HomeMy WebLinkAbout10-2690l
Defendants
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached
Steven J. Schiffinan, Esq.
Jeni S. Pilgrim, Esq.
PA ID Nos. 25488 & 209536
SERRATELLI, SCHIFFMAN & BROWN, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
sschiffman@ssbc-law.com
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MID PENN BANK,
V.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. l0 - a?qo C 1V % !Term
INCA MASON a/k/a INCA METALLO
d/b/a CASA CAFE, and ROBERT MASON : CIVIL ACTION - LAW
to the Complaint filed in this action, I appear for DEFENDANTS and confess judgment in favor
of the Plaintiff and against the Defendants as follows:
DEFENDANT INCA MASON a/k/a INCA METALLO d/b/a CASA CAFE
Principal Balance: $50,444.54
Interest through 4/14/10: $ 858.25
Late Fees: $ 345.20
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 5,164.80
Total $56,812.79
DEFENDANT ROBERT MASON
Principal Balance:
Interest through 4/14/10:
Late Fees:
.Attorneys' Fees (10% of
$50,444.54
$ 858.25
$ 345.20 O
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principal balance and interest,
as authorized by the Note): $ 5,164.80
Total $56,812.79
Respectfully submitted,
SERRATELLI, SCHIFFMAN & BROWN, P. C.
Stev J. Schiff squire
Jem ff. Pilgrim, wire
Pa. Nos. 25488 & 209536
Date: April 21, 2010
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717)540-9170
Counsel for Plaintiff
Steven J. Schiffinan, Esq.
Jeni S. Pilgrim, Esq.
PA ID Nos. 25488 & 209536
SERRATELLI, SCHIFFMAN & BROWN, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
sschiffmangssbc-law com
ipilgrimgssbc-law. com
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. . NO.
INCA MASON a/k/a INCA METALLO
d/b/a CASA CAFE, and ROBERT MASON : CIVIL ACTION - LAW
Defendants
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
Plaintiff files this complaint pursuant to Pa.R.C.P. 2951(b) for judgment by confession
and avers the following:
1. Plaintiff Mid Penn Bank ("Plaintiff') is an independently owned community bank
with a business address at 349 Union Street, Millersburg, Pennsylvania 17061.
2. Defendant Inca Mason a/k/a Inca Metallo d/b/a Casa Cafe ("Defendant Inca
Mason") is an adult individual with a fictitious name registration with a last
known address of 208 Reno Avenue, New Cumberland, Pennsylvania 17070.
3. Defendant Robert Mason is an adult individual with a last known address of 364
Pleasant View Drive, Lot 18, Etters, Pennsylvania 173 iq.
Count I
Loan No. 500045406 - Defendant Inca Mason
4. Plaintiff incorporates herein by reference paragraphs 1 through 3 of this
Complaint as if fully set forth herein.
5. On or about February 4, 2008, Plaintiff extended a loan to Defendant Inca Mason
in the amount of $65,000.00 ("the Loan")
6. To evidence its indebtedness under the Loan, Defendant Inca Mason
contemporaneously made, executed and delivered to Plaintiff a Promissory Note
dated February 4, 2008 ("the Note"). A true and correct copy of the Note, which
authorizes judgment by confession, is attached hereto as Exhibit "A."
7. Contrary to the terms and provisions of the Note, Defendant Inca Mason has
failed to make payments when due on the Loan.
Defendant Inca Mason's failure to make payments when due constitutes a
default under the terms of the Loan Agreement and the Note.
9. Plaintiff has notified Defendant Inca Mason of the default and demanded
payment. A true and correct copy of Plaintiff's November 5, 2009
demand letter Is attached hereto as Exhibit "B." Despite said demands, Defendant
Inca Mason has failed to pay the indebtedness owed to Plaintiff under the Note.
10. Under the terms of the Note, Plaintiff presently possesses the right to
demand payment by Defendant Inca Mason on all amounts due on the Note.
11. Under the terms of the Note, due to Defendant Inca Mason's default, Plaintiff is
also entitled to attorneys' fees equal to ten percent (10%) of the outstanding
principal balance and interest.
2
12. As the result of the default on the Loan 1, the following amounts are now
due to Plaintiff:
Principal Balance: $50,444.54
Interest through 4/14/10: $ 858.25
Late Fees: $ 345.20
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 5,164.80
Total $56,812.79
plus all amounts advanced by Plaintiff in collection of the debt
pursuant to the terms of the Notes and loan documents, along with
all reasonable attorneys' fees, future monthly late charges, and
future interest at the accelerated Interest After Default rate as
defined in the loan documents from the date of judgment.
