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HomeMy WebLinkAbout01-0706(Rule of Civil Procedure No, 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELLON BANK N.A. 1735 Market Street, 7th Floor Philadelphia PA 19101-7899 VS. CAROLYN L. THOMPSON Individually and d/b/a C&J ENTERPRISES 5 l 0 East Marble Street Mechanicsburg, PA 17055 No. - TO: Carolyn L. Thompson NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: Robert C. Lopez, Esquire WOLF, BLOCK, SCHORR & SOLIS-COHEN LLP 1650 Arch Street, 22d Fl. Philadelphia PA19103 (215) 977-2000 BLU- 106016 1/LRC 1681/MEL049q 29331 Total Pages: WOLF, BLOCK, SCHORR and SOLIS-COltEN LLP BY: Robert C. Lopez, Esquire I.D. No. 80163 1650 Arch Street, 22d Fl. Philadelphia PA 19103 215-977-2000 MELLON BANK N.A. 1735 Market Street, 7th Floor Philadelphia PA 19101-7899 VS. CAROLYN L. THOMPSON Individually and d/b/a C&J ENTERPRISES 510 East Marble Street Mechanicsburg, PA 17055 Attorney for Plaintiff' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY 1. Plaintiff, Mellon BankN.A., is a national banking corporation with a place of business at the above-stated address. 2. Defendant is Carolyn L. Thompson, individually and d/b/a C & ~ Enterprises with a last known address as stated above. 3. On or about January 16, 1998, in consideration for credit accommodations granted by Plaintiff, Defendant executed and delivered a certain Promissory Note and Security Agreement in the principal amount of Two Hundred and Forty Three Thousand Dollars ($243,000.00) ("Note"). A true and correct copy of the Note is attached hereto and marked Exhibit "A". 4. There has been no assignment of the documents attached hereto as Exhibit "A". 5. Judgment has not been previously entered against Defendant in this jurisdiction on the documents marked Exhibit "A" hereof. 6. Upon demand or default, the full accelerated indebtedness due under the Note becomes immediately due and payable, together with accrued interest at the rate set forth in the Note, attorney's fees, costs and expenses. 7. Defendant is in default under the terms of Exhibit "A" hereof by virtue of their failure to tender timely payments when due and/or upon demand and has become liable to Plaintiff for the following amounts broken down as follows: Principal Balance Accrued Interest until 1/29/0 (per diem $59.60) Attorney's Fees and Costs Total: $238,424.53 58,446.07 (To be assessed sec. leg. ) $296,870.60 8. Despite demand by Plaintiff, Defendant has failed and refused to tender the obligation set forth in Paragraph 7 hereof 9. Defendant is a natural person and this judgment is not being entered against a natural person in connection with a consumer credit transaction. 10. This Confession of Judgment does not arise out ora retail installment sale, contract or account as defined under the Goods and Services Installment Sales Act, 69 P.S. Section 1101, e_it se_~.c. BLU 106016_l/LRC168I/MEL049-129331 013101/12:27 WHEREFORE, Plaintiffdemands judgment in its favor and against Defendant in the amount of $296,870.60 together with interest accruing at the rate set forth in the Note. WOLF, BLOCK, SCHORR AND SOLIS~COHEN LLP Robert ~/fiz~squir e 013101/12:27 VERIFICATION Walter J. Letts, hereby states that he is a Vice President of Mellon Bank N.A., the Plaintiff herein, and as such he is authorized to take this verification and states that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief and that this verification is taken subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn falsification to authorities. It is further verified that the transaction in question is of a commercial nature and that Defendants are in default thereunder. 013101/12:27 EXHIBIT "A" Iq~r val,e received, and intending lo hc lega(ly hllund. [fndcrsigncd. 