analysis Fee - A fee of $10.00 for each request for a written payment
histnry er an malysis of thc Account No fee will be imposed ifBorrowar's request is made in connection with Borrower's
bona llde assertion of an error by the Bank or other dispute with the Bank concerning one or more payments.
(j) Dc. eument Copvin~ Fog - A fee of $7.00 per hour will be charged for reproduction of statements,
cheeks er other documents related to the Aceoutu. No fee will be imposed to the extent the request i~ made in connection
with s Borrower's bona fide assertion of an error by tho Bank or other dispute with the Bank as to payments or advances
on the Account.
0c) Coll~teml Adminigtration Costs and Expenses - Without implying any limitation or m~xlitication
of any other providons of rkis Paragraph 14, IBorrower agrees to pay on demand any costs or expenses actually incurrcd by
the Bank to administer, perfect, preserve or protect the Bank's interest in any Collateral or to comply with any applicable
lsw or regulation with respect to any Collateral.
13:32 I:rom-FUN~ ~NEY STO~E LOWEE L~VEL T-845 P.OT/ll F-gZ8
(1) Colleaion Cost~ ~ Expenses - Aler Aeesleraion, the Borrower will pay to the Bank, on demand,
all costs and expenses, including reasouable attorney's fees, incurred by, the Bank in enforoing arty or all of its rights and
remedies under this Agreement or any Scet~rity Instran~nt.
Fees imposed under sgtiom (c) ~ough CO) above will be added to the principal balance of the Account
as additional Loans.
] 5. Term/nation - The Line of Credit and the Bank's commilmant m make Loans shall ~rmlnate at the earliest
of the fdiloVang times:
(a) The clo.~ of business un the fifteenth (1Sth) day following receipt by the Bank o£ written notice
of Tcrrulnation fi.om any Obligor or any Pledgor;
The close of bUSmeaa on the dam specified in the Bank's written notice of Termi~ation,m each
Obligor and each Pledgor, it being understood that 0) such notice may be given by the Bank at any time and for any reason
whatsoever, and (ii) the date specified mast be not less than 60 days af~ the date on which the Bank's notice ia se~t;
(o) When the Bank receives nodes that 0) any Obligor or any Pledgor has filed a petition for relief
as a debtor under any bankruptcy or insolvency law, or {ii) any sur~. petition has be~ filed against any Obligor or any
Pledgor a~l not been dismissed within 30 days; or
(d) When the Bank gives wfinen notice of Acceleration as provided in Pacagrap~ 1 ? of this
Agreement-
If, under any provision of subparagraphs 15(a)-(d) above, any Termination would become effective on
other than a Banking .Day, such Tetmlmation will automatically become effective as of the close of business on the next
Ban~ng Day ~ such effective dam.
16. Evem~ of Default - Each of the following shall be an Evem of Default under thls Agreement:
(a) The failure of the Borrower to pay any of the Obligations when due;
Co) If any representation, statement or certification by any Obligor contained in or given in
connection with this Agreement or if my repre~emafion by any Pledgor contained in or given in onunectiun with any Seeur/ty
Instrament ~hall be untrue in any material re,'peet;
(c) If any Obligor ~.~I fail to comply wlth my agreement with the Bank, or if any Pledgor ~hall faiI
to comply with any agreement in my Security Instrument;
(d) If the Borrower shall incur or permit to exist any indebtedness for borrowed money (other than
indebtedness to the Bank) except for (i) indebtedness in connection with consumer Ioans not related tn the Borrower's
business, and (ii) other indebtedness for borrowed money in an aggregate principal amount which does not exceed 25% of
the Credit Limit;
· (e) If there shall exist, at any time, any material liens or enctanbrances on the Collateral other than
that crested by a Security Instrument and the following (/f none, insert "None"):
NONE ;
'(f) If. irt the remonable judgmem of the Bank, any Obligor or any Pledgor is or becomes igsolvent
or generally unable to pay his, her or its debts as they become due;
(g) If any Obligor shall default in the payment of any material indebtedness for borrowed money,
or if there shall be entered against any Obligor any judgment;
Co) If any aecounr of any Obligor at the Bank or any propeny of any Obligor held by the Bank shai1
be subject to any attaalam~nt, levy or garnishment;
(i) If any Obligor or any Pledgor shall file a petition under any banlcrupr~ or insolvency Ii'w, or if
any such petition shall be filed against any Obligor or any Pledgor and not be dismissed within 30 days;
~u~-l~-OO 19:92 FFo~-FUNB ~ONE¥ gTO~ LO~ LEVEL
(j) If any Obligor whi~ conduc~ business shall cease to conduct business or shall materially alter
the nature of its business;
(k) If any Obligor who is an individual dies;
(I) If any Obligor shall fail to promptly provide any financial s~tements or other financial
information reasonably requested by the Bank;
(m) If~he Bank shall become aware of any facts or circumstances which, in the reasonable judgment
oft,he Bank, have had or arc likely to have a material adverse effect on the linancial condition, income, cash flow, business
prospccB or general cradle,yon.h/ness of any Obligor;
If there ~1 be, w/th respect to any Obligor which is not an individual, any change in ~ontrol,
as that term is defined in Rule 12b-2 under the Securities l~xchange Act of 1934, or if any such Obligor merg~ or
consolidates with another business entity, sells any substantial portion of its assets or dissolves, liquidates or commences
any form of diaanlutiun or hquidation, or enters into any agreement to do any of the foregoing;
(o) If g~m shall be any defank under any Securivy Instramem, even if such defanlt is not an Evant
of D¢t~.ult under this Paragraph 16; or
(p) If the Bank reasonably determines that any Seca'ivy Insmmaent does not represent a perfected
lien on, interest in or pledge of the Collateral or that there has been a miaerial adverse change in the market value of the
Collateral.
17. Acccleralion. Upon the occurrence of any Event of Default referred m in clause (i) of the preceding
Paragraph, ail of the Obligations shall automatically become immediately due and payable without any demo. nd, ndfice or
declaration by the Bank Upun the occurrence of any other Event of Defanlt, or at any time thereafter during the continuance
of such Event of Default, the Bank may, at its option, declare all of the Obligatin~ to be immediately due and payable by
sending wriaen notice of A¢celeratian to Borrower, Guarantor and Pledgor in the manner and to the addresses provided in
Paragraph 21 of this Agreement. Upen Acceleration, and at any time there',ifier, the Bank may exercise any or all of its fights
and remedies under applicable law against any Obligor and under any Seem'ivy Instrument. The Bank may, at ila.op6on,
exercise or declLne [o exercise, without waiving, any such fights and remedies, and may exercise thera simultaneously erin
any order wha~oever. The provisions of this Paragraph 17 shall be applicable whether or rtot there has been any previous
Termination pursuant to Paragraph 15.