13. The judgment sought herein is not against a natural person in connection with a
consumer credit transaction.
14. Note 1 has not been assigned.
15. Judgment has not been entered in any jurisdiction on the Note authorizing
confession.
WHEREFORE, Plaintiff, as authorized by the confession of judgment clause contained in
the Note, requests judgment to be entered against Defendant, Inca Mason a/k/a Inca Metallo
d/b/a Casa Cafe, in the sum of $56,812.79, plus any additional interest, attorneys' fees, and costs
authorized by the warrant of attorney.
3
Count II
Loan No. 500045406 - Defendant Robert Mason
16. Plaintiff incorporates herein by reference paragraphs 1 through 15 of this
Complaint as if fully set forth herein.
17. In partial consideration of the Loan extended to Defendant Inca Mason by
Plaintiff, as partial security for repayment, and as partial inducement to Plaintiff
to so act, Defendant Robert Mason made, executed, and delivered to
Plaintiff a Commercial Guaranty with regard to the indebtedness of Defendant
Inca Mason to Plaintiff under the Note, thereby personally guaranteeing
payment and performance (hereinafter the "Guaranty"). The Guaranty
additionally authorized judgment by confession. A true and correct copy of
the Guaranty is attached hereto as Exhibits "C."
18. As the Note is in default due to Defendant Inca Mason's failure to make
payments as required under the terms of the Note and the Guaranty, Plaintiff
presently possesses the right to demand payment in full of all obligations due
under the Note from Defendant Robert Mason based on the terms of the
Guaranty.
19. Plaintiff has notified Defendant Robert Mason of Defendant Inca Mason's
default and has demanded payment. A true and correct copy of Plaintiff s April
15, 2010, demand letter is attached hereto as Exhibit "D." Despite said demands,
Defendant Robert Mason has failed to pay the indebtedness owed to Plaintiff
under the Note and the Guaranty.
4
20. Under the terms of the Guaranty, Plaintiff is also entitled to attorneys' fees equal
to ten percent (10%) of the outstanding principal balance and interest due to
Defendant Inca Mason's default.
21. As the result of Defendant Inca Mason's default on the Loan, as previously
stated herein, the following amounts are now due to Plaintiff :
Principal Balance: $50,444.54
Interest through 4/14/10: $ 858.25
Late Fees: $ 345.20
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 5,164.80
Total $56,812.79
plus all amounts advanced by Plaintiff in collection of the debt
pursuant to the terms of the Notes and loan documents, along with
all reasonable attorneys' fees, future monthly late charges, and
future interest at the accelerated Interest After Default rate as
defined in the loan documents from the date of judgment.
22. The judgment sought herein is not against a natural person in connection with a
consumer credit transaction.
23. The Guaranty has not been assigned.
24. Judgment has not been entered in any jurisdiction on the Guaranty authorizing
confession.
WHEREFORE, Plaintiff, as authorized by the confession of judgment clause contained in
the Guaranty, requests judgment to be entered against Defendant Robert Mason in the sum of
5
$56,812.79, plus any additional interest, attorneys' fees, and costs authorized by the warrant of
attorney.
Respectfully submitted,
SERRATELLI, SCHIFFMAN & BROWN, P. C.
Pen J. Si
i S. Pilg:
ID Nos.
Esquire
& 209536
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717)540-9170
Counsel for Plaintiff
Date: April 21, 2010
6
VERIFICATION
I, Gregory C. Scheer, do hereby state, under penalty of 18 P.S. § 4904 relating to
unsworn falsification to authorities, that I am an authorized representative of Plaintiff Mid Penn
Bank, am authorized to give this verification on its behalf, and that the averments set forth in the
foregoing complaint are true and correct to the best of my knowledge, information, and belief.
Mid Penn Bank
By. . -2 Gregory C. cheer, Collections Manager
AFFIDAVIT OF NON-MILITARY SERVICE
I, Gregory C. Scheer, being duly sworn according to law, depose and say that I am an
officer of Plaintiff Mid Penn Bank and I am authorized to make this affidavit on its behalf
I hereby affirm that to the best of my knowledge, Robert Mason is not currently serving
in the United States Military, nor in any State or Territory thereof or its allies, as defined in the
Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto.
