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HomeMy WebLinkAbout10-3592 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION ) Plaintiff ) vs. ) No. 10 - 350'01 JOSE L. CHACON and ) LISA K. LAMP-CHACON, ) Defendants. CONFESSION OF JUDGMENT Civa-lerm Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy of which is attached as Exhibit "A" to the complaint filed in this action, the undersigned attorney hereby appears for Defendants and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendants as follows: Principal Debt $39,322.40 Interest through May 11, 2010 9,849.91 Late charges 2,406.16 Attorney's Commission 4,917.23 Total $56,495.70 4z ..? 1 By Donna M. Donaher, Esquire Attorney for PNC Bank, National Association $A'7.-50 P o ATTq 0335554 eayagva Nofto-*e U ad THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. vs. COMPLAINT IN CONFESSION OF JUDGMENT JOSE L. CHACON and LISA K. LAMP-CHACON, Defendants. Code: Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I . D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, vs. Plaintiff, No. /d 3 5`?; c?,, , I 1 JOSE L. CHACON and LISA K. LAMP-CHACON, Defendants COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking association organized under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendants are Jose L. Chacon and Lisa K. Lamp-Chacon, whose last known address is 202 Chester Road, Enola, Pennsylvania 17025. 3. PNCB is the successor in interest to Pennsylvania State Bank. 4. Defendants, on August 18, 2004, executed a Promissory Note ("Note") and thereby promised prompt and punctual payment of the indebtedness due under the Note. A true and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A". 5. By the Note, Defendants, promised to pay Plaintiff the principal sum of $81,000.00 together with interest thereon in the manner provided by the Note. 6. There has been no assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction against the Defendants. 8. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 9. By Warrant of Attorney contained in the Note, Defendants authorized entry of judgment by confession. 10. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived the benefit of all laws exempting real or personal property from execution. 11. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendants as payment was not made when due creating an event of default under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 12. Under the Note, the following amounts are now due by Defendants to PNCB: Principal Debt $ 39,322.40 Interest through May 11, 2010 984.91 Late charge 2,406.16 Attorney's Commission 4,917.23 Total 56,495.70 13. Under the terms of the Note, Defendants are liable to PNCB for attorney's commission of ten percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants as authorized in the Warrant of Attorney contained in the Note, in the sum of $ 56,495.70, together with interest and costs of suit. TUCKER ARENSBERG, P.C. By G. Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 -2- 0 PROMISSORY NOTE 0 501TOWe11 Jon 4 Chum (SBNt 1104447201 Lender PBfIWYWANIA tiTATE BANK , Lisa K. LsnpChoean (IBM: 173464977) Fait Puiradaro FWmwW Cwtw II 4 Manor Ave" 710 WwQv01a Food i IInola, PA 17020 (nEnols, ?) 