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Home My WebLink About01-2314PNC BANK, NATIONAL ASSOCIATION, Plaintiff MOP CORPORATION, Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant atld confess judgment in favor of the Plaintiff and against Defendant as follows: Principal Other authorized items: Interest to April 2, 2001 Attorneys' commission TOTAL $44,115.54 