18. R./ght of Setoffand Securit'v Interest in Deposit Accounts. Each Obligor acknowledges the Bank's right
of setoffagainst deposit accounts of~ch Obhgor and agam~ any other anonats which may be at any time owed by the Bank
to such Obligor. In addition to the foregoing, each Obligor grants to the Bank a security interest in and lien upon any deposit
account a~ the Bank m which such Obligor has an interest. The Bank's fights and remedies under this Paragraph 18 may be
exercised upon or after Acceleration or upon or ater the occurrence of an Front of Default referred to in clinic Ct) in
Paragraph 16 of this Agreement.
19. Waivers Bv Obligor and Pledgor. In addition to the other waivers and eortsems in this Agreement, each
Obligor and each Pledgor acknowledges and agrees, to the extent permitted by law, that its liability under this Agreemem
is u.nconditional and shall not be diminished, impaired or postponed by (a) the bankruptcy, insolvency or change in legal
status of any Obligor or any Pledgor; Ct) ~he Bav3:'s failure to obtain such Obliger's or Pledgor's consent to, or to give notice
of(i) any waiver, tbrbesrance, indulgence or inaction by the Bank with respect to the Account, the Line of Credit, the Loans
or the Obligations or with respect to the Bank's remedies against any Obligor or under any Security lnsmmaent, (ii) an3'
agreement bet'we~ the Bmk and Borrower to modi~ the terms of this Agreement, other than a modification which modifies
such Obliger's or Pledgor's right m ~erminate the Line of Credit pursuant m Paragraph 1 $ or which increases die Credit
Limit. or (iii) any misrepresentation by any Obligor or Pledgor, or any other Event &Default; (c) the release from, or the
lirnirafion ofliabilivy of, any other Obligor or Pledgor, (d) any anpairment of such Obllgor's or Pledgor's fight of recourse,
subrogation, inderonifieatlon or contribution against or with respect to any other Obligor or Pledgor; or (e) the
ueenforeeabihvyofany provision of this Agreement or any provision of any Security Instrument againsl: any other!Obligor
or Pledgor./~ach GuarantOr and each Pledgor agr~ that they will not exercise any right of subrogation which they may have
against Borrower until all of the Obligations have been paid in full and the line of credit has been ret20.
l~einatatement of Obllastinna. If and to the extent that any payment or redu¢Iion of the Obligations is rescinded or must be
returned or disgorged by the Bank, as a result of any Obliger's or Pledgor'S bankruptcy, insolvency or otherwise, the
Obligations so paid or reduced shall be deemed to be reinstated for purposes of this Agreement, and each Obligor and
Auar-t?-og 13:$3 Fr0ra~F{JNB ~ONEY STORE LOWE~ LEVEL T-$4~ P.O~/ll F-gZO
8
Pledgor shall be obligated and have liability therefor in accordance with the tetras of this Agreement, except to tho extent
prohibited by applicable law. In the event that any Obligations are reinstated subsequem m terminanun of a Security
instrm'nent, each Pledgor shall excrete ired deliver m the Bank a replacement S~urity Insumment.
2 l, NoUc{q. All nofice~ tm~ier this Agreement shah be in writing, A notice of termination given by any ObLigor
or Pledgor shall be effective upon actual receipt thereof by the Bank at the address shown below. Unless otherwise expressly
provided, all other nodces shall be effeeti've when sent via prepaid first cia.ss mail or recognized overnight courier se'vice.
addressed to the recipient at *.he address down below.
If to ~e Bank:
Core.States Bank N.A,
Revolvinn' Credit. P.O, Box 16022
Re3din¢', PA 19603
4 E Liberty Ave
FI 3
Carlisle, Pa_17013
If to C,-uarantor:
If to Pledgor:
James Kaver
1913 Dear Path Rd.
Harri,qhure. Pa. 17110
Any party may change its address for purposes of this notice provision by giving notice as provided above to each other
p~rty.
22. Repre.~ntation~ m the Bank, Each Borrower represents that the proceeds of each Loan shall be u~ed by
the Borrower ~olely for business p,.aposcs. Each Obligor and each Pledgor which is a corporation, limited liabih~y qmmpany
or a general ce liimted parmership represents and warran~ that it is validly existing and in good standing in the jurisdlction
under whose laws it was orgatUZed. Each Obligor and each Pledgor which is a corporation or limited liability dompany
represents and warrants that the execution, delivery and performance of this Agreement (and, aa to each Pledgor, thc
applicable Sectwity Instrument) are within its organizational powers, have been duly authorized by all necessary action by
its board of directors {or of its memb~s, in the case of a limited hability company), and are not in ¢on~-avemion of the terms
ofit~ charter, by-laws, any applicable operating agreement or any resolution of mob board of director~ or members, Each
Obligor and each Pledgor which is a partnerslaip represents a.ad warrants that the execution, delivery and performance of
this Agreement (and, aa to each Pledgor. the apphcable Security I~, ~t) have been duly authorized and are not in
colffiict with any provision cfm p~'lllershlp agreement or certificate of limited pal-haerslfip, Each Obligor and eacl~ Pledgor
represents and warrants that this Agreement and each Security Instrument m which any Obligor or Pledgor is a pm'y have
been validly executed and are enforceable in accordance with their terms, that the execution, delivery ami perfor~nance of
this Agreement and such Security Inslrument are not in contravention of law and do not com~¢t with arty indenture,
agreement or,rent.airing m which such Obligor or pledgor is a parry or is otherwise bound, and that no consent or approval
of any govemmmtai authority or any third party is required in connection with the execution, delivex'y or performance of this
Agreement or sach Security lmll'ument. Each of the foregoing representations and warranties is made solely for the Bank's
benefit and is not to be relied upon by any Obligor, any Pledgor or any other person_
23. Additional Waivers, Em. Each Obligor waives presentment, dish~nor, notice of dishonor, protes~ and
notice or'protest. Neither the failure nor any delay on thc pm of the Bank to exercise any fight, remedy, power or pr/vilcge
hereunder shall operate as a waiver or modification thereof. No consent, waiver or modification of the terms of this
Agreement shall be ea~fective unless set forxh in a writing silk-ed by the Bank. Ail rights and remedies of the Bang are
cumulative and concurrent and no ~ingle or partial exercise of any power or privilege shall preclude any other or further
exercise of any right, power or privilege.