00/1OO Dollars ($ ?47 Or'WI Cltq ), or such (csscr or greater discretionary linc ~ff crt~dil cs~al'fiishccl hy Bank far Ibc hcne[h of date o[' this Note and Security Agreement ("Nnte"~ a~ me rmcls) CCtmlractuat Rate(s/"} specified harem. INTEREST SHALL BE CALCULATED AT THE ~T~ OF 9.00% PER ANNUM, BA~ED ON A 360-~AY YEA~ AND ACTUAL DAYS ELAPSED. PRINCIPAL AND INTEREST SHALL BE PAID IN 119 CONSECUTIVE MONTHLY INSTALLMENTS O~ ~3,095~00 EACH, THEREAFTER ON THE ~ DAY OF EACH MONTH WITH THE BALANCE OF THE INDEBTEDNESS, ~F NpT ~ Upon the occurrence tff any Event of Default {as defined Below), (2%1 per annum above the Contractual Rate(si specified until earlier M {a} the date thal such Event of Default has been cared. (b) until and including the date of maturity hereof, or {ct if this Note is payable on demand, until and including ~he dam payment in f'utl set R~rth in any such deman& whichever t~e case THOMPSON, CAROLYN L., TNDIVII)I!Af.iY AND D/B/A C & J ENTERPRISES [01-875-13054 equal h) 2 percent (2"~,t per annam ab(we tl~c Cdmractual Rate{s) specii%d until ail sums duc hereunder are paid. Imerest shall , If any payment (including without limitatkm any regularly scheduled % al'the unpaid pi~rtinn of the payment duc 25.00 Iht grealcr m % . nr -- % (ff thc unpaid late payment charge does not apply Such late charge shaft he in addition to any increase made to the Commetual Rate(s) applicable to the outstanding balance hereof as a resu{t ~tf maturity of this Nme nr otherwise, as ',ve~l as in additinn to any other applicable fees, charges and costs. Undersigned shall have thc right, at ks option, to prepay this Note in whole at any time ar in part fram 0me to ~ime. Any such prepayment shall he applied first to any accrued but unpaid interest, secondly to the prepayment charge, if any, discussed below, and lastly to the unpaid installmems of principal in thc reverse order of their scheduled maturities. In the event that any portion of principal of this Nora accruing interest at a lked rate is prepaid for any reason whatsoever, whether by declnration, acceleration, demand or olherwise and whether or nnt an Event of Default has occurred, a prepayment charge shat[ he due and payable by Undersigned to Ihmk. calculated :ts described in the Prepayment Addendum, if any, which references this Note, from Undersigoed to Bank. incorporated herein hy reference and made a part hereof. All such prepayments shall he suPyect m ail terms and conditions of any such Prepaymern So krug as Bank is the holder hereof. Bank's hooks and records shall he presumed, except in the case of manifest errnr, to accurately evidence at all times ail anloums outstanding udder this Note and the date and amoum (if each advance and ptly~cnt made pursuant hereto. Thc prompt and ~aitbful performance of al/ of Undcrsigl'~ed's obligations hereunder, including without limitation time of pnymcfa. Certain terms used in this Note are defined in Section 14 bdow. Page I. Security Interest. Undersigned hereby grants to [~ank a ~ucuray interest in the k)tlowing property dow owne~ or herealier ucquircO ~y Un0ersigne0: ~, ia) all equipment, wherever [ocamd intruding macBme~, motor ve~ic[es, rhrnimre and ~txtures: ~' (h) all invento~ (whether held tt~r sure or lease or to be lurnished under contracts ti[ se~lceL raw ~luterkt[s. werk In and right of setoff against, all deposit accouhts~ credits, securiues. moneys or other property of Undersigned which ri'Jay at any time he proceeds (cash and non-cash} of all the klregtling pruperty; ;ink[ (l) All such property subject to Batik's security interests described in 2. Obligations Secured. The Collateral shall secure the ft>llowing obligations ("Ohligatiuns") or' Undersigned to Bank: (a) alt amoums nI any lime owing or payable under ~his Nolo; (D) all ct~ts and Nme or the protection of fmc Collateral: (c) ail ~ture udvances made the Collateral; and (d) any ot~er indebtedness, liability or obligation of Undersigned to Bank, past, present or ~ture, direct ur indirect, absolute or cnntingent, individual, joint or several, now due or to nr othe~ise, except that none of the security interests created herein shall secure any obligation incurred by Uneersignefl wgich ia as 'cunsumer credit' by Federal Resume Bnard Regulation Z, 12 C.F.R. {226.1 et seq.. and is not exempted from the application of friar Regulaiion. 3. Representations. Undersigned hereby makes Ibc IuIlowin~ of the creuuon of any Obligation secure0 hereby and until the Obligations secured 8ereby shall have been paid in full: (a) Undersigned's residence and/or Chie~ Executive Office, as the may be. is as state0 below or as othe~ise stated in u subsequent Ufleersigned has good and marKetanle trite to thc Collateral subject the cumru~ to Ban~ in writing pm}r to the execution of this Note; and (c) if any of the Undersigned is an indMOuuL each such in0ividual is at Ieust 18 years ~f age and unOer no legal disability £)hligauuns secured hereunder have been paid itl full, Undersigned ht:redt} (b) dot permit use uf