7=4= 1 t1r 11 .J" Principal Amount: $81,000.00 Interest Rote; 7.000% Date of Nob: August 14004 Ma" Dab. August 20,;W PRO1108111 TO PAY. Jon L Chown and Lba K. Lamp-Chown ('eornWW) Jointly and severally prombe'1a pay b PENNSYLVANIA STATE BANK ("t.wWw ), w order, In WAIW money of 114 United States of Amwkmk if" Prlnopal amount of Eighty-one Thousand a OW100 Doews ,000.00), bgeaher with interest at the rata of 7.000% per annum on the unpaid principal balance from August 10, 2004. PAYMENT, Borrower will pay this ban' In asoardmoe with the following payment solwdula: The prNopM sum of SMAOCAO, together with Intehwl M herekaBw provided on the principal balerlce, outMmdbV at anUnw, alcubled do the 101104 of a 910 day yaw, Ship be payable In em" outivanwrithly Imban wgr, communing an September 20, 2004„ and oonghubM on W? Wiley of nbh month thereafter mill August 20. 2024. Commenchhg hoot me data hens arid continuing UnM August 20. 2007, Principal and huwnt In' s hit the tale a awns pwamt (700%) per unmet rain to adsOrrding prktlcpal balance shall tea payable In equal mor" W*Wmoft a 7199,18 an the 2Mh day at each month, uoh such psyroeM to be applied prat to ft payment of Interest on We oubtandbhg principal babnc% based an an wood (20) year amwlbabn, Thwuftw, We Interest nts payable on the ll nd" enbaM Of to LOW 11114" outstanding 8114111 boa role as of{wad by Oa Lundw In pu roledsv%ft% and uw ammnt a the monthly Instegmwds of pri atpd and Intweat shelf be such is have bases agreed bdarsen to Borrower and Ufa Lwdw, a ao Lortdn o hotase na b otter a fixed rsle, w the bWrOWW don not WW the Mty I any an offend by the Lender, tha rain of Irdwad payabls on the rloaft for ow wrremainder a the ism term $11411 be two I c (2.00%) pus the ben WAwni rem mraunoad from time to tkne by chrgea pnn mil.lb'Biw Lending RoW, such Interest rata under aft role to be adisdul stun and w raid base intered rate krlersat, at 00 rata sbove ctabd, 91411 bs Paid by Barrewer to Lwdw In consecutive, anlf 0ornaancing an loplember 20. 201119, and continuing an Ow 211th day of such waned Mw-r- urrlg A y psymerle of prkreipW end Interest abed be calculated and GOMM Waft" (previded the Lendw renews aa M q change b-1rs4 id Warlwly If raaaaty to avoid negailve maAF:wlbn) band upm Wu b (s.a ting Rate Wlu two pa? (IMM M the Principe remaining whpold; and l=1 the rm d"Ing wmftg on term 91 the ine,, e.ar. s wndin. p" Unless WAnali a agreed w required by appl aSWs law. payments will be applied lust to any accrued unpold (nMrnq San to pMetimi; San to any unpaid eafletdlan coats; and Wm to any bb aharpsa The annual Intwed rata. for this Nota Is computed an a 3011 baeb; that in, by anber°a t W: j l Wffrues is ere" Over a Yaw Of 300 s rrKOUPW W She Outstwkft f below^ mualpged by the actual Lender may dedw*e M writing. Puy Ledmler at Lmd$r'e addnas sham above or at such oWw pace as PREPAYMENT PENALTY; MINIMUM WEft W CHARGE in any went, sum upon Jul pnpaYsra of this Noll, Borrower a ndormands find Lender to walled to a Mlnkan11dr Interest ehergu of f,7.i0. Upon prepayment at this 640 Lender la soaped b Iho following prepayment penally: It ter any reason you should pro y the Loan a propsyaaht i maay dap be kwoked, Such prepayment he she11 be payable st the Urns of N%pn)pey..-,yt Inman grit s c the ? d agusl b flw panes ($%) of WY aacunt prepaid during to fled year of the Low; four pwant during year of the Loo; tree person (9%) or any amount during We third yaw of the Loan two percent (2%) of any amount during the Fourth yew of the Lean and two pwoerd (2141 Of sty 0111=11i during IM fifth year of the Loan. Borrower MMY PIQPSY 11" Loan Without pe alty from Infernally generated funds, which shelf include tie aid of to aflebnL Other than 8orrowsr'a obligation to pay my rAftnu tl Interest charge and Prop meat wow. Borrower may pay 111 or a Patten of to smourt owed owuw fan 11 is due. ENV P11Y?0 will +ed, union Wood to by Lender N wrlbriM rile" Brower of Barorwra obligation b cola b make paymwye under the psymonf ichs". ftetni, 0" payments WE reduce to principle balance der tad