24, CONFESSION OF J'U1)GMENT EACH OBLIGOR IRREVOCABLY AUTHORIZES AND
EMPOWERS ANY ATTORNEY OR ANY CLERK OF ANY COURT OF RECORD, UPON OR AFTER THE
OCCURRENCE OF AN EVENT OF DEFAULT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST
-. Aug-l?-O0 13;33 From-FUNB MONEY STO~E LO~R LEVEL %845 P.IO/1] F-920
OBLIGOR FOR SUCH SUMS AS ARE DUE A~D OWING UNDER THIS AGREEMENT, WITH OR
WITHOUT DECLARATION, WITH COSTS OF SUIT, WITHOUT STAY OF ]EXECUTION AND WITH AN
AMOUNT NOT TO EXCEED THE GREATER OF I,~-I~EN PERCENT (15%) OF THE PRINCIPAL
AMOUNT OF SUCH JUDGMENT, OR $5,000, ADDED FOR COLLECTION FEES. IF A COPY OF THIS
AGREEMENT, VERIFIED BY AFFIDAVIT BY OR ON BEHALF OF ~ BANI~ SHALL HAVE :BEEN
FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE TH~ ORIGINAL OF THIS
AGREEMENT. TIlE AUTHORITY GRANTED HEREBY SHALL NOT BE EXHAUSTED BY TFIE INITIAL
EXERCLSE THEREOF AND MAY BE EXERCISED BY TH~ BANK FROM TIME TO TIME. THERE SHALL
BE EXCLUDED FROM THE LIEN OF ANY JUDGMENT OBTAINED SOLELY PURSUANT TO THIS
PAILS. GRAPH ALL IMPROVED REAL ESTATE IN ANY'ARE~. IDENi~'I~D AS HAVI~'G SPEC[AL FLOOD
HAZARDS UNDER REGULATIONS PROMULGATED UNDER THE FLOOD DISASTER PROTECTION ACT
OF 1973, IF THE COMMUNITY IN WHICH SUCH AREA IS LOCATED IS PARTIC~ATING IN THE
NATIONAL FLOOD INSURANCE PROGRAM. ANY SUCH EXCLUSION SHALL NOT AFFECT ANy LIEN
UPON PROPERTY NOT SO EXCLUDED.
EACH OBLIGOR ACKNOWLEDGES AND UNDERSTANDS THAT THE PROVISIONS OF
THIS PARAGRAPH 24 INCLUDE A WAIVER OF IMPORTANT RIGHT~ WHICH WOULD OTHERWISE
BE AVAILABLE TO EACH OBLIGOR AN~ THAT DY S1GNI?qG THIS AGREE1VIFoNT, EACH OBLIGOR:
(A) IS AUTHORIZING ~ BANK, UI~ON OR AFTER TH]~ OCCURRENCE OF AN EVENT OF DEFAULT,
TO ENTER A JUDGMENT AGAINST OBLIGOR AND IN PAYOR OF TI-IE BAN~ WIHCH WILL GIVE THE
BANK A LI~N UPON ANY REAL ESTATE WHICH oBLIGOR MAY OWN IN ANY COUNTY WH~RE THE
JUDGMENT IS ENTERED FOR ANY AMOUNTS WHICH ARE OR MAY BECOME DUE UNDER THIS
AGREEMENT; (B) IS GIVING UP THE RIGHT TO ANY NOTICE OR OPPORTUNITY FOR A HEARING
BEFORE THE ENTRY OF JUDGMENT ON THE RECORDS OF ~ COURT; (C) WILL BE UNABLE TO
CONTEST THE VALIDITY OF ANY JUDGMENT ENTERED BY TH~ BANK UNDER THIS PARAGRAPH
24 UNLESS OBLIGOR CHALLENGES ENTRY OF THE JUDGMENT THROUGH A PETITION TO OPEN
OR STRIKE THE JUDGMENT, WHICH WILL REQUIRE OBLIGOR TO RETAIN COUNSEL AT
OBLIGOR'$ EXPENSE; (D) IS GIVING UP AN IMPORTANT RIGHT TO Ab'Y NOTICE OR OPPORTUNITY
FOR A HEARING BEFORE THE BANK MAY REQUEST AND USE TH~ POWER OF :STATE
GOVERNMENT TO DEPRIVE OBLIGOR OF ITS PROPERTY PIYRSUANT TO THE JUDGMENT BY
SEIZING OR HAVING THE SHI~RIFF OR OTHER OFFICIAL SE!7.~ OBLIGOR'S BANK ACCOUNTS,
INVENTORY, EQUIPMENT. FURNISHINGS, OR ANY PERSONAL PROPERTY THAT OBLIGOR MAY
OWN, TO SATISFY OBLIGOR'S OBLIGATIONS UNDER TID3 AGREEMENT; AND (E) OBLIGOR MAY
BE IMMEDIATELY DEPRIVED OF TH~ USE OF ANY PROPERTY THAT IS SEIZED BY THE BANK
PURSUANT TO THE JUDGMENT WITHOUT NOTICE OR HEARING, AND TI-~RE IS NO ASSURANCE
THAT A HEARING WILL BE AVAIlM~LE TO OBLIGOR PROlVI~TLY AFTER OBLIGOR'S PROPERTY
IS SEIZED. FULLY AND cOMPLETELY UNDERSTANDING THE RIGHTS WHICH ARE BEING~ GIVEN
UP AS DESCRIBED HEREIN, EACH OBLIGOR KlgOWINGLY AND VOLUNTARILY WAIVES THESE
RIGHTS BY SIGNING THIS AGREEMENT. IN CONNECTION WITH TH~ FOREGOING, OBLIGOR HAS
EITHER CONSULTED OBLIGOR'S LEGAL COUNSEL OR VOLUNTARILY DECIDED NOT TO CONSULT
LEGAL COUNSEL.
25. CONSENT TO J'U~ISDICTION AND VENUE. IN ANY LEGAL PROCEEDING INVOLVING,
DIY<ECTJLY OF. INDIRECTLY. ANY MATTER ARISING OUT OF OF. P~7 ~.TED TO THIS AOREEM~NT'OR THE
RELATIONSHIP EVIDENCED HEREBY, EACH UNDERSIGNED PAKTY I-~EBY IP. PJEVOCABLY SUBMITS
TO ~ NONEXCLUSIVE ~JF`ISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN ANY COUNTY
OF ~ STATE SPECIFieD IN PARAGRAPH 24 ABOVE IN WHICH THE BANK MAINTAINS AN OFFICE AND
AGP. E~S NOT TO RAISE ANY OBJECT]ON TO SUCH JUP. ISDICTION OP. TO ~ LAY~qG OI~ MA.~NTAINING
OF TH~ VENUE OF ANY SUCI-I PROCEEDING iN SUCH COUNTY. EACH UNDERSIGNED PARTY AGREES
THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAY BP- DULY EFFECTED UPON IT BY MAILING
A COPY THEREOF. BY REOISTEKED OF. CEF.TIFIED ~ POS?AGE PREPAID. TO EACI{ UNDEllSIGNED
PARTY.