the Collateral fur any illegul purposes; (c) promptly noffi~ Bank tn writing nf any change in its or their ~uch title against thc ctaims und demands of all persons; (t) not (1) Collateral, [3) permit ~he Collateral's iden[~ [o be k>~, (4) permit (5) p~rmit or cause any securzty inierest or lien to arise with respect Page 2 of 6 subsections I Ii, (Z). (5,) ~r (6) hercl)t': (gl maimam the Collalcral in deposited with Bank: (j) provide, upon request, financial or olher interest(s) created in (h~s Note and pay, upon demand by Ban~, (t) all costs and fees pertaining to the filing of any financing, pieces, judgments and any other ~pe of document which Bank Undcrsi?ed. and {2) all costs and expenses incurred hy Bank in Be ddNered to Bank within 10 days from the later of the date of attorney's costs and at{ costs of legal proceedings: and tn} all applicable Environmemal Laws ([ts hereinafter defined) and require any ~f them under any Environmental Law to pay or ex~end rum. Is by 'way of fines, ludgments, damages, cleanup, remediation or thc lik~: in an aggregale amoum, the payment of which could tiweatened release of Hazardous Suhstaoces: anti (et Undersigned shall pro,.dde at Undersigned's cost. upon request by Bank. to Bank. 6. Additional Representations. [f the Collateral includes inventory and/or accounts, the follovdng shali be applicable: In addition to any representations and warrannes set forth elsewhere in this Note. Undersigned hereby makes the t'otlowtng representations and warranoes which shall he true and correct on the date hereof and shall continue n) be true and correct at the time uf any borrowing made hereunder and until the OBligations shall have been paid in full: ia) each accounu (I) represents an amount actually owing to Undersigned by the account debtor (less discounts allowed for prompt payment); (2) is valid and enforceable according to its terms without further performance of any kind; (3) is not evidenced by any instrument or chattel paper unless thc original el such instrument or chattel paper has been deposited with Bank: and (4) is not exqdenced by any judgment unte~ such judgment has Been assigned of record to Bank: and th) the locations of all of Undersigned's places of Business are as stated elsewhere in this Note, and the inventory' and records of the accounts are kept at the places indicated elsewhere in this Note, 7. Additional Cnvenants, [f the Collateral inciudes inventory, and/or accounts, the following shall he applicable: [n addition to the covenants set forth elsewhere in this Note. Undersigned envenoms and agrees that until the OBligations snail have Been paid in full Undersigned shall: (at immediately noti~ Flank in writing in the event lhat any of thc following occurs: ( l ) any acer)un[ is or heft)mos entitled to or eligible for discount for prompt payment: (2) a~y aclmuat dchtor los ur may have any defense to payment of, or right ttf scloff, counlerc}alm, or recoupment against any account: (3) lilly accoum represents lin amount whicrt is disputed by the account richter ur the payment of which is in any way contingent or conditional: or (4-) thc desirability, usefulness, or marketability of any of thc mvemory has been in any way reduced or a'npaired Dy reason of physical dcterioratium technical o~solescence. (~r otherwise; /~} keep accurale and c~mplcte hooks and records in accordance with generally accepted accountmg prmciples and. at Undcrsigncd's expense, pmmpdy furnish Bank suc~ information and documents relating Io the Collateral at such times and in such form and detail as Ban~ may request, including without/imitation: ( l } copies of invoices Page 3 o f 6 or other evidence of Unders~gned's accounts and schedules sm)wing the aging, idemification, reconciliation, and collection thereof; /2) evidence uf shipment uno receipt of gnnds and thc perle*finance ~ff services or obligations covered by accuunts; and reports as to UndersigneCs inventory and purchases, sales, damage, ur toss thereof; all tff the foregoing to Be certified by authorized officers or other empk)yees tff Undersigned; (c) not change any incation listed e[sewhere in this Note regarding places of busine~, inventory and retards of accounts without Bank's prior written consent: (d) at Undersigned's expense, diligently collect the accuums un behalf uf Bank until such time as Bank exercises its the original lorm in which