mey recta In Bonowas Agrees M b acrd Lw dw Mona merited 'paid In hr, tivphou mcounta'. or slm11er bngwgs, I Sorrow s$ rids payment, Lager ma+my 800SO 6 aitoa bring my Of Wr WI WAS under this NOW. Old Barowat will rash d>tlgdsd b Day arty brand amount owed 10 Larder. AN 'payment beat VW arno A owed a twat Is with ogwroondchick or loooml W pn?lbpae? St u Indrumw# tdac?iion??dh$puw amount n must hailed or d*406d 1o: Pawykw k Stab Bank, 2140 Muka 81st, P.O. am ear coo Hit, PA aem4407. LATE CHARGE. If a Pey>,wrt is 15 days or mom late, Donoww wM be charged 10.000% of to regularly scheduled payment or lOOAO, whbhewr INTERIW AFTER DEFAULT. Upon dataal, Including falue to pay upon gray mMdly, the bbl um dla under US Nob wit brat Inbred frown to dais of moderaft at mebaky at tM Inbred rasa an ft Now. The Inlet$at rate will not exceed On maldna m rats porm ood by applicable law. DEFAULT. Each of Ode bbwkp gat E«et10ae an overt ill dsleUt rEvort of OWWA') under tea NOW. Payment.D bWL Borrower legs to make ay pgmara whm duo under 00 Note. Othw Dalaufs. Borrower left b odmpy with or to paid., my other Wft oblgaOr4 covers or x Sicn cwdabed In this Nola or In any of on rakled documortb at Is conoy wfh or b Worm sty term, obligation, covenant or condition contained In cry ahw agrnnara between land" and Brroww. ? agr$Default, Follum of my enwrt saewled connection ?% ca. with with or parlann who due any tom cbfpatatt ooverarO at condition oonbtned In any any ism, Fdn.Sbtammb, Any warranty, repnserfbfon or $Wwnwt made or fornIO d to Lrmdat by Borrower or an Bonvmo a boulf under Oft Noe or f1o related downwis Is tin or ahlndkg In any mebhl rnpaa, ~ now «at ma grate meOO «kodely l or becomes fdso «rM(ea ft d ay.tma o wnAw. Botrowst. On W lmanbrwoy. The dulh of 8orroww or IM dfpdufrt or lamination of Borrpntl ox4f o a as a going busimse, 1M Insolvency of aPPokomwit of a aoivw ter cry pat of Bornoww% property, sty aaslgrawd for ft bansg of aadfrs, any type of ciedhor workbut, of to aonrnrbo std of any intending udw any br*wft or Imckmay laws by or sasirm Borrarer. Credw or Fwfeftu s ProcNdngs Camnatantatl a IOraobsure or 1«hfrwe poooodro, whetter by A dcW pro* 11 g sall.hnm. or any a motad, by any creator of 9«rwr« or by ay govwrawMi aporoy agains Gobi" &scuft Ins ban cry This repossession two Is • good bkt any of 6«rowals aaaclSoe, Indudrhp dapcef aoootaas, will t+atder. tlovavor. tat evwK Do(" strglaappppyy p mapnle by Bonawer as to ft validly, «nacam"We" of ft daha which is the bads of to eradfor «fodafute proceadi g anedV it fMokw* ww *ft Larder wr11bn ratio* of Ole cradbr or bAMuro proosedi g wtd dapoafa won Londw nfortles «a arty bond for the I00p sdne, In an WWJnI dirmbrad by Lander, In is rata dleaadort, as being an ad"ab mauve or bond f« at depub. Ever- of Ife"Indebbdrim b g wanton. Any of the praoedh0 evaw coos Min msj d b ay PKter , W.W. ersttraiy, «a00pte WMIM party a any a cry guainks, and w, suety, or aocomnodWon paty dim or i_wh in$mpder? at rwokso or a; or.U Wily under, any gwratpr a to kdabbblese evi erwad by file Nob. Into went a a dealt, LwWw, Mile option, dispirlso may. but shhill not be : In doing pomdk ouwwdw% soft b'sisme omeondYiorm ly to obligations utters under to gtamewy h a nu ner seala to Lender, any Event of Do" clory ?anmance NWa b irr d oocua in Borrewr4 4an01111 oars Wft OF Lefler bNlew tw Prospect of payment or Insecurity. 