26. WAIVER OF JURY TRIAL EACH UNDERSIGNED PARTY HEREBY WAIVES TRIAL BY
JURY IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATER
(WHETI'IER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE RELATIONSHIP EVIDENCED HEREBY. THIS PROVISION
IS A MATERIAL INDUCEMENT FOR THE BANK TO ENTER ]INTO THIS AGREEMENT.
28. Mlseellaneous. Many provision of th~ Agreement shall be held invalid or unenforceable, such invalidity
or unenforceabflity shall not affect any other provision hereof. Except for the Billing Date, in the event that any due date
spec~ed or otherWse provided for in this Agreement shall fall on a day which is not a Banking Day, such due date shall
be postponed until the next Bankiag Day, and interest and any fees or similar charges shall eontiaue to accrue during such
Pencxt of postponement This Agreement has been dehvered in and shall be governed by and construed in accordance with
the laws of the state of Pennsylvania (including the Unifo~xa Com~:tercial Cede as in effect m that state)
apphcable to contracts formed and intended to be performed ia that state. This Agreement shall be binding upon and benefit
the parties hereto and their respective personal representatives, heirs, successors and assigns. No assignment of rights or
delegation of duties under this Agreement by any Obligor or any Pledgor shall be effective without the prior written consent
of the Bank.
IN WITNESS WHEREOF, each undersigned pa.ny h~ executed this Agreement, intending to be legally bound
hereby, as of the Agreement Date.
[Signature of Borrower] Kayer & Brown
[Signal%re of Guarantor]
[Signature of Pledgor]
~ CE'cwID'~D COPY OF BORROWING ~q:OLUTION$
t.., AN'D CERTIFICATE OF 12~cLrl~ 2NCY .
0: C~r~.qlc~te~ Bank N.A.
I, the undersigned Secrem.~. Kayer & Bro~
hereby ccffi~ ~at (ch~ one) ~ at am' ee~g of me Bo~d of Director~ of me
chmer~dby-lawaon/ ~?_ /~d ,I9 ~
~ by una~mou~ ~iaen comem of ~* Bo~d of Direcror~ of me Co.oration. ~md/ ,19. _
folloMng Rasoludom were adopted in accord~c* M~ [m cheer, by-laws, ~d applicable law ~d ~at ~aid Reaolu[iona have not b,
~mred, ~ended or rescinded ~d ~e now in ~11 force ~d effect:
co~oration (the "Corporado
Corporation, duly called and held in accordance Md:
, at which a quorum was present and voting through~
'RESOLVED:
1. That the President. Vice President, Treasurer, Secretary and J of ~is Corporation, or a
of them, are hereby authorized in the name and on behalf of this Corporation from time to time (1) to bom
money and to obtain credit from CoreS~ates Bank N.A. , a national banking association (the 'Bank"), and to sell to or disco[
with said B~ any evidences of indebmdness and choses in action owned by this Corporation. on such terms a~ may be required by s*
Bank; (2) to authorize and came the issuance of letters of credit and the purchase or sale of exchange for hmre deliver7 by said 8auk f
tho account of this Corporation, on such terms as toay bn required by said Bank; (3) to give said Bank one or toore mortgage or other Ii(
on any real property of this Corporation or one or toore lier~ on orsecuri['y inmrests in any personal proper'~y of this Corporation original
and hq addition and ha substitotion to secare the payment and performance of this Corporation's obligation~ and liabillties of any nature
said Bank; and (4) in connection with the foregoing, to execute and deliver any imm~men,'~ and/or agreements required by sal~l Bani
including those anthori~ng confession of judgment and hqciuding those containing a provision author/zing said Bank to charge payments du
on loam, advances, fees and other charges to a deposit account maintained by the Corporation with said Bank and such other t~m an
provi~iom a~ such officer(s) shall deem appropriate.
2. A~y action heretofore taken by any officer of this Corporation with re~ect to any of the toatters stated above is hereby ratified an,
confirmed.
J. That the Secretary is hereby directed to file with sa/d Bank a certified copy of these R~olutions and a list of the persons, ttigether wi,./
sp~cimem of their signature, who are the present holders of the sa/d of-fice~, and that said Bank shall be entided a~ against this Corporatior
to presume conclu.~ively that the persons so cerdficd as holding tach offices continue respectively to hold the same unt/l otherwise notifiec
ha .?r/H-g by tho $~remry.
4.. That thee R~olutiom, ba~ofar as ~aid Bank is concerned, shall continue ha f~l rome and effect until receipt by said Bank of ,~n'itten
notice from the $eorem'y of d~ changes, if any, therein. '
I hereby f'sa~er cer~t that the above R~oludom do not conflict with the pro'~isiom of th~ Corporation's charter or its by-laws, and that
the present holders of the o~ces referred to in the foregoing Reanhqdons and their specimen si~amres are set forth below.
Nam~ (Typed) ~'~ 'Igfle (Typed) ~/ Specmcn Signatore ,~
James J. Kayer President / ~/.~<,/?
1N VwrlTNES$ WHEREOF, I have hereunto set toy hand and affixed the Corporate Seal this ~ ~.,.~ ! ~; day
(A~ Co~orate Se~) ~ ~
Note: ~ Pre*ida~t or Vic~-President m~ ~gn ~: folloMng confimation, if applicable:
I, of ~e above' ~ed Co.oration. do h*reby
ce~ ~t ~e Secre~ of shd Co~oradon is duly an~or~ed ro bo~ow ~d o~e~isa ac: ~ stated in ~e above Resolu~on
o~er s/~amre or counmrsig~mre, ~ar ~s
of ~e Co~orafioa. ~d ~at ~e si~mre of said 5ecre~ a~ove is ~s or her ~e sig~mre.
IN WITNESS W}-IEt~EOF, I have hereunto set toy hand this
day of 19__
VERIFICATION
I, Mark Bartholomew, hereby verify that I am the Portfolio Manager of First Union
National Bank, that I am authorized to make this verification on its behalf and that the facts
set forth in the within Instrument are tree 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 unsworn falsification to authorities.
MARK BARTHOLOWMEW, P.M.