received: (e) immediateky upon Bank's at Bank and deposit therein all cash proceeds ut collections un the accoums: (L) immediately upon Bank's request, g~ve Ibc Bank breached, cancelled or terminated: id) immediately upun Bank's request, furnish Bank wilb all inR~rmation received ~y Undersigned regarding the financial condiuon uf any accoum dehtur, except Itl the extent prohibited by lay,: th) immediately de~iver to Bank all Collateral and immediately a~ign of record to Bank any judgment representing any account constituting Collateral; and immediately upon Bank's request, mark its records evidencing its accounts have been assigned to Bank. $. Events of De£auit. The occurrence of any of the tBLIow~ng shall constitum an "Event of Default" hereunder: (a) default in payment or performance pi any of the Obligations evidenced or secured by this Note or any other evidence of liability of Undersigned to Bank: (b) the breach by any Obligor (defined as Undersigned and each surety or guarantor of any of Undersigned's liabfiities to Bank, as well as any person or entity grunting Bank a security interest in property to secure the Obligations evidenced here~) of any covenant contained in the Loan Agreement (if any), th~s Note, or in any separate security, guarantee or suretyship agreement between Bank and any Obligor, the occurrence of any default fiereunder or under the terms of any such agreement, or the discovery By Bank of any false or misleading representation made by any Obligor herein or in any such agreement or in any other information submitted to Bank hy any Obligor; (c) witfi respect to any OBligor: ([) death ur incapacity of any individual or general partner: or dissolution of any partnership or corporation; (d/ any assignment /or the Benefit uf creditors ~y any Obligor; (e) insolvencT of any OBligor; (f') the filing or commencement of any petition, action. case or proceeding, voluntary or involuntary, under any state or federal law regarding ban~uptc% insowenc,'y, reorganization. receivership or dissolution, incLuding the Bankruptc.'y Reform Act of 1978, as amended, by or against any Obligor; (g) dePau[t under the terms of any lease of (~r mortgage un the premises where any C~llateral is [orated: th} garnishment, tax a~sassment, attachment ur taking by governmental authority or other creditor t~t any Collateral t~r uther property of any Obligor which is in Bank's possession or which constitutes security Oar any Ohiigauons evidenced or secured hereby: [i) eotry Of judgment against uny ObLigor in any court uf record: (j) the assessmcm against any Obligor by the internal Revenue Service or any other t~deraL state the entedog of a lien in connectitm therewith: (k) a determination By Bank. which dmermination :~hall be conclusive if made in gl)ual t2r business condition of Undersigned; (1} the maturity of any life insurance policy held as cullateral under this Note by reamn uf the cancellation, denial of liability, or the attempt of any of the fi~regomg, By any Ohtignr of any obligation or liability whatsoever of the Obligor to Bank. including without limitation any security, guarantee or suretyship agreement: or tn) det~uit by Undersigned in t~e payment of any tndeOte~nass uf Undersigned ur in the performance uf any tff UnOersigned's ublisufions (uther than indchtedness or obligatkma cvldence~ By this Note ur uny uther evidence of liability o/ Undersigned tu Bank~ abe such default shall cuntinue fur mure'ihan any applicable grace perlnd. 9. Accelerntiom Remedies. Upon either (i) the occurrenct: of any Event uf Default, or (ii) if this Note ts payal0ie un demand, suc~ demand hy Bank: {a) all amounts dug under this Noir, including thc unpaid balance ut principal and interest hereoL shaft become immediately due and payable at thc opnon iff Bank, withuut any to both parties; ir) Bank may immediately and without demand 8(B hereeL all amounts due under this Note, including without fimitation the unpaid balance of principal and interest hereof shall I0. BanWs Rights. Undersigned hereby authorizes Bank, and Bank shall have the continuing right, at its sole option and discretion, to: {a) do anything whicB Undersigned is required but fails to do hereunder, and in particular Bank may, if Undersigned fails to do so. ti) insure or take any reasonable steps to protect the Collateral pay all taxes, [eries. expenses and costs arising with respect to