HomeMy WebLinkAbout01-0707(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
510 East Marble Street
Mechanicsburg, PA 17055
TO: CarolynL. 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 FI.
Philadelphia PA 19103
(215) 977-2000
BLU-IO6017_l/LRC1681/MELO49-129331 013101/11:O7
Total Pages:
WOLF, BLOCK, SCItORR and SOLIS-COItEN LLP
BY: Robert C. Lopez, Esquire
I.D. No. 80163
1650 Arch Street, 22d FI.
Philadelphia PA 19103
215-977-2000
MELLON BANK N.A.
1735 Market Street, 7th Floor
Philadelphia PA 19101-7899
V$o
CAROLYN L. THOMPSON
Individually and d/b/a C&J ENTERPRISES
510 East Marble Street
Mechanicsburg, PA 17055
Attorney for Plaintiff
No. ~1--
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMPLAINT FOR CONFESSION OF
JUDGMENT FOR MONEY
1. Plaintiff, Mellon Bank N.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 & J 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 Twenty Five Thousand Dollars ($25,000.00) ("Note"). A true and
correct copy of the Note is attached hereto and marked Exhibit "A".
4. There has been no assignment of the document attached hereto as Exhibit "A".
5. Judgment has not been previously entered against Defendant in this jurisdiction on the
document marked Exhibit "A".
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 1/29/01
(per diem $6.71)
Attorney's Fees and Costs
Total:
$24,779.86
5,979.06
(to be assessed sec. ~)
$30,758.92
8. Despite demand by Plaintiff, Defendant failed and refused to tender the obligation set
forth in Paragraph 7 hereof.
9. Defendant is a naturaI 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 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.
BLU- 106017 1/LRCI681/MEI,049-129331 013101/11:07
WHEREFORE, Plaintiffdemands judgment in its favor and against Defendant in the amount
of $30,758.92 together with interest accruing at the rate set forth in the Note.
WOLF, BLOCK, SCHORR AND SOLIS-COHEN LLP
Robert CT-m:rpez, ~quire
BLU- 106017 1/LRC 1681/MEL049-129331 013101/11:07
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.
ELU- 106016 1/LRC 1681/MEL049-129331 013101/12:27
EXHIBIT "A"
$ ? S ACA A~ I After maturily, whether hy acceleration or othe,"wise, or if this Note
Harr isburq, Pennsylvania
CO ENCrNG O. l,'el , AND
A 360-DAY YEAR AND ACTUAL DAYS ELAPSED.
("PRIME RATE" SF~.LL MEAN THE INTEREST RATE
PER ANNUM ANNOUNCED FROM TIME TO TIME BY BANK
AS ITS PRIME KATE. THE PRIME PATE MAy BE
January 16, 1998
If any payment (including wilhnut limitation any regularly scheduled
paymcm, halM~ln payment and final payment) ts not paid within
15 days after it is due, Undersigned will pay a late charge as
specified Below, regardless of whether the payment due consists of
principal and interest, principal anly ar interest only:
% of the unpaid portion of the payment due
IX!S 25.00
the greater of $ . or __ % of the unpaid
purtion of the payment due
late payment charge does not apply
Such late charge shall he in addition to any increase made to the
Contractual Rate(s) applicable to the outstanding balance hereof as
result of maturity of this Note or otherwise, ns we[[ as in addition
any other applicable fees, charges and costs.
Undersigned shall have the right, at its option, to prepay this Note in
whole at any time or in part from time to time. Any such prepayment
shall be applied first to any accrued but unpaid interest, secondly to
thc prepayment charge, if any, discussed below, and lastly to the
unpaid installments of principal in the reverse order of their
scheduled maturities. [n the event that any portion of principal of this
Note accrmng interest at a fixed rate is prepaid for any reason
whatsoever, whether by declaration, acceleration, demand or
other.vise and whether or not an Event of Default has occurred, a
prepaymcnt charge shall he clue and payable by Undersigned to
Bank, calculated as described in the Prepayment Addendum, if any,
which references this Note. from Undersigned to Bank. incorporated
herein by reference and made a part here~L All such prepayments
shall be subject to all terms and conditions of any such Prepayment
Addendum.