Date: ?-{ l 1 u 4 I ,
Gregory Schee Authorized Agent
Mid Penn Bank
Sworn to and subscribed
before me this /G?rN day
of
Notary Public
COMWON SVL AMA
NOTARIAL SEAL
Scott D. Washinger, Notary Public
Steelton Borough, Dauphin County
M commission expires Jul 14, 2012
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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: Inca Mason (SSN: 211-54-0419) DBA: Casa Cafe Lender: Mid Penn Bank
19 South 3rd Street Market Square Plaza
Harrisburg, PA 17101 17 North Second Street
Harrisburg, PA 17101
Principal Amount: $65,000.00 Initial Rate: 6.250% Date of Note: February 4, 2008
PROMISE TO PAY. Inca Mason ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, in lawful money of the United States of
America, the principal amount of Sixty-five Thousand & 00/100 Dollars ($65,000.00), together with interest on the unpaid principal balance from
February 4, 2008, 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:
The loan shall be payable over a term of seven (7) years. Commencing March 4, 2006, the loan shall be payable in eighty-four (84)
consecutive monthly installments, including principal and interest, in the amount of $960.09, based upon an amortization of seven (7)
years, with all subsequent payments due on the same day of each month after that. Interest shall be calculated at a rate of one-quarter
(.25%) percent above the Wall Street Journal Prime Rate (Index"), currently at six (6.00°/a) percent, resulting In an initial rate of six and
one-quarter (6.25%) percent per annum. The monthly installments shall be reviewed annually and reset based upon the then outstanding
principal balance, the remaining amortization period, and the interest rate, in an amount sufficient to maintain the original amortization
schedule. Provided, however, all outstanding principal, all accrued and unpaid interest, and any other charges as may have been
incurred will be due and payable in full on or before February 4, 2015.
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 quoted in the Wall Street Journal (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 notifying Borrower. Lender will tell Borrower the
current Index rate upon Borrower's request. The interest rate change will not occur more often than each month, on the first business day of the
month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 6.0001/9 per annum. The interest
rate to be applied to the unpaid principal balance during this Note will be at a rate of 0.250 percentage points over the Index, resulting in an initial rate
of 6.250% per annum. 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. Borrower may pay without penalty 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: Mid Penn Bank, Market Square Plaza, 17
North Second Street, Harrisburg, PA 17101.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever
is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a
5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would
have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment
at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under
applicable law.
DEFAULT. Each of the following shall constitute an event of default ('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.
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 misleading 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 Borrower 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 creditor
workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
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.
PROMISSORY NOTE
Loan No: 500045406 (Continued)
Page 2
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
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.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance
under 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.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
Lender or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
Commonwealth of Pennsylvania.
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the-jurisdiction of the courts of Dauphin County,
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,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) a Mortgage dated February 4, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated February 4, 2008.
PRIMARY DEPOSIT ACCOUNTS. Borrower agrees to open and maintain its primary business deposit account ("Account") with Lender so long as this
Note has an outstanding balance or loan availability. If Borrower does not open or maintain the Account with Lender, Borrower authorizes Lender to
increase the interest rate on this loan by one-quarter of one percent (0.250%).
SUCCESSOR INTERESTS. The terms of this Note 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 inaccuracy(ies) should be sent to us at
the following address: Mid Penn Bank, Market Square Plaza, 17 North Second Street, Harrisburg, PA 17101.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. 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 endorses this Note, to the
extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless
otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released
from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor
or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender
without the consent of 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.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES 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 CONTINOE 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.
PROMISSORY NOTE
Loan No: 500045406 (Continued)
Page 3
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:
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Inca Mason
LASER PRO Lam, Va. 5.55.90.9W Copy. Hulwid R-W SdWom. Im. 1997. 2009- M RW" Rm-d - PA RAM PlUMYC TRA913 PR-SECOTERM
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April 15, 2010
JENI S. {PILGRIM
(717) 635-2920
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Robert Mason
364 Pleasant View Drive, Lot 18
Etters, PA 17101
Re: Our client, Mid Penn Bank
Your Loan No. 500045406
Dear Mr. Mason:
FAX: (717) 635-2950
Please be advised that the above-referenced loan has been referred to this
law firm for collection as the result of your default under the terms of the
jpilgrim®ssbc-law.com promissory note executed by you for the loan in question. Mid Penn Bank has
directed this firm to commence proceedings to enter judgment by confession
against you on the loan in question, in accordance with the confession of
judgment provisions included in the loan documents. As of the date of this letter,
the outstanding balance is as follows:
LOAN # 500045406?