the Collateral. or /3) pay any premiums payable on any policy of insurance required to be obtained or maintained hereunder; direct any insurer to make payment of any insurance proceeds. including any returned or unearned premiums, directly to Bank, and apply such moneys tu any Ohligatiuns or other amounts evidenced ur secured hereby in such order or fashion as Bank may elect: (c) inspect the Collateral ut any reasonable time: (d) pay any amounts Bank elects to pay or advance hereunder on account of insuraoce, taxes ur other costs, fees or charges arising tn cunnecnun with the CutItueraL either directly to the payee of such cost. fee c,r charge, directly to Undersigned. or rd such payee/s) and Undersigned jointty; (el pay the proceeds of the loan evidenced by this Note to any or all of the U?idersigned individually or jointly, ur to such other persons as atV uf the Undersigned may direct: and (~) add any amounts paid or incurred by Bank under Section 4(k}, Section 4(m), Sectiun [0(a} or 5ectlun tO{d) to the principal amount of the indebtedness evidenced by this Note. In additiun to all rights given m Bank by thi~. Note, Ban& shall have all the rights and remedies of a secured party under any applicable law, including without limitation, the Uniform Commercial Code, Il. Additiunal Righm of Bank. if the Collateral includes inventory, and/or accounts, the following shall be applicable: in addition to Bank's rights set. forth elsewher? in this Note, Undersigned hereby ?age I of 6 cxcrcistng any such righ[. (h) Bank shall rclain thc lien of nny judgment ur security interest. (c) [f any pr{wision here[ff sl~atl [ur successors and assigns. (c) This Note shatl in ail respects be [~ndcrsigned herehy irrevncahly appoints Bank and each holder ill'~Cm~l~, and/~r accounls, thc {blk)wlng x'aall he applicable: l~ additilm Io any p~wcrs of alt~rncy ~ramcd to Bank by Undersigned elsewhere in this Note. Undcrsigncci hereby app~m~ts Bank and ~ls endorse Undcrsigned's name [m ail media ~2f paymem delivered tu ltailk or dcN~sitcd iB tBc Casl~ CotlateraI Acct~um: (b} notify Bank shall have m> bahi}j/y ll) Undersigned except f(~r wil{t'ul E~rmutas: (c) "Chief Executive Office" means the place from which "Undersigned" rcli2rs individually and collectively to all makers of this (Remainder of page iutentiunnlly left blank) 15, Confesaion of Jadgment. Undersigned h~r~by empowe~ the Undersigned and to confess judgment as nften a~ necessary against Undersigned in favor of the holder here~f, regardless of whether any event of defuult has occurred, at any time and as of hereof and all uther llmunn~ due herennder, together with costs of legal prnceedings and an attorney's commiaslon equa| to the lesser of la} ~.1}% of the above sum and interest then due heretmder I}r $500.00, whichever is greater, ur ih} the maximum amount permitted hy law, with release of all error~. Undersigned waives all Wiu~ess lhe due exec~ereuf under seal. Locations of inventory: 5252 E. TRINDLEI ROAD MECHANICSBURG, PA 17055 5252 E. TRINDLE ROAD MECHANICSBURG, PA 17055 WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP BY: Robert C. Lopez, Esquire I.D. No. 80163 1650 Arch Street, 22d Fl. Philadelphia PA 19103 2 l 5-977-2000 MELLON BANK N.A. 1735 Market Street, 7th Floor Philadelphia PA 19101-7899 VS. CAROLYN L. THOMPSON Individually and d/b/a C&J ENTERPRISES 510 East Marble Street Mechanicsburg, PA 17055 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONFESSION OF JUDGMENT Pursuant to the warrant of attorney set forth in the documents evidencing Defendants' indebtedness to Plaintiff, a true and correct copy of which is attached to the Complaint filed in this action as Exhibit "A" thereof, I hereby appear for Defendant and confess judgment, exclusive of costs, in favor of the Plaintiff and against Defendant as follows: Principal Balance Accrued Interest until 1/29/01 (per diem $59.60) Attorney's Fees and Costs Total: $238,424.53 58,446.07 (To be assessed sec. leg. ) $296,870.60 WOLF, BLOCK, SCHORR and SOLIS-COHENLLP By: ~ -~,_~ J Robert C~:6pez, Esquire BLU-106016 1/LRC 168 I/MEL049-129331 013101/12:27 WOLF, BLOCK, SCHORR and SOLIS-COFIEN LLP BY: Robert C. Lopez, Esquire I.D. No. 80163 1650 Arch Street, 22d Fl. Philadelphia PA 19103 215-977-2000 MELLON BANK N.A. 1735 Market Street, 7th Floor Philadelphia PA 19101-7899 VS. CAROLYN L. THOMPSON Individually and d/b/a C&J ENTERPRISES 