Upon the occurrence of any Event of Default (tm defined Below),
at Bank's option, interest shall accrue at a rate equal to two percent
{2%) per annum above the Contractual Rate(s) specified until the
earlier of {a) the date that such Event of Default has Been cured.
(bt until and including the date of maturity hereof, or (ct if this
Note is payable on demand, until and including the date for
payment in full set forth in any such demand, whichever the case
may be.
St) long as Bank is the holder hereuf. Bank's books and records shall
he presumed, except in the case of manifest error, to accurately
evidence at all times all amounts outstanding under this Note and the
date and amoum of each advance and payment made pursuant
The prompt and faithful performance of all of Undersigned's
r~hligations hereunder, including without limitation time of payment,
is of thc essence of this Note.
Certain terms used in this N(~te are defined in Section 14 below.
Page
by Undersigned:
[~]ff~.L~. la) all cquipmenL wherever kits[ed, including ntachincD:,,
~ ~ lb) all invcmo~ (whether hum fur sale ur lease or ~t~ hc
-- (c) all ~rm products:
~ (e) thc securities d~scribcd below, to,ether with att cash
additiun to or in exchange for such securities; and all suhscripnon
rights iocidem to such securities; and
Other;
and right of setoff against, all deposd accourits, credits, securities,
m the possession tff, delivered to, or owed by Bank, including any
prucueds (cash and non-cash) of all the R~regoing pruperty; and (4)
assigns to Bank all moneys which ntay hecumc payable ,.In any polio7
All such property subject to BanK's security interests described in this
Section i is referred to here. in collectively as thc "C,allateraL" With
respect to Section 4 hereunder, the term "Collateral' shall not include
thc property described in subsections (g) (3) and {g) (4) of this
Section 1.
Alt secumy interests m Collateral shall be deemed to arise and b¢
perfected under and governed by the Unifurm Commercial Cnde,
2. Obligations Secured. The Collateral shall secure the fallowing
ubligations CObligatkms') of Undersigned to Bank: la) all amounts
at any time owing ur payahte under this Note: th) all costs and
expenses incurred by Bank in the col[ectkm or ¢nfurcement of this
Note or the protection of the Collateral; (c) ail future advances made
By Bank. for taxes, levies, insurance, and repairs to or maintenance of
the Collateral; and (d) any other indebtedness, liability or obligation
of Undersigned to Bank, past, present or t~ture, direct or indirect,
absolute or contingent, individual, joint or several, now clue or to
become due, whether as drawer, maker, endorser, guarantor, surety
or otherwise, except that none of the security interests created herein
shall secure any obligation incurred hy Undersigned which is defined
as "consumer credit" hy Federal Reserve Board Regulation Z, 12
C.F.R. {}226.1 et seq., and is not exempted from the application of
that Regulation..
3. Representations. Undersigned hereby makes the following
r~presemations and warranties which shall be true and correct on the
date of this Note and shall continue to be true and correct at the time
of the creation of any Obligation secured hereby and until the
Obligations secured hereby shall have been paid in full: la)
Undersigned's residence and/or Chief Executive Office, as the case
ri'lay be. is as stated below or as otherwise stated in a subsequent
written notice delivered to Bank pursuant to the terms hereof; lb)
Undersigned has good and marketable title to the Collateral subject
to no security interest, lien or encumbrance, except as indicated to
the contrary to Bank in writing prior to the execution of this Note;
and lc) if any of the Undersigned is an individual, each such
iudividual is at least 18 years of age and under no legal disability ur
incapacity.