SHERIFF ' S
CASE NO: 2001-00531 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
KAYER & BROWN
RETURN - REGULAR
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGEMENT
KAYER & BROWN
DEFENDANT , at 0009:48 HOURS, 2001
at 4 LIBERTY AVE
CARLISLE, PA 17013 by handing to
VICKIE GROUP (OFFICE MANAGER)
a true and attested copy of CONFESSION OF JUDGEMENT together with
was served upon
the
on the 30th day of January , __
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this ~-~ day of
? Prothonotary t -
So Answers.
R. Thomas Kline
01/31/200i
LINTON, DISTASI0
By:
& ADAMS
Linton, Distasio, Adams & Kauffman, P.C.
By: Anthony R. Distasio, Esquire
Attorney ID//46890
1720 Mineral Spring Road, P.O. Box 461
Reading, PA 19603-0461
(610)374-7320
FIRST UNION NATIONAL BANK,
Plaimiff
YS
KAYER & BROWN
Defendant
VS.
FARMERS TRUST and
HARRIS SAVINGS BANK,
Garnishees
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
No. 01-531 Civil Term
CONFESSION OF JUDGMENT
PRAEC1PE FOR WRIT OF EXECUTION UI~N A CONFESSED JUDGMENT
To the Prothonotary: ISSUE WRIT OF EXECUTION UPON A CONFESSED JUDGMENT IN THE ABOVE
MATTER,
(1) Directed to the Sheriff of Cumberland County, Penna.;
(2) against Kayer & Brown, 4 Liberty Avenue, Carlisle, Cumberland County, PA 17013 Defendam(s);
(3) and against Farmers ~'ust, 1 West High Street, Carlisle, PA 17013 and Harris Savings Bank, 17 West High
Street, Carlisle, PA 17013 Garnishee(s);
(4) and index this writ
(a) against
Defendam(s) and
(b) against Garnishee(s),
as lis pendens against real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Attach
Description of Property)
All personal property belonging to the Defendant being held by the Garnishee.
(5) Amount Due: $23,279.07
Interest from 11/1/00 at the per diem rate of $6.35
Plus costs per endorsement hereon
Certification
I certify that
(a) This praecipe is based upon a judgment entered by confession, and
(b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this praecipe
as evidenced by a return of service filed of record. / //
Dated: ~ /~[ /~/ ,~L~~
/ ~ [ ' Anthony R. Distasto, Esquire
Linton, Distasio, Adams & Kauffman, P.C.
By: Anthony R. Distasio, Esquire
Attorney ID# 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, PA 19603-0461
(610) 374-7320
FIRST UNION NATIONAL BANK,
Plaimiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
VS
KAYER & BROWN
Defendant
VS,
FARMERS TRUST and
HARRIS SAVINGS BANK,
Garnishees
No. 01-531 Civil Term
CONFESSION OF JUDGMENT
PRAECIPE TO RELEASE GARNISHEE AND DISSOLVE ATTACHMENT
TO THEPROTHONOTARY:
Please release WAYPOINT BANK; successor by merger to YORK FEDERAL and HARRIS
SAVINGS BANK as Garnishee and dissolve the attachmen0in the above-captioned action, docketed as
set forth above.
~ LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C.
By: . .~ .
Attorney for Plaintiff
M&T Bank.
1N THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Plaintiff(s) First Union National Bank
Petitioner(s)
Vs
Kayer & Brown
Case No. 01 ~531
Defendant(s)
Respondent(s)
MANUFACTURERS AND TRADERS TRUST COMPANY
Responses to
Interrogatories
Garnishee(s).
MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the
Interrogatories states:
[Questions and Answers Pursuant to 14 Pa C.S~4. Rule 3253]
At the time you were served or at any subsequent time, did you owe the defendant(s) any
money or were you liable to defendant(s) on any negotiable or other written instrument,
or did defendant(s) claim that you owed any money or were liable to defendant(s) for any
reason?
Answer:
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
At the time you were served or at any subsequent time, was there in your possession,
custody or control or in the joint possession, custody or control of yourself or one or
more other persons any property of any nature owned solely or in part by the
defendant(s)?
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
At any time you were served or at any subsequent time, did you hold legal title to any
property of any nature owned solely or in part by the defendant(s) or in which
defendant(s) held or claimed any interest?
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
At any time you were served or at any subsequent time, did you hold as a fiduciary any
property in which the defendant(s) had an interest?
Answer:
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
At any time before or after you were served, did the defendant(s) transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and, if so,
what was the consideration therefor?
Answer:
Yes. The consideration was
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
At the time you were served or at any subsequent time, did you pay, transfer or deliver
any money or property to the defendant(s) or to any person or place pursuant to the
direction of defendant(s) against you?
Answer:
Yes
No
Denies knowledge or information sufficient to form a belief as to
the answer to the question.
[Additional Questions and Answer (if any) ]
If any of the following reasons are checked, the account(s) in question are not subject to
attachment because:
Account(s) No(s).
are escrow account(s) for real estate taxes mad insurance.
[Field 12] has a right of set off against the account(s) which it hereby elects to
assert.
15 Other: [.Consult with Counsel's Office and type in reason]
Dated: ~ -~o-- OI
MANUFACTURERS AND TRADERS
TRUST COMPANY
Name: Christine Alianiello
Title: Supervisor
Legal document Processing
PO Box 708
Altoona, PA 16603
(814) 947-5871
SHERIFF'S RETURN -
CASE NO: 2001-00531 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
GARNISHEE
FIRST UNION NATIONAL BANK
VS
KAYER & BROWN
And now RICHARD SMITH
Cumberland County, Pennsylvania,
to law, at 0011:30 Hours, on the 25th day of
as herein commanded all goods, chattels,
moneys of the within named DEFENDANT ,
KAYER & BROWN
hands,
, Sheriff or Deputy Sheriff of
who being duly sworn according
June , 2001, attached
rights, debts, credits, and
possession, or control of the within named Garnishee
in the
FARMERS TRUST 1 WEST HIGH ST
CARLLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
WANDA DALE (CUSTOMER SERVICE)
personally 3 true and attested copies of the within
CONFESSION OF JUDGEMEN and made the contents thereof known to Her
Sheriff's Costs: So answers:
Service .00 ~
Affidavit .00
Surcharge .00 R. Thomas Kline
.00 S~riff o~Cum~ertand County
· oo oo/oo/oooo
Sworn and subscribed to before me By ~~f~eputy~Sheriff
this /_~ day of ~
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-00531 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
KAYER & BROWN
And now RICHARD! SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0011:35 Hours, on the 25th day of June , 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
KAYER & BROWN , in the
hands, possession, or control of the within named Garnishee
HARRIS SAVINGS BANK 17 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
BETH JAMES (MANAGER)
personally 3 true and attested copies of the within
CONFESSION OF JUDGEMEN
and made the contents thereof known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge ~00
.00
.00
So answers:
R. Thomas Klin~
~i~f~u~rland County
oo/oo/oooo J///
Sworn and subscribed to before me By ~~ D~t~ S~heriff
this /~ ~ day of ~ ~l A.D.