'Lsndw in good ratio Warm; be keeowe: Cum Provlabna t, any deleup, other tan a dslwf in payment in ownibe and t Booster has nat bee, gh m a notice of a breech of to am* Wwiicn oi this Now Wghat On praI I Maw (12) months. O may be cured 180 cow. filer reoivkg w Me ramps from Lander den cu wdkg e of such ddaWL (1) cue the do" m" IWewh (is) days; or (2) f ga are regwn mac tan MW (10) dsys. Imadlatiy WW. slaps Which Lades demo In Larde tr sole dictation b be sums" to cure to debull and thereafter o«MMww and aamgwa of rwdnsb and necessary slaps sufAdem b Pmdree compliance n soon as masonably Preaiwl. LENDER'S RiG1iT8. Upon a41uO, l erdsr rtrtMryq?? afbr giving such step as rogoked by applicable law, dearo tha *06 unpaid prlngpW bakrce EXHIBIT Oft Nob and of aoemvad upld Worm imnedlabty der. and 11th= Bmmww w8 pay that amount. PROMISSORY NOTE Loan No: 6$000101 (Continued) Page 2 ATTORNEYS' FEES; EXPENSM Lends may NAb a pay sorrhaae elae to h* col•ol ft Now I Borrower owl woo" This Includes: VAW b any 9rt Under spploabb taw. Lenders mamn•ye' tees and terWr's Opal not pry. Srrower we m •• Walter, or not tsAbis a r lawntN, Yhohdknp ago-A ba, expsneu for banknvw proabeht w owdlrq agora to rrhod11y or vaoala eppaa .. N not prohbpd by ap ploabl• law, Borrower elao WE PRY &V O&A costs. N odd fon b d other am . Wy or Oc and by kw. ) ? GOVERNING LAW. This teeoa wlf be governed bY, oonmrued arhtl eMorced In aoeordome wfh bd m b er ar Of PemsyivaMa. TMs NOW has bun socWt•d by Lender in We Commanwsalh oN Pa raylmdo. the laws al Ito Commuomsesfh DOMMORED REM FM BarOrver will pry a lee b Lender of SUM if ft 0 or mekn a payment on mmOmAted carpe with which Srrowar pays to IWr disha w" rowers ken and the ohm* of RIGNT OF SETOFF To ft beaais Fsnrnd by apolvabte law, Lar4m reserves a right a sebl in d ahsddnp, ewhSq or mm QI»r a?ounq Thishdtdes d secotxds Brlvww holds Jointly with Sams" do* a • the itilm. Hamm Lis dq" not h ddu s art IRA or K h l S 00004111131 with Lender (wAMhr at> oarde sorrow er me . y •cp aoootal e, or any oust socoags ter which abp st horha Lander, to he emm p11m11esd by sPWb+ba low. b Charlie r s" d rim mft on the hdtbtddrh0•e be Pea+blad by k+w. =r arty Ind a1 such accounts. COLLATERAL Borderer aaarowtsdpes INS Nas ls nourd by. amaV otat Itsrpt. a MoApaps and $murky asn data D and iN6094 b be -dld bAhwith seotaed UPon OWPIM Sbltuate N 41.43 N Front ank from Swam b Larder of P ss. . old Ma 4epe. All of en agroenw oo, ertdfmre, owmiars, WwA*m and s"atlom orWrisd in OAb perbmed by SWIPOW, we hereby rude OW of #6 Note to to tams extent and wih ha esnle b d o a. 17113 as deerbed in wl11dh are to be kept and f rae an s w end Bo!rovrr aoversrds and spec to keep and pwkx. terti or aase them to be kept and pertonrrd, ekkay In hay were f ily set torn haekt, with #I* arm PROPERTY INSURANCE. Sonower w*Wstandt MW Bonowr is regtiW b obtain kheUMM, w the aghast cor*WMV fhb rmdrerant b Set Icdh In Ine Security Agrarrtat and Moripapa and in tM A ramat to 11ds Note. trlxshbr kNOmsiOn k B cordltb o Of which Off IerobY hoorpormtd and mods o par at two Note. rance. d " isms and DEFAULT INTEREST RATE In do wad a debull lr whicAhp ?L?ender ?don not aooelarole Its Loon tocka p orhenc?tl riam•ntt es r11ghiwJ hsraurhdK r under 114 tun tic 801110 is ItY11t•s1 ale an the loan, ally W110011 noti a h d lawn a 9mmwr b Provide pw s pence bbpkxinp ohr0 C deye thuc ce d o" and wx*o upon the ote•hp d said ndbed dMN11 ehd YwYSSas one parer d kcrom O&V W of sal paoaN (.2971) for nth am oft W one •tl nab > *-W Of ale imc? ('257) dukq each IMrly (90) dsY not bed ono a8uc r tsdela nida WAY to he aAethhrallrp pdnelpl balance of he c r ot•rsalw 0wh6 which the upon Ya oWnp of the rholod e eal the interest rate on he Loan she ra4sr to the tritely agree upon beret rate, afeaM on to dale on wh debts Is curd. VARIABLE INTEREST RATE The harm rat on hts Nob is ab)ea to 0114111e km *to b lore baud on Paesylverta Slate