(g) In addition to the foregoing, Undersigned (!) grants to Bank a
security interest in all accessions, parts, accessories, attachments
and appurtenances in any way used with. attached ur related to, tlr
installed in, any equipment or inventory constituting "Collateral"
hereunder; (2) grants to Bank a security interest in all substitutions
fur, renewals oh improvements, replacements and aclclitions to, and
the products and proceeds (cash and non-c~mh) of all property
constituting "Collateral" hereunder and uny insurance policies
Obligations secured hereunder have been paid in full, Undersigned
shall: a) use the proceeds of the loan evidenced hereby only for the
buslne~ purpose(s) specified to the Bank at or prior to the execution
hereof; th) not permit use of the Collateral for any ilIegal purposes:
(c) promptly notii~ Bank in wraing of any change in im or their
residence or Chief Executive Office; (d) not permit removal of any of
marketable title to all Collateral, free and clear of any security
such title, against the claims and demands of all pemons; (f) not (1)
or to any other goods, (2) lease, mortgage, pledge or t:ncumber the
ColhueraL (3) permit the Collateral's identity to be lost, (4) permit
the Collateral to he levied upon or attached under any legal process,
(5) permit or cause any security interest tlr lien to arise wills respect
Page 2 of 6
C~)tlalcral or any righls therein, exccpf as Bank may grant its prior
subsections (I). (2). (5) or 16) hereof: (g) maintain the CollamraJ
trines and having suc~ value as Bank may request, i[ Bank shall
deposited wilh Bank: (j) provide, upon request, financial or other
satist~ctow m Bank: (k) execute, upon demand hy BanK. any
necessa~ to perfect or maimain perfection uf t~e security
interest(s) created in this Nora and pay, upon demand by Bank, (
all costs and ~ees pertaimng to the filing et any financing,
pieces, judgments and any other ~pe of document which Bank
deems nccessa~ or desirable to be filed with regard to securiw
interests which secure the Obligations evidenced or secured hereby,
regardless (ti' whetllcr such security interests were granted
Undersigned. and (2) ail costs and expenses incuxed ~ Bank
contlection with any Collateral securing this Note (including
wtt~out limitation ail advances made by Bank tbr taxes, levies.
flood hazard slams), regardless o[ whether such Collateral ts owned
by Undemigned; ti) procure, and cause a statement of Bank's
required W law to be issued with respect to any motor vehicle
constituting part of the CallmeraL and cause any such certificate
be delivered to Bank within 10 da~ from [he lamr of the dam
rats Note or the date of the issuance of such certificate; tm) pay,
upon demand, ali amounts incurred by Ban~ in connection with any
action or proceeding taken or commenced by Bank to enforce
collect this Note or prntect, insure or realize upon t~e Collateral,
including attorney's fees equal rd ihe lesser o~ (a) 20% of the above
sum and interest then due hereunder, or $500.00. whichever is
greater, or (b) the m~imum amount permitted by law. and
attorney's cusbs and all casts of legal proceedings; and tn)
immediamly noti~ Bank if any of Undersigned's accounts arise out
o~ contracts with the United States or any department, agen~ or
of Claims Act.
forth itl tilts Note. the Loan .&greement (if any) and any other
and/or the l.oan Agreement. Undersigm:d hereby represents.
subsidiaries and affiliates, it' any, thut: (a) each of them now has and
each of their {',usincsses and tlpcratitms in rmncrial compliance with
all applicable EnvironmcnlaI l.aws (as hereinafter defined) anti
I~nvir~)nmentaI Pcrmils: (c) there dens not exist, nor will any of them
cnnditlgn of Undersigned: (d) Undersigned shall notify Bank. in
subsidiaries t~r affilmlcs to pay or expend funds a)r any third party
shall provide at Undcrsigncd's cost. upon request by Bank.
certifications, documents finn. copies of pleadings and ot~er
infi~rmadon regarding the above, all in form and content satisfactoW
to Bank.