PRINCIPAL $50,444.54
INTEREST To 04/14/2010 $ 858.25
LATE FEES $ 345.20
NET PA YOFF $51,647.99
SUITE 201
2080 LINGLESTOWN ROAD
HARRISBURG, PA
17110-9670
(717) 540-9170
FAX (717) 540-5481
The above figures do not include outstanding interest or fees that are also
due on the loans in question. A timely notice of each payment and the amount
due was forwarded to you prior to the relevant due date, and you failed to make
these payments in a timely manner. Therefore, you are in default under the terms
of the Promissory Notes, which subjects you to late charges, additional interest at
an accelerated rate, and other adverse financial consequences.
If Mid Penn Bank does not receive payment in full for each of these loans
within ten days of the date of the date of this letter, judgment will be confessed
against you. If judgment is entered against you, interest on your loans will
continue: to accrue at the accelerated rate. In addition, you will be assessed any
costs incurred by Mid Penn Bank in recovering the debt, including attorneys' fees
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equal to 10% of the sum of the outstanding principal and interest for the
collection.
Nothing contained in this letter is intended as a waiver or a release of any
of the terms or provisions of your Loan Documents, including without limitation,
the requirement that you, the Guarantor, pay on demand any amounts so payable
under the provisions of the instrument evidencing the same. Mid Penn Bank
reserves all rights and remedies available to it under the Loan Documents, and
applicable law, all of which are hereby expressly reserved. No discussions
between Mid Penn Bank and the Borrower and/or Guarantor concerning this
notification, other relationships between the Bank and the Borrower and/or
Guarantor, or any other matter shall imply an agreement on the part of Bank to
waive any of its rights and remedies, or to forbear from taking any action
authorized by the Loan Documents or applicable law, regardless of whether such
discussions are continuing. The acceptance of a partial payment of any of the
obligations of the Borrower and/or Guarantor to Bank shall not be deemed a
waiver or limitation of any of the Bank's rights reserved herein as to the full
amount of any unpaid balance. Any delay or forbearance by Bank in the
enforcement or pursuit of any of its rights and remedies under the Loan
Documents or applicable law shall not constitute a waiver and thereof, nor shall it
be a bar to the exercise of Bank's rights or remedies at a later date.
Please be guided accordingly.
Sincerely,
SERRATELLI, SCHIFFMAN, BROWN & CALHOON P. C.
11 - iis. P' gr' , Esq.
Cc: Greg Scheer, Mid Penn Bank
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COMMERCIAL GUARANTY
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.
Anv item above containing ""'" has been omitted due to text length limitations.
Borrower: Inca Mason (SSN: 211-54-0419) DBA: Casa Cafe Lender: Mid Penn Bank
19 South 3rd Street Market Square Plaza
Harrisburg, PA 17101 17 North Second Street
Harrisburg, PA 17101
Guarantor: Robert Mason (SSN: 204-59-7894)
208 Reno Avenue
New Cumberland, PA 17070
GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full
and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations
under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty
against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any
collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its
order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise
perform Borrower's obligations under the Note and Related Documents.
INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or
more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from
any and all debts, liabilities and obligations that Borrower individually or collectively or interchangeably with others, owes or will owe Lender under the
Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions of the Note and Related
Documents.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall
be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's
liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice
to Guarantor or to Borrower, and will continue in full force until all the Indebtedness shall have been fully and finally paid and satisfied and all of
Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other
guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more
Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's
liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or
other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to after, compromise, renew, extend, accelerate, or otherwise
change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases
of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold
security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any
such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's
sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of
payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without
limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine;
(G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements
of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at
Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions
of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a
violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of
Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein;
(F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial
information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material
respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has
occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which
may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action
(including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the
creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information
regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which
might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to
Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower.
GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following:
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor.
Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period ended,
Federal and other governmental tax returns, prepared by Guarantor.
All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and
certified by Guarantor as being true and correct.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to
extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the
indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser,
or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for
payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust
COMMERCIAL GUARANTY
Loan No: 500045406 (Continued)
Page 2
any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or
private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial
Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any
matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses
arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a
claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise
of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's
rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting,
qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by
reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right
to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at
any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any
applicable statute of limitations; or (F' any defenses given to guarantors at law or in equity other than actual payment and performance of the
Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is
forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law
for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of
setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the
Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made
with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to
public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the
extent permitted by law or public policy.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor 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. Guarantor
authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts
to pay what Guarantor owes under the terms of this Guaranty.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created,
shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent.
Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender
may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by
an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both
Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all
claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such
assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any
notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same
are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time
to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary
or appropriate to perfect, preserve and enforce its rights under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party
or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and
Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this
Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal
expenses whether or not there is a lawsuit, including attomeys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs
and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the
laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions.
Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County,
Commonwealth of Pennsylvania.
Integration. _ Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims,
damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,
representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be
deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this
Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and
any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of
them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this
Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty
may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability
companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors,
partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the
professed exercise of such powers shall be guaranteed under this Guaranty.
COMMERCIAL GUARANTY
Loan No: 500045406 (Continued)
Page 3
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be
effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,
directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under this Guaranty by giving
formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,
Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is
more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance
with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor,
shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of
Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
Lender or Guarantor against the other.
DEFINITIONS. The following capitalized words and terms shell have the following meanings when used in this Guaranty. Unless specifically stated to
the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the
singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Inca Mason and includes all co-signers and co-makers signing the Note and all their successors and
assigns.
GAAP. The word "GAAP" means generally accepted accounting principles.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Robert Mason, and in each case, any
signer's successors and assigns.
Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender.
Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. The word "Lender" means Mid Penn Bank, its successors and assigns.
Note. The word "Note" means the promissory note dated February 4, 2008, in the original principal amount of $65,000.00 from Borrower to
Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or
agreement.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY
AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY
AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR
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 GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR 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 GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED FEBRUARY 4, 2008.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
X (Seal)
Robert Mason
00
COMMERCIAL GUARANTY
Loan No: 500045406 (Continued) Page 4
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF f 1 U PN N ) SS
)
On this, the day of 66?Z U 2 20- before me Jean P. Zonar'ich
the undersigned Notary Public, pe ally appeared Robert Mason, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein
contained.
In witness whereof, I hereunto set my hand and official seal.
Notarial Seal
Jean P. Zonarich, Notary Public
Xy Of fiardeb % Dauphin County
Public in and for the State of PA
LASER PRO
Pormytvanla Aseodation of Notaries ?•?" r ru .rvruEm.FC TR-4SI3 PR-SECCTERM
It.
Steven J. Schiffman, Esq.
Jeni S. Pilgrim, Esq.
PA ID Nos. 25488 & 209536
SERRATELLI, SCHIFFMAN & BROWN, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
sschiffman(a ssbc-law com
ipil im(a?ssbc-law.com
MID PENN BANK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. id - o - 6 90 c / -?e / M
INCA MASON a/k/a INCA METALLO
d/b/a CASA CAFE, and R0I3ERT MASON : CIVIL ACTION - LAW
Defendants
CONFESSION OF JUDGMENT FOR MONEY
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 DEFENDANTS and confess judgment in favor
of the Plaintiff and against the Defendants as follows:
DEFENDANT INCA MASON a/k/a INCA METALLO d/b/a CASA CAFE
Principal Balance: $50,444.54
Interest through 4/14/10: $ 858.25
Late Fees: $ 345.20
Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 5,164.80
Total $56,812.79
DEFENDANT ROBERT MASON
Principal Balance: $50,444.54
Interest through 4/14/10: $ 858.25
:Late Fees: $ 345.20
.Attorneys' Fees (10% of
principal balance and interest,
as authorized by the Note): $ 5,164.80
Total $56,812.79
Respectfully submitted,
SERRATELLI, SCHIFFMAN & BROWN, P. C.
StevefiJ. Schif
uire
Jeni Pilgrim, Wuire
Pa. I Nos. 25488 & 209536
Date: April 21, 2010
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717)540-9170
Counsel for Plaintiff
MID PENN BANK,
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. _JO -alogp Civil ery,
INCA MASON a/k/a INCA METALLO
d/b/a CASA CAFE, and ROBERT MASON : CIVIL ACTION - LAW
Defendants
CERTIFICATION
n
I hereby certify the precise last known addresses of the parties are as follolll?§C
Defendants: r-1-, r_
-
?'
Defendant Inca Mason a/k/a Inca Metallo d/b/a Casa Cafe <_" - t s
208 Reno Avenue
New Cumberland, Pennsylvania 17070 w x
CJJ
Robert Mason
364 Pleasant View Drive, Lot 18
Etters, Pennsylvania 17319
Plaintiff:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
By:
ni . ilgrim, Esquire
a. I o 209536
2080 Linglestown Road, Suite
201Harrisburg, PA 17110-9670
(717) 540-9170
Counsel for Mid Penn Bank
Date: April 21, 2010
R?