Serfs Ban Larding Rats (to -0dexh, one ado Is sea nsaury ole band rob clas ed In an Index which is ors lad p Lardy In IS Sd o discrr•tlau It Of Ind" b•corat uhwdsbb dudnf ho Ism d this loon, Lady nay d borrower. Lade wE to Somwer he omem Mft tae "m awmw•r11 f**ML Bamw tahdsr•bnds thM - y an be bon and Is set by . a subodxta kdex srler, sla h o rtl lt l other roles as weL The h sale WI riot occur more often than each Day. The w" oartry is VOW b ou urged P*A I balance of ihit Nob WE be W a nab of 2Ag0 pwowimpd P*U own tM kegs, a r NOTIC eed on s • e Ta y annum o" safe to Inlonall be h A oixrwd sea of 7 90971 er r um E: lkdr no okarnsbmn will the Inlere•t rob an 26 Note be more Van 90 m0zh11an Able a Increases occur b ohs htu•tl ale, Lerhd•r, at IS appal may do ors a more a Ise roloeinpt Is) khcnen• . p by spo"bld law. Whouvr M en will PRY 09 by No original RW Abata11y ems (b) knrea b Borrowers payments b cowl scoruing Maroon, 10) payments. and (a) cotkale Rorrowdrs Peyrrwns at hearts smout and kWreaa borrowrY Ww poynam pam• t b esueBorrowers Ire amber of Brno $ LOAN OOCUM0fM This Nola. No MoABdpd any Scaly Aprssmrs, th glebe 00ib" dooI Mrs, Lord is Jana 50,10W, aAb referee b Isreh 0011001h,01 yes % -Loan Doounanir nd h11 tats i bra hreol las IetW b Brrowr dated s SUCCESSOR BiTERESTB. The lams of cis Nee she be badkV Upon SWMWK. and upon 8mm Ws hsks, and ampna, old rid Mall b oe bwsll Of Leudw and ks euccaesae and assigns. also by refopence. AbPra•nNaows, euooessora NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Pie Infornetlon above your accoud(s) b a oontbna repor" qy, Your wrklett notice desco ft Is apecpb 115 fckm p a6*114 PE NIN ANIA STATE BANK 2146 Street Eox 467 Cam P O FIE PA /70"1-0467 noHy us f We report dry hsoourere ) should be sent b us m , p . . , GENERAL PROVISION& Larder may delay or kayo w*WM mN at h ripple r nerherfa odor this Nob hsdasbnde and 4900 out, with Of without naf e to Goirwm, tandr ash with map" b m oohs Bonow loskhp hem Each 8onower Own, Each k l k y r »010114 r 100-d We r otherwise ewlaad addetaw audit (b) ON. c ompradp, grew. 0xtap, tined the erne for prtymert or otlw• terra of cry hdsplednsa, ithektcrhp khot•ase and der11ases a s le f a) nr a ors ad al ona e ile o cups we d ormore a i o exdAV% M*cl% ware, sow** % bit of deeds not to ptr IWL and abase any ass *. with or without th h k * onto ingmednen; (0) Vmdk*m of raw costavok 0 tpc s•ow y mod dmd he Oder or manner a add twook inckoV wlhotd *nNesm mY rorrludlctd ?sMa10IY apr•metllm, as Lady h got dlaOlaNon may dmemha; (y nlaae, dupsMtM, s911s not b s shx11les, adorers, 0f Other puranoors on sty Isnnt or In Derm llgd by op ems a tlii , or dsef with any one a mere at any Ruaw LOOK MY choose; and OPPNOWm a 1111fm0rhts and crests shall be rods on any other i ddbadrims owing by •Uch ota, Barowr. 30% Sllsrerata of ardaas 11111 Nob. to the extent slowed by law wmlw pnaerhkn set; dtrnerd for t determine how, when and what and who a War pem p , pbyrw , dwhge N Ole ems of tie Nob, and wilm c4mwise eqm* shad h wdkp Ito pony who st ra 11115 N rhutbe U any h h l , p soeort11nod1-1 mskr a -wow. shall be released kern IMIW. Al much psrou apm hm Lender may rsrlew lanph of Sib) pct ban or any POW r VAINnIr or oohmal; or knpklr, Its to room rupon r pdrsa and We Oy Other salond d naNsary by Larderwlhoul IM oases a r rhotos b an one Af S rol o W m tsr as maker. 