510 East Marble Street Mechanicsburg, PA 17055 Attorney for Plaintiff No. ~ ~ 7('~{c:, COURT OF COMMON PLEAS CUMBERLAND COUNTY ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES AND NOW, this . ~'4J'X. day of ~'-¢' Lt', ,.t ~ ~_/ , 200I, judgment is entered in favor of Plaintiff and against Defendant and damages are assessed in the amount of $296,870.60 as follows: Principal Balance Accrued Interest until 1/29/01 (per diem $59.60) Attorney's Fees and Costs Total: $238,424.53 58,446.07 (To be assessed sec. leg. ) $296,870.60 BY THE COURT: Prothonotary 013101/12:27 WOLF, BLOCK, SCI/ORR and SOLIS-COHEN LLP BY: Robert C Lopez, Esquire I.D. No. 80163 1650 Arch Street, 22d Fl. Philadelphia PA 19103 215-977-2000 MELLON BANK N.A. 1735 Market Street, 7th Floor Philadelphia PA 19101-7899 VS. CAROLYN L. THOMPSON Individually and d/b/a C&J ENTERPRISES 510 East Marble Street Mechanicsburg, PA 17055 Attorney for Plaintiff No. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CERTIFICATION I hereby certify the precise address of the Plaintiff is: 1735 Market Street, 7th Floor, Philadelphia PA 19101-7899 and the last known address of the Defendant is: 510 East Marble Street Mechanicsburg, PA 17055 WOLF, BLOCK, S CHORR and SOLIS-COHEN LLP Rob..e~pez, Esquire 013101/12:27 VERIFICATION OF NON-APPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT I, ROBERT C. LOPEZ, ESQUIRE, being duly sworn according to law, depose and state that I am counsel for Plaintiff; that I am authorized to make this affidavit on behalf of Plaintiff, that this Confession of Judgment does not arise out of a "retail installment sale, contract or account" as defined under the Goods and Services Installment Sales Act, 69 P.S Section 1101 et sec. This verification is taken subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: Rob~h C. ~pez, Esquire 013101/12:27 VERIFICATION OF NON-CONSUMER CREDIT TRANSACTION 1, ROBERT C. LOPEZ, ESQUIRE, state that I am counsel for Plaintiff; that I am authorized to take this Verification on behalf of Plaintif~ that the Defendant is not a natural person and this judgment is not being entered against a natural person in connection with a consumer credit transaction. This verification is taken subject to the penalties of 18 Pa. CSA. §4904 relating to unsworn falsification to authorities. Dated: BLU-106016 I/LRC I681/MEL049-129331 AFFIDAVIT OF DEBTORS' WAIVER OF RIGHTS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ROBERT C. LOPEZ, ESQUIRE, being duly sworn-affirmed according to law deposes and says that he is counsel for Plaintiff in the above captioned matter, that he is therefore authorized to execute this Affidavit on its behalf, and that to the best of his knowledge, information and belief, at the time of the signing of the documents containing provisions for judgment by confession in the said matter, the individual natural Defendant~: 1. Earned more than $10,000.00 annually, 2. Intentionally, understandingly and voluntarily waived: a. The right to notice and hearing, b. The right of defalcation, i.e., the right to reduce or set off a claim by deducting a counterclaim, c. Release of errors, d. Inquest (to ascertain whether rents and profits of Defendant(s') real estate will be sufficient to satisfy the judgment within 7 years), e. Stay of execution (if Defendant(s) owns real estate in fee simple within the county worth the amount to which the Plaintiff is entitled, clear of encumbrances), and £ Exemption laws now in force or hereafter to be passed. Sworn to and subscribed before me this ~ day of~z~,~, 2001. Notary Public NOTARIAL SEAL ~Y G°mmissio9 r~oires NOV. 25, 2~)02 Ro~ Lopez,~ssquire~ 013101/12:27 AFFIDAVIT OF NON-MILITARY SERVICE ROBERT C. LOPEZ ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff and is authorized to take this verification on its behalf; that to the best of his knowledge and belief, Defendant is over twenty-one (21) years of age with a last known address of 510 East Marble Street, Mechanicsburg, PA 17055, Pennsylvania; that said Defendant is not a member of the Military Service of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. Sworn to and subscribed before me this ~ day of,.,qd.~a~, 2001. Notary Public NOTARIAL SF_.~L I PAMELA S. Et.WELL Notary Public ~ o~ Philadelphia, Phita. County My Gommission F~pires Nov. 25, 2002 ~opez, Esquire BLU- 106016_I/LRC 1681/MEL049-129331 013101/12:2'/