MID PENN BANK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 10 - 2(090 aivi l Icr "
INCA MASON a/k/a INCA METALLO
d/b/a CASA CAFE, and ROBERT MASON : CIVIL ACTION - LAW
Defendants
Notice Under Rule 2958.1
of Judgment and Execution Thereon
CONFESSED JUDGMENT cC
G
°
.?
TO: Defendant Inca Mason a/k/a Inca Metallo d/b/a Casa Cafe r r'a
y
208 Reno Avenue
New Cumberland, Pennsylvania 17070
Robert Mason
364 Pleasant View Drive, Lot 18
Etters, Pennsylvania 1730-
A judgment in the amount of $56,812.79 has been entered against you and in favor of the
Plaintiff without 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 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
DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
MID PENN BANK,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. W -QW0 0,,Vil Ie<'A
INCA MASON a/k/a INCA METALLO K
d/b/a CASA CAFE, and R013ERT MASON : CIVIL ACTION - LAW ?' T,
?
Defendants
NOTICE PURSUANT TO 42 Pa C S 427371 {=
N J
,
Please take notice that the Plaintiff in this matter has entered judgment by confession against you
in the amount of $56,812.79.
You are entitled to a petition to "strike" or "open" the judgment. In order to do so, you
must promptly file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Any such
petition can be filed with the clerk or Prothonotary at the courthouse in Carlisle, Cumberland
County.
A petition is a formal statement of your basis for challenging the judgment. You must
include the names of the parties at the top of the first page and the case number, which is shown
above. The petition must state your reasons for challenging the judgment in separate numbered
paragraphs. You have to sign the petition and include a sworn statement at the end of the
document verifying that the facts you state in the petition are true and accurate. You will waive
any defense and objections not included in your petition to strike or open. You must therefore
make every effort to raise all possible issues and defenses in your petition to strike or open in
order to avoid waiving any claims.
If you elect to file a petition, you must meet the requirements of Rule 2959 of the Rules
of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to
comply with local rules of procedure in effect in the county where the judgment was entered.
If you do not file a petition challenging the judgment, the Plaintiff may take steps to
collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should
immediately seek the advice of attorney. If you wish to discuss the matter with an attorney but
do not know how to find one, you may request a referral by contacting the following agency:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Corporations may be unable to represent themselves in court. If the defendants include a
corporation, the corporation must appear through an attorney if it intends to challenge the
judgment.
You may receive other papers and notices regarding the judgment. Those other papers do
not negate or override this Notice. Likewise, this Notice is not intended to and does not negate
any of the notices or information obtained in other papers that may be served upon you.
We reiterate that you are required to act promptly if you wish to seek relief from the
judgment. Under certain circumstances, you have only 30 days in which to file a petition after
papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order
to protect your interests. Failing to act in a timely manner will render you unable to challenge
the judgment at a later time.
If you were incorrectly identified and judgment was entered against you in error you
may be entitled to collect cost and reasonable attorney's fees as determined by the Court.
Date: April 21, 2010
By.
J i S. P' im, Esquire
a.ID 209536
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
Counsel for Mid Penn Bank
A
Rule 2959. Striking off or Opening Judgment. Pleadings. Procedure.
(a)(1) Relief from 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 judgment 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 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 Rule 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 were 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 of 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 defense and objections which are not in the petition or answer.
(d) The petition and 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 deposition of the application to strike off the judgment. If the
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.
(g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with
instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or
regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision
(g)' which have not been stricken or opened as of the effective date and (2) judgments entered on or after
the effective date.
1 Subd. (g) added by Order of Sept. 28, 2004, imd. effective.
1 6)
MID PENN BANK,
V.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 10 -awl) 0,1vil I err
INCA MASON a/k/a INCA METALLO
d/b/a CASA CAFE, and ROBERT MASON : CIVIL ACTION - LAW
Defendants
TO:
Defendant Inca Mason a/k/a Inca Metallo d/b/a Casa Caf6
208 Reno Avenue
New Cumberland, Pennsylvania 17070
Robert Mason
364 Pleasant View Drive, Lot 18
Etters, Pennsylvania 173iq
NOTICE
Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been
entered against you in the above-captioned matter.
Date: ??? Prothonotary