0hwa? , extend (ro for ow aottrfy I tw theooclawa . y . t l par n M is swr I to onsmt of or nolp b anyone gear hm the pe y with wham IV mdlfxeton Is once. The mY Palohh of 11st Nerd b w any moron d•le niund b leatxsNra ble 6 wE rem afaa the OF" me laden may modly WKIr Ws Nab We Joke . oes NOW of any other provlaiors of CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENN9YLVA14A OR H MV04EFIL TO APPEAR OR THE PROTHONOTARY , A DEFAULT UNDER THISyO AND WITH OR WITHOUT COMPLAINT FRED, OWES$ OR ENTER JU ENTIRE PRINCIPAL B/NANCE?OP THIS NOTE AND Aft. ACCRUED INTEREBT LATE CHARGES AND ANYTIME FOR BORROWER AGAINST BORROWER t AFTE. E . ADVANCED BY LENm RILLTWG TO ANY COLLATERAL SWUPp p THIS NOTE. TOGETHER WITH COMLOSSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTERES ALL AMOUNTS EXPEFDED OR OF Burr. AND AN ATTORNM T NOT LE38 TITAN WE HUNDRED p0(Wi$ (f90p) ON WHICH JLIDGMEHT OR JUpGMdNiT3 ONE IMMEDIATELY; AND FOR 90 DOING. THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT COI Lt:OT10N, BUT N ANY EVENT MORE DMOUTIONg MAY ISSUE AUTHORITY GRANTED IN THIS NOTE TO CONFESS AMmENT AGAAVOT BORROWER SHALL NOT BE AUTHORITY. BUT SHALL CONTBNUE FROM TIME To TOM AND AT ALL TIMES UNTIL PAYMtaNT IN FLAT O BE SUFFICIENT WARRANT. THE ST>B7 By ANY EXERCISE OF THAT ALL ID By Y XE ISE O L AMMM N TE. BORROWER NO WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTTOE OR TO A CONFEBBION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER THIS IN TION WITH ANY SUCH JUDGMENT PROV1810N To BORROWER'S ATTENTION OR BORROWER HAS BEEN NI> NTED BY No Y CALLED THIS CONFEssiON OF DEN' LEGAL CoUtOSL PRIOR TO SIONNG TM NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVINONS 0 CO$MM'SET FORTH BELOW. EACH BORROWER ACAM TO THE T eRm OF THE NO-M THIS NOTE AND THE NOTICE TO BORROWER ACKNOWLEDGES RECEIPT' OF A COMPLETED COPY OF THIS PROMISSORY NCITE THIS NOTE 19 GIVEN UNDER SEAL AND IT Is INTENDED THAT TWS NOTE Is AND &HALL CON SEALED INSTRUMENT ACCORDING TO LAW. AND HAVE THE EFFECT OF A BORROWER: i ? i • PROMISSORY NOTE j6 Loon No: 66000101 (Continued) Page 8 t.MDElk P04M$YLVA".STATE SAW x AUUMnOld tt1W NOTICE TO COSIGNER You are b*V p1aA a: V=W* a Mb does. Ttrbdt MONEY before you des. it the borrower doesn't pay the debt, you wil have to. Be sun you am afloM to ppeayy If you hew a, and Mal you want to eeoso ads responelbuity. Yo which Increase u mey bm 1Ma a?pd the M amount of the debt If the borrower does nd pew You may W" have a pay tote Igo or cogpcdm coaq, The Lerider oan.colleot thte debt from you without fkst 4ri+o b ooNeo! triom th. ban0war. The Lender cri uee the ogre oottocdon tnslhods epalrat you that can be ueeds0alrat the bertaw, such as aulr4 you, g0rcl IM your wepea„ Ne. If this debt le ever In dot" that fad nay treeonre a part of YOUR credit record Ttdi 061I010 to not the donbeot that Malm you liable for the debt. YY7?4?M4?I?YMY ?•.W1Y,?1?Y,?y1MilIY. NA?Y?Yw,,, •111Y OYY.N Ar?A AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed before me this day of lI'?C/G1 2010. COMMONWEALTH OF PENNSYLVAMA Notarial Se _ Amy S. Hauch, Notary Public r? ? City of Pittsburgh, Allegheny County MY Commission Expires Aug. 28, 2013 Member, Pennsylvania Association of Notaries Notary Public BAN K_FI N:380898-1 999999-999999 ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT. (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there 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 defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted below). (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which 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 is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION ) Plaintiff ) vs. ) JOSE L. CHACON and ) LISA K. LAMP-CHACON, ) Defendants. No. 10 - 3599, aiVi I Term CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Nw m Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15222 l.