6. Additional Representations. [f the Collateral includes inventory
and/or accounts, the following shall he applicable: In addition to any
representations and warranties set forth elsewhere in this Note,
Undersigned hereby makes the following representations and
warranties which shall be true and correct Od the date hereof and
shall continue to be true and correct at the time of any borrowing
made hereunder and until the Obligations shall have been paid in
fi.ill: (a) each account: (l) represents an amount actually owing tn
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 I~nd: (3) is not evidenced by any
instrument or chattel paper unless tbe original of such instrument or
chattel paper has been deposited with Bank: and (4) is not evidenced
hy any judgment unless such judgment has been assigned of record
to Bank; and (b) 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 Covenants. If the Collateral includes inventory andhlr
accoums, the following shall he applicable: In addition to the
and agrees that until the Obligations shall have been paid in full
Undersigned sllall: (a) immediately notify Bank in writing in thc
entitled ti) or eligible fi)r discount for prompt payment; (2) any
tlr scrtffr, counterclaim, or recnupment against any account; (3) any
debtor or the payment of which is in any way contingent or
condilatnal: or (4) the desirability, usefulness, or marketability of any
uf the invemory has been in any way reeuced or impaired hy reason
generally accepted accounting principles and. at Undersigned's
expense, promptly furnish Bank such information and documents
Bank muy request, including withe, ut limitation: (l) copies of invoices
Page 3 of 6
thereoF: (2/ evidence tff shipment and receipt oF goods and the
performance oi" s~i~s or o~iigadons co~er~d by accnums; and
reports as ~o Undersi~ned's invemo~ and purchasas,
damage, or loss thereof: all of the foregoing to be certified by
authorized officers or other employees of Undersigned; lc) not
change any Ioeudon listed ¢Bcwher¢ in this Nol¢ mgurding places
wnucn cmlsem; (d) at Undersigned's expense, diligently collect the
~hc original ~brm in which received: lc) immediately uptm Bank's
htr)ups ut accounts and specific general intangibles, anti
brcuc~ed, cancelled or terminated; {g) immefliamly upon
request, furnish Bank with all intbrmalion received By Undersigned
the cxmm prohibited by law; (h) immediamly deliver to Bank
Collateral and immediately assign of record tn ~ank any judgmem
representing any account constituting Collateral; and (i)
immediately upon BanK's request, mar~ its records ~idencing its
8. Events of Default. The occurrence of any of the tbllowing shaft
constuute an "Event of Defauk" hereunder: la) default in payment
or performance of any of the Obligations evidenced or secured by
this Note or any other evidence of liabili~ of Undersigned to Ban~;
lb) the ~reach ~y any Obligor (defined ~ Undersigned and eac~
surety or guarantor of any of Undersignea's fiahitities to Ban~,
well as any person or entity granting Bank a securi~ interest in
properff to secure the Obfigations evidence~ hereOy) of any
covenant contained in the Loan Agreement (if any), this Note, or in
any separate security, guarantee or suretyship agreemem Oetween
Bank and any Obligor, the occurrence of any de~ult hereunder
under t~e terms of any such agreement, or the a~cove~ by Ban~
of any ~alse or m~leading representation made Oy any Obligor
herein or m any suc~ agreement or in any other information
submitmd to Ban~ by any O~[igor; lc) with respect to any Obligor:
(l) death or incapacity of any individual or general partner; or (2)
di~oluuon of any partne~hip or corpormioa; la) any ~ignment
for the ~enefit ~f creditors by any O01igor; (e) insolvency uf any
Obfi~or: (~ the filing or c:'mmencement
receivership or dissolution, inclpding me Bankruptcy getbrm Act
of 1978, as amended, by or against any OOligor; (g) dePautt under
the terms of any lease of or mortgage un the premiss w~ere uny
Collateral is k~cated; (h3 garnishmem, trax a~exsment, attachment
Coflateral ur other property of any Obligor which is in Batik's
possession or which constitutes security tbr any Obligations
evidenced or secured hereby; (i) entff of judgment aguinst any
Obligor in any court of record; 0) the asse~smem aguinsl ~ny
the entering of a lien in connection therewith: (k) a dete~inution
~y 8an~, which determination shall be conclusNe if made in good
I~dlh, that a material adverse change has occurred in me financial
or husine&s condition of Undersigned; ([) the maturity of any life
msurance po[icy held as collateral under this Note by re.on of the
by any OBligor of any obligation tlr liability whatsoever ,.If the Obligor
to Bunk, including without limitation any security, guarantee or
suretyship agreement; or (n) derhult by Undersigned in the puymenl
Undersigned's obligations (other than indebtedness ur obligations
evidenced by this Note or any other evidence of liahtlity of
Undersigned to Bunk) and such default shall condnue for mute than
ally app]icaBle grace period.