Pro~h~not ary
Linton, Distasio, Adams & Kauffman, P.C.
By: Anthony R. Distasio, Esquire
Attorney ID~ 468.90
1720 .Mineral Spring Road, P.O. Box 461
Reading, PA 19603-0461
(610)374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
VS
KAYER & BROWN
Defendant
VS.
FARMERS TRUST and
HARRIS SAVINGS BANK,
Garnishees
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
No. 01-531 Civil Term
CONFESSION OF JUDGMENT
PRAECIPE TO ENTER JUDGMENT ON ADMISSIONS
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against M&T BANK f/Ua FARMER'S TRUST,
Garnishee, in the above-captioned action on admissions as set forth in Garnishee's Answers to Plaintiff's
Interrogatories In Attachment in the amount of One Thousand Twenty-One Dollars and Fifty-Three Cents
($1,021.53).
Dated:
LINTON, DISTASIO, A~UFFMAN~
Attorneys for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013
TO: KAYER & BROWN
4 LIBERTY AVENUE
CARLISLE PA 17013
DATE:
RE: FIRST UNION NATIONAL BANK,
Plaintiff
V.
KAYER & BROWN
Defendant
V.
M&T BANK, formerly known as
FARMER'S TRUST
Garnishee
NO. 01-531
You are hereby notified in accordance with the Pennsylvania Supreme Court Rule #236
and #1519(c) that Judgment has been entered on a
( ) Final Order *
( ) Decree Nisi *
( ) Verdict *
(XX) Admissions
( ) Default
( ) Assessment of Damages
( ) Arbitration Award
( ) Confession of Judgment Complaint
( ) Stipulation For Entry of Judgment
and entered to No. against M&T,BA~NK, formerly known ~ FARMER'S
TRUST, Garnishee, concerning Civil Suit No.01-531 on ,_)t~ { ¥ ..2q ,2001 m the amount
of One Thousand Twenty-one Dollars and Fifty-Three Cents ($1t,021.53).
** And that a Certificate has been filed indicating that each of the parties have been notified of the
intention to file said judgment, by the Attorney for the Plaintiff(s) Defendant(s).
Curt Long, Prothonotary
Deputy ProthonOtary
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013
TO: M&T BANK
P.O. BOX 708
ALTOONA PA 16603
DATE:
RE: FIRST UNION NATIONAL BANK,
Plaintiff
V.
KAYER & BROWN
Defendant
V.
M&T BANK, formerly known as
FARMER'S TRUST
Garnishee
NO. 01-531
You are hereby notified in accordance with thc Pennsylvania Supreme Court Rule #236
and #1519(c) that Judgment has been entered on a
( ) Final Order *
( ) Decree Nisi *
( ) Verdict *
(XX) Admissions
( ) Default
( ) Assessment of Damages
( ) Arbitration Award
( ) Confession of Judgment Complaint
( ) Stipulation For Entry of Judgment
and entered to No. against M&~ B~rNK, formerly known as FARMER'S
TRUST, Garnishee, concerning Civil Suit No..01-531 on ..~Jt,[~,¥ ,~ ,2001 in the amount
of One Thousand Twenty-one Dollars and Fifty-Three Cents (~1,021.$3).
** And that a Certificate has been filed indicating that each of the parties have been notified of the
intention to file said judgment, by the Attorney for the Plaintiff(s) Defendant(s).
Curt Long, Prothonotary
eputy rothonotary
[] M~I~ Legal Document Processing
(814) 947-5871
July 6, 2001
Anthony R. Distasio, Esquire
1720 Mineral Spring Road
PO Box 461
Reading, PA 19603-0461
Re:
Writ of Garnishment and Interrogatories on Garnishee received by
Manufactures and Traders Trust Company for Kayer & Brown
Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers
and Traders Trust Company has searched its records and has identified the following open accounts with
balances due its customer(s) as of May 29, 2001.
Acct No, Balance
Froze account 185639 balance $1,021.53
Acct No. Balance
If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then
any safe deposit boxes identified at any of our branches are listed below.
Branch Number
Safe Deposit Box Number
None
If any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or
safe deposit boxes in which persons other than those identified in the Writ of Garnishment and
Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the
drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be
reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A.
Responses to Interrogatories that you propounded, if any, are enclosed.
Sincerely,
Christine Alianiello
Legal Document
(814) 947-5831
Manufacturers and Traders Trust Company · P.O. Box 708, Altoona, Pennsylvania 16603
JUL 1 O, 20~1 ; ':
THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Soticitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
PATRICIA A, SHATTO
Rear Estate Deputy
AUGUST 10, 2001
First Union National Bank
VS
Kayer and Brown
No. 2001-531 Civil Term
Property Claim Determination
Dear Sir,
Reference is made to Property Claim dated July 30, 2001 entered by
James Kayer, pertaining to Execution No. 2001-531 Civil Term, First Union National
Bank -vs- Kayer and Brown.
R. Thomas Kline, Sheriff, has determined that the claimant, James Kayer, in the
abovementioned property claim, is prima facie the owner of the property set forth therein.
CC;
Anthony Distasio, Atty
James Kayer, Claimant
Kayer and Brown, Defendant
So Answers '~ .
R. Thomas Kline, Sheriff
NOTICE OF PROPERTY CLAIM
First Union National Bank
Kayer & Brown
4 Liberty Ave
Carlisle, PA 17013
In The Court of Common Pleas of
Cumberland County, Pennxylvania
Writ of Execution
TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST:
You are hereby nottfied that a property claim, a copy of which is attached hereto has been filed by
.... ,P.~.~.r. ~, ~.a. .R... .~ , .rf~. . ................. claiming property listed therein. Unless an appraisal of the prop-
erty is requested within (lOJ days from the date of tht'* notice, the sheriff without making an appraisal will accept the
value of the property set forth in the claim.
Anthony Distasio, Arty for Pltff
&
Sheriff of Cumberland County
PROPERTY CLAIM
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No.
VS
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values there&are:
LIST OF PROPERTY
VALUE
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
Date
State o f Per/n sylva~nia:
County of Cumberland
above list in the property claim are correct and tree.