` ; and that the last known address of Defendants is: "o 202 Chester Road Enola, Pennsylvania 17025 By Donna M. Donaher, Esquire Attorney for PNC Bank, National Association 1. a FlLEWFa tY THE PROTHCMTARY 2010 JUN -I PM 3; 04 C 2Ehjk, 0 COUNl f pfta IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 10 - 359a 0,1v;i-T-ertw vs. JOSE L. CHACON and LISA K. LAMP-CHACON, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOSE L. CHACON and LISA K. LAMP-CHACON, Defendants. CIVIL DIVISION NO. 10 - 354,9 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ALLEGHENY ) Civ i l Ierrrm N O C= 19= Fr; X -H w C) I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the Defendant is not a member of the military service of the United States of America to the best of my knowledge, information and belief Sworn to and subscribed before me this day of / Y 2010. Nota Public Darnellaawakr Attorney Relations Manager coMMONWEALTK OF PEN SYLV'ANIA =Gwwendotyn otarial seal Rabiaon, Notary Public oro, AUegtx3ny County on Exores Nov. 9, 2011 Member, PennsWenle Aaaoda W of BANK_FIN:381259-1 000011-146600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. e? JOSE L. CHACON and ) LISA K. LAMP-CHACON, CIVIL DIVISION //?? NO. 10 -359,1 0,V1 l--p-, Defendants. ) AFFIDAVIT I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association, -?i hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Note (as defined in the Complaint); that the underlying transactions giving rise to this action is commercial in nature and is not a consumer credit transaction against a natural person; and that I am authorized to make this Affidavit. Ban , N ions A PNC ssociation By: Dar a Ga ay Attorney Relations Manai Sworn to and subscribed before me this '-7-0 day of `r 12010. COMMONWEALTH OF PENNSYLVANIA r` Notarial Seal Gwendolyn Robieon, Notary Public Carnegie Boro, Allegheny County Notary Public My commleelonEx*WNov. 9.2011 My commission expires: l/ McRgw", ennsylvaMa Aesodation of ota0es BANK_FIN:381261-1 000011-146600 VERIFICATION The undersigned, Damella Ganaway, hereby verifies the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to her personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: /? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION ) Plaintiff ) vs. ) JOSE L. CHACON and ) LISA K. LAMP-CHACON, ) Defendants. TO: Lisa K. Lamp-Chacon 202 Chester Road Enola, PA 17025 No. `so _,3590, evil I+err• NOTICE OF ENTRY OF JUDGMENT Please take notice that on (.ll c) -t 2010, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $56,495.70, plus costs. Prothonotary, Cumberland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION ) Plaintiff ) vs. ) JOSE L. CHACON and ) LISA K. LAMP-CHACON, ) Defendants. TO: Jose L. Chacon 202 Chester Road Enola, PA 17025 No. 10 - 3$901 0,%v;i-re-n4 NOTICE OF ENTRY OF JUDGMENT Please take notice that on 2010, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $56,495.70, plus costs. onotary, Cum erland County NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, v. No. 10-3592 CERTIFICATE OF SERVICE JOSE L. CHACON AND LISA K. LAMP-CHACON, Defendants. UNDER RULE 2958.1 Filed on Behalf of Plaintiff, PNC BANK, NATIONAL ASSOCIATION Counsel of Record for This Party: Donna M. Donaher, Esquire PA I.D. No. 53165 TUCKER ARENSBERG, P.C. Firm No. 287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 wa _ c~ <~ _ ~= t~a~r-~ NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, v. JOSE L. CHACON AND LISA K. LAMP-CHACON, Defendants. No. 10-3592 CERTIFICATE OF SERVICE UNDER RULE 2958.1 The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendants on June 10, 2010, by certified mail, at the following address: 202 Chester Road Enola, PA 17025 A true