9. Accelerationl Remedies. Upon either ii) thc occurrence of any
Event of Detdult, ur (ii) ir this Note ts pay[role on demand, such
demand By BanK: (a) all a~lGunts duc under this Nolo, incl~dillg thc
8(~ h~mof, all ~mounts du~ under thi~ Note, ~ncludin~
limitmion t~e unpaid b~lanc~ of principal ~nd inmr~s~ h~reof,
if). Bank's Rights. Undersigned hereby authorizes Bank, and Bank
shaft have the continuing right, at its sole option and discretion, to:
(a) do anything which Undersigned is required hut fails to do
hereunder, and in particular Bank may, if Undersigned fails to do st>,
(1) insure or take any reasonable steps to protect the Collateral, (2)
pay all taxes, levies, expenses and costs arising with respect to the
Collateral, or (3) pay any premiums payable on any policy of
insurance required to he obtained or maintained hereunder; (~)
direct any msurer to make payment of any insurance proceeds,
including any returned or unearned premim'ns, directly to Bank, and
apply such moneys to any Ohligaduns or other amounts evidenced or
secured hereby in such order or fashion as Bank may elect; (c)
Collateral. either directly to thc payee of such cost, fee or charge.
directly to Undersigned. or m such payee(s) and Undersigned jointly;
(e) pay the proceeds of the loan evidenced hy this Note to any or all
of the Undersigned individually or jointly, or to such other persons as
any or the Undersigned may direct; and (t) add any amounts paid or
recurred hy Bank under Section 4.(k), Section 4(rn), Section 10la) or
Section tO(d) to the principal amount of the indebtedness evidenced
hy this Note.
[n addition to all rights given to Bank hy this Note, Bank shall have
all the rights and remedies of a secured party under any applicable
law, including without limitation, the Uniform Commercial (:ode.
I1. Additional Rights of Bank. [f the Collateral includes invento~
and/or accounts, the following shall be applicable: In addition to
Bank's rights set forth elsewhere in this Note, Undersigned hereby
Page ~ of 6
exercising any such right. (h) Bank shall ret;lilt the lien hr' any
judgment or security interest. (c) If any provision hereof shall for
shall he affected thereby, and this Note shall be construed as if the
hereof. (d) The rights and privileges of Bank contained in this Note
Uniform Commercial Code a,s enacted in such state. (D
Undersigned hereby irrevocably appoints Bank and each holder
hereof as Undersigned's attorney-in-fact to: (l) endorse
Undersigned's name to any draft or check which may be payable to
any document on Undcrsigned's behalf. Undersigned hereby
I3. Additional I'owe, of,\ttorrtey. [[ thc Collateral includes
inventt*ry andA>r acc~mnt~;, the fi~ll(~wing shall Ne applicable: in
addition it> any pqwers of attorney granted to Bank by UnOersigned
elscwllcm in lilts N(~{c. Undersigned hereby appoints Bank and its
tffficcrs, cnqplt)yccs and agents as its irrevocable, true and ~awful
attonlcys-in-l'act with all necessa~ power and authority to:
endorse Undcrsigncd's name on ail media of payment delivered
Bank or depi~sited m thc Cash Ct)llaferal Account: (h) noti~
Undcrsign~d's account dehmrs of thc assignment of their debts and
any computer se~,ice Bureau), rights in franchises and sales
formulas: (c) "Chief Executive Office" means the place [rom which
executing this N~te. each general partner shall De Bound hereby Doth
in suc~ general parmer's individual and parmersgip capacities.
{Remainder ,f page intentiom~lly le~ hlankl
Page 5 of 6
15. Cunfessiou of Judgment. Undersigned hereby empowers the
prothonntary ur any attorney uf any cou~ nf record tu appear fi)r
Undemigned and to cnnfe~ judgment as ulten as nece~a~
against Undersigned in favor of the holder he.of regardless uf
wh~ther any event of default has occ.~, at any time and as uf
any term, for th~ above sum plus inter~t due under the terms
Witness the due executitm,/,/h~o f u,~lder seal,,~
hereuf and all other amuunts due hereunder, together with coats of
legal pruceedings and an ~ittor;aey's commission equal to the lesser
of (a) 20% of the above sum and interest then due hereunder ur
$500.0~L whichever is greater, or (b) the maximum amount
permitted by law, with release of all errors. Undersigned waives all
haws exempting real ur personal property from execution.
individually and d/b/a
C & J ENTERPRISES
5252 E. TRINDLE ROAD
MECHANICSBURG, PA 17055
(Seal)
. ~CHANiCSBURG, PA 17055
Loeations of records conceding the account:
5252 E. TRIND~E ROAD
MECHANICSBURG, PA 17055
[.Z-0127 ( Formerly CL-?21 ) Rev.( I 0/96) LC, 9/~6 LD %*)fi
0275 P I81-28-4187 2 LZOI27(OI) 12319'&1041
Page 6 of 6
WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
BY: Robert C. Lopez, Esquire
I.D. No. 80163
1650 Arch Street, 22d FI.
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
ENTRY OF JUDGMENT
AND ASSESSMENT OF DAMAGES
ANDNOW, this ~ dayof .~.~,,~, h~,9,/ ,2001,judgmentisentered
in favor of Plaintiff and against Defendant and damages are assessbd in the amount of $30,758.92 as
follows:
Principal Balance:
Accrued Interest until 1/29/01
(per diem $6.71)
Attorney's Fees and Costs
Total:
$24,779.86
5,979.06
(to be assessed se&leg.)
$30,758.92
BY THE COURT:
Prothonotary
BLU- I06017 1/LRC 168 I/MEL049-129331
WOLF, BLOCK, SCHORR 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
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" hereof, I hereby appear for Defendant and confess judgment, exclusive of
costs, in favor of the Plaintiff and against Defendant as follows:
Principal Balance: $24,779.86
Accrued Interest until 1/29/01
(per diem $6.71)
Attorney's Fees and Costs
Total:
5,979,06
(to be assessed sec. leg.)
$30,758.92
WOLF, BLOCK, SCHORR and S OLIS -COHEN LLP
Robert ~iS~z, Esquire
WOLF, BLOCK, SCHORR and SOLIS-COItEN 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. ~t--
COURT OF COMMON PLEAS
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, SCHORR and S OLIS-COHEN LLP
Ro~e~ C. l~opez, Esquire
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 ora "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:
Robert CTEoPez, l~ssquire
BLU-lO6017_l/LRC1681/MELI249-129331 013101/11:07
VERIFICATION OF NON-CONSUMER CREDIT TRANSACTION
I, ROBERT C. LOPEZ, ESQUIRE, state that I am counsel for Plaintiff; that I am
authorized to take this Verification on behalf of Plaintiff; that the Defendant is 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. C.S.A. §4904 relating to
unsworn falsification to authorities.
Dated:
Robert CL~
BLU-lO6017_l/LRC1681/MEL049-129331 013101/11:07
AFFIDAVIT OF DEBTORS' WAIVER OF RIGHTS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
ROBERT C. LOPEZ, ESQUIRE, being duly sworn-affirmed according to law deposes and
says that he is counsel for Plaintiffin 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:
The right to notice and hearing,
The right of defalcation, i.e., the right to reduce or set off a claim by
deducting a counterclaim,
Release of errors,
Inquest (to ascertain whether rents and profits of Defendant(s') real estate will
be sufficient to satisfy the judgment within 7 years),
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 c~ day of 'Gg£bitta-~, 2001.
Notary Public
INOTARIAL SEAL I
P_.~MELA S. ELW~ Nom~ ~
G~ ~ ~ad~ia, ~a. ~
~ ~m~n F~r~ N~. ~, ~
013101/11:07
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 o£ his knowledge and belief, Defendant is over twenty-one (21) years of age with a last known
address of 510 East Marble Street, M¢chanicsburg, 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,.~e-~, 2001.
Notary Public
NOTARIAL SEAL
I
PAMEt..A S. ELWEI.L, NOI~ Publio
C~ o~ Philadelphia, Phila. Couaty
My Commission~rpires Nov. 25, 2002
BLU- 106017 1/LRC1681/MEL049-129331 013101/11:0/