SworF ~_,bt,,'ril~dJ~ ~£ore mc/
~t~ pab~disl~ ~bt0,~um~e~n~Co~ty ' My Commission Expires April 4, 2005
Claimant
being duly sworn according to law, deposes and says that the
Claimant
PATRICIA K BROWN Prope~y Claim Page 3
Conference Room
1 Cloister Water Cooler (Leased)
Hallway
I Wooden End~table
l Pictare ~ French Print
Office
2
3
1
Misc.
2
I
I
Misc.
#3
2 ~Drawer Filing Cabinets (legal size)
Office Chairs
Wooden Desk
Stamp Collection
English Prints
CCBA (1995) Picture
Emory JD Decree
pictures
Reception Area
I Magazine Table
I Picture (boats)
NOTICE OF PROPERTY CLAIM
4 Liberty Ave
Carlisle, PA 17013
In The Court of Common Pleas of
Cumberland County, Penn3ylvania
No ..... 9. 7533. .............. term
Writ of Execution
TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST:
You are hereby notified that a property claim, a copy of }vht'ch t) attached hereto has been filed by
.... .D~, .n'.3_.s.e. .P..%I).~. .o.n.t.i. .................. claiming property listed therein. Unless an appraisal of the prop-
erty is requested within (10) days from the data of this notice, the sheriff without making an appraisal will accept the
value of the property sat forth in the claim.
Anthony Distasio, Atty for Pltff
Kayer ~ Brown, Deft.
Denise Pina~onti, Claimant
Sheriff of Cumberland County
PROPERTY CLAIM
In the Court of Common Pleas of
Cumberland County, Pennsylvania
WritNo. O{ '- ~-31
VS
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon th this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY VALUE
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
State of Pennsylvania:
Cou. n f~f Cumberland
above list in the property claim are correct and tree.
day
No.fy P~'~I[I$ * oro, bumoer~aJ~o bouray
My CommJs$iofl [~pires April 4, 2005
being duly sworn according to law, deposes and says that the
Claimant
FA REAL ESTATE SERVICES, IN~. Property Claim Pase 2
Conference Room
1
7
1
1
1
1
1
1
Wooden Conference Table
Chairs
4-Drawer Filing Cabinets (legal size)
Refrigerator
G.E. Microwave
Large Folding Table
Wall Clock
Wooden Book Case
Trash Can
Office # 1
1 Walnut Desk
1 Panasonic Office Phone/Multi-Function (own entire phone system which
includes 6 phones)
1 Trash Can
Office #2
I Swintec Electric Typewriter
4 (3) 4~Drawer filing Cabinets and (1) 2~Drawer filing Cabinet
2 Wooden Desks
2 Computers with Monitors, Keyboards, etc.
1 Folding Table
2 Adding Machines
2 Computer Printers
$ Office Chairs
2 Typewriter Stands
1 Emerson AM/FM/TV
1 Wooden Stool
2 Trash Cans
Misc. Pictures
Hallway
1 Brass Pot with Plant
I 4-Shelf Book Case
Copier Room
1 Folding Table
1 Paper Shredder
1 Electric Pencil Sharper
Misc. Office Supplies
PA REAL ESTATE SER VICES~ INC. Property Claim Page
Reception Area
1
1
1
1
4
1
1
1
Computer, Monitor, Keyboard, etc.
Fax/Printer/Copier Machine
Wooden £~Drawer Filing Cabinet (legal size)
Metal 2~Drawer Filing Cabinet (legal size)
Office Chairs
Transcriber
Printer Stand
Wall Clock
THOMAS KLINE
Sheriff
EDWARD L, SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
PATRICIA A. SHATTO
Real Estate Deputy
AUGUST 20, 2001
First Union National Bank
¥S
Kayer and Brown
531 Civil Term
No. 2001-
Property Claim Determination
Dear Sir,
Reference is made to Property Claim dated August 10, 2001 entered by
Patricia R. Brown, pertaining to Execution No. 2001-531 Civil Term, First Union
National Bank -vs- Kayer and Brown.
R. Thomas Kline, Sheriff, has determined that the claimant, Patricia R. Brown, in
the abovementioned property claim, is prima facie the owner of the property set forth
therein.
CC:
Anthony Distasio, Atty
Patricia R. Brown, Claimant
Kayer and Brown, Defendant
So Answers: ,
R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
AUGUST 20, 2001
First Union National Bank
VS
Kayer and Brown
No. 2001-531 Civil Term
Property Claim Determination
RONNY R. ANDERSON
Chief Deputy
PATRICIA A. SHATTO
Real Estate Deputy
c:~ ~.
Dear Sir,
Reference is made to Property Claim dated August 10, 2001 entered by
Denise Pinamonti, pertaining to Execution No. 2001-531 Civil Term, First Union
National Bank -vs- Kayer and Brown.
R. Thomas Kline, Sheriff, has determined that the claimant, Denise Pinamonti, in
the abovementioned property claim, is prima facie the owner of the property set forth
therein.
CC:
Anthony Distasio, Atty
Denise Pinamonti, Claimant
Kayer and Brown, Defendant
So Answers:
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or ATrACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF _ ~C~__ber!_and
....... COUNTY:
NO _01-531 CIVlL)~[ TE~M
CIVIL ACTION - LAW
To satisty the debt, interesl and costs due FJ_rst Union National Bank
fr0m_Kayer & Brown, 4 Liberty Avenue, Carlisle, PA 17013
PLAINTIFF{S)
_DEFENDANT(S)
(1) You are directed to levy upon the propedy of the defendant(s) and to sell al 1 personal proDertv
(2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of
Farmers Trust, 1 West High Street, _C~rlisle PA 17013 and Harris Savings Bank, 17 West
High Street, Carlisle, PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3} If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $23,279.07
from 11/1/00 at per diem rate
Interest _of $6_.3~
Alty's Comm % _
L.L, $.50
ANy Paid $63.10
Plaintiff Paid
Due Prothy $1,00
Other Costs
Date: June 11, 2001
Curtis R. Long
Prothonotary, Civil Division
REQUESTING PARTY:
Name Anthony R. Distasio, Esq.
Address: 1720 Mineral Spring Road, PO Box 461
Readinq,~ PA 19603-0461
A~orne¥ for: Plaintiff
lelephone: 610-374-7320
Supreme Court ID No. 46890
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED., PgR PR(: 3206 (¢).
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc·
Surcharge
Levy
Post Pone Sale
Garnishee
$ 18.00~-
.50
1.00
3.25
60.00
60. O0
-18.00
163.96
Advance Costs: $ 163.96
Sheriff's Costs: $ 163.96
Refunded to Atty on 9/7/01
Sworn and Subscribed to before me
this/q~day of
2001 A.D. ( ,~',
prdth6notary
So Answers;
R. Thomas Kline, Sheriff
sl.5u c~ F'~9ol
Linton, Distasio, Adams & Palange, P.C.