and correct copy of the Notice Under 2958.1 and the return receipt are attached hereto. TUCKER ARENSBERG, P.C. B C~ Y Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK FIN:383400-1 000011-146600 T~JCI~RIARENSBERG Attorneys IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 10-3592 vs. JOSE L. CHACON and LISA K. LAMP-CHACON Defendants. Notice Under Rule 2958.1 of Judgment. and Execution Thereon Notice of Defendant's Rights TO: Jose L..Chacon 202 Chester Road Enola, Pennsylvania 17025 A judgment in the amount of $56,495.70 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thifty (30) days after the -date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property. from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 869 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 TUCKERIARENSBERG Attorneys AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Donna M. Donaher, Esquire Tucker Arensberg, P.C. 1.500 One PPG Place Pittsburgh, PA 15222 (412) 556-1212 Attorney for Plaintiff BANK_FIN:382526-1 000011-146600 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tudcerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p: 717.234.4121 f. 717.232.6802 TUCKERIARENSBERG Attorneys IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 10-3592 vs. JOSE L. CHACON and LISA K. LAMP-CHACON Defendants. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO:. Lisa K. Lamp-Chacon 202 Chester Road Enola, Pennsylvania 17025 A judgment in the amount of $56,495.70 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to .pay the judgment at any time after thirty (30) days after the date on which .this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property . from being taken. YOU MUST F1LE A PETITION SEEKING RELIEF FROM THE JUDGMENT Tucker Arensberg, P.C. 1500 One PPG Pace Pittsburgh, PA i 5222 p. 41.2.566.1212 f. 412.594.5619 www.tudcerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 ~~~~~~ T~~~~=9L~ I~ t GE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Donna M, Donaher, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222- (412) 566-1212 Attorney for Plaintiff BANKFIN:382526-1 000011-146600 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566. t 212 f. 412.594.5679 www.tudcerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 • ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ~„~..„ibri~t yotir:.nzme and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature ^ Agent B eceived by (Printed Name) C. Date of Delivery r C _ 'o D. Is delivery add different from item 1 ? ^ Yes If YES, enter delivery address bebw: ^ No `laSG G~~ic oh ~ U~- Ch~s~Gr ~ ~. ~r©~a, ~fl I'lda5 3. serrke,ypa ~Certlfled MaA ^ Express Mail ^ Registered ~ 6tatum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ,SCYes 2. Article Number ~ ~ _ (r>art~la-rrnm aerv>ce 1at~ !_ 7 0 0 9 2 2 ~0 0 001 6 2 6 0 32 8 3 PS Form 3811, February 2004 Domestic Return Raeeupt taisaisss~t-M- ~itr ~, ^ items 1, 2, and 8. Also complete Item; 4 ff Restricted Deflvery is desired. ^ Print your name and address on tha reverse so tttlaf we sari retum'th~ sand to you.. . ^ Attache card to the back of the mailpiece, or on front if space permits. a x, ^ Agent B. Recehred by (Prhrted Name) C. Date of Delivery , D. Is delivery address dMfererrt from Item 1? ^ Yes ff YES, enter delivery address below: ^ No ~. Sarvios lype I'~cerunsd Maa ^ Express Mail ^ Repisterod ~-f~urn Receipt for MetohandMre ^ Ir>sured Mail ^ C.O.D. 4. Res6lcted DeNvery'1 ~ ~) t~[Yes 2' Ar~ae"~` 70D9 2250 DD01 6260. 3061 Rta-r~r~ service rabeg; ~ -..__ PS Form- 3811, February 2004 domestic Ream Receipt y's.oz-r,t.,5ao 1. ArtiGe to: ~0a ul er 'ti2d . ~wat.l, ~k ~~fla~