By: Anthony R. Distasio, Esquire
Attorney ID# 46890
1720 Mineral Spring Road, P.O. Box 461
Reading, PA 19603-0461
(610)374-7320
FIRST UNION NATIONAL BANK,
Plaintiff
VS
KAYER & BROWN
Defendant
VS.
M&T BANK f/k/a/
FARMERS TRUST,
Garnishee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL ACTION - LAW
:
: No. 01-531 Civil Term
: CONFESSION OF JUDGMENT
PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT
To the Prothonotary: ISSUE WRIT OF EXECUTION UPON A CONFESSED JUDGMENT IN THE ABOVE
MATTER,
(1) Directed to the Sheriff of Cumberland County, Penna.;
(2) against Kayer & Brown, 4 Liberty Avenue, Carlisle, Cumberland County, PA 17013 Defendant(s);
(3) and against M&T Bank f/k/a Farmers Trust, 1 West High Street, Carlisle, PA 17013. Garnishee(s);
(4) and index this writ
(a) against
Defendant(s) and
(b) against Garnishee(s),
as lis pendens against real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Attach
Description of Property)
All personal property belonging to the Defendant being held by the Garnishee.
(5) Amount Due: $23,279.07
Interest from 11/I/00 at the per diem rate of $6.35
Plus costs per endorsement hereon
I certify that
Certification
(a) This praecipe is based upon a judgment entered by confession, and
(b) Notice has been served pursuant to Rule ~958.1 at least thirty days prior to the filing of this praecipe
as evidenced by a return of service filed of record. /.] //
/ -- Anthony R. D~'istasio, ~squire
SHERIFF'S RETURN
CASE NO: 2001-00531 P
COMMONWEALTH OF PENNSLYV~NIA
COUNTY OF CUMBERL~-ND
- GARNISHEE
FIRST UNION NATIONAL BANK
VS
KAYER & BROWN
And now CPL. MICHAEL BARRICK
Cumberland County of Pennsylvania,
to law, at 0009:50 Hours, on the 26th day of December ,
as herein commanded all goods, chattels, rights, debts,
moneys of the within named DEFEND~ZNT ,
KAYER & BROWN
hands, possession, or control of the within named Garnishee
,Sheriff or Deputy Sheriff of
who being duly sworn according
2001, attached
credits, and
, in the
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
TAMMY SEIBERT (CUSTOMER SERVICE)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
So an
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
A.D.
~honotary '
R. Thomas Kline, Sheriff, who being duly swom according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing 18.00
Poun. dage 1./42
Advertising ~
Law Library
Prothonotary 1.00
Mileage 3.25
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee 9.00
72.67
Advance Costs: 150.00
Sheriff's Costs: 72.67
77 .)3
Refunded to Attyon 7/3/02
Sworn and Subscribed to before me
this /q ~day of
2002 A.D.
prothonotary
So Answers;
R. Thomas Kline, Sheriff
WRIT OF EXECUTION and/or ATtrACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CumbCrlanc]
To satisfy the debt, interest and costs due
NO. _
COUNTY:
First Union~National Bank
trom. Kayer & Brown, 4 LibertyAvenue, Calrisle, PA 17013
01-531 CIVIL I~K TE~'vi
CIVIL ACTION - LAW
PLAINTIFF(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
DEFENDANT(S)
(2)
You are also directed to attach the property ol the defendant(s) not levied upon in the possession of
M&T Bank f/k/a Farmers Trust, 1 West High Street, Carlsile, PA 17013
All personal property belonging to the Defendant
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined Imm paying any
debt to or lor the account of the defendant(s) and from delivering any propa~y of the defendant(s) or otherwise disposing
thereof;
(3) It property of the defendant{s) not levied upon an subject to attachment is found in the possession of anyone other
Ihan a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above
staled.
Amount Due $23,279.07
Interest f~x~n 11/1/00 at the per din
rate of $6.35
Atty's Comm %
Arty Paid _
Plaintiff Paid $253.56
Due Prothy $1.00
Other Costs
Date: Decemb~ Iq. ?QOl
bye..
REQUESTING PARTY:
Name _ Anthony R. Distasio, Esq.
Address: 1720 Mineral Spring Road, P.O.Box 461
Readinq, PA 19603-0461
Attorney tor~ Plaintiff
Telephonel 610-374-7 _320
Supreme Cou~ ID No. __46890
C3]rt-i R R.
Prothonotary. Civil Division
Deputy
Asset 2106
FIRST UNION NATIONAL BANK,
Plaintiff
VS.
KAYER & BROWN
Defendant
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
CASE NO. 01-531
ASSIGNMENT OF JUDGMENT
This Assignment of Judgment is made as of March 22, 2002 by WACHOVIA BANK,
NATIONAL ASSOCIATION, formerly known as First Union National Bank ("Seller") for good and
valuable consideration, in favor of NC VENTURE I, L.P. ("Purchaser") pursuant to a certain Asset Sale
Agreement between, inter alia, Seller and Purchaser, dated Mamh 11, 2002, which is hereby incorporated
by reference ("Agreement"). All capitalized terms used but not defined herein are defined in the
Agreement.
Seller hereby assigns, transfers and sets over to Purchaser', its successors and assigns, WITHOUT
RECOURSE, REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER,
WHETHER EXPRESSED OR IMPLIED, except and only to the extent otherwise provided in the
Agreement, all Seller's right, title and interest in and to the Judgment by Confession entered against
Kayer & Brown in favor of First Union National Bank on January 25, 2001 in the Court of Common
Pleas for Cumberland County, Pennsylvania, Case No. 01-531.
WITNESS/ATTEST:
WACHOVIA BANK, NATIONAL
ASSOCL{TION, formerly known as First
Union NationaLB~nk.
amc: Anthony J. Gerardo, Jr.
Title: Senior Vice President
STATE OF
)
COUNTYOF {,~.{ ~¢3 ) ) SS:
I HEREBY CERTIFY that on this~'~_O~ay of September, 2003 , before me, the undersigned
officer, personally appeared Anthony J. Gerardo, Jr., who acknowledged himself to be a Senior Vice
President of Wachovia Bank, National Association, and that he, in such capacity, being authorized to do
so, executed this Assignment of Judgment for the purposes therein contained, by signing the name of
Wachovia Bank, National Association, as a Senior Vice President of Wachovia Bank, National
Association.
hand~a~/'~ otaria,KSeal.
otary pu !!s_dl ,
My Commission expires:
I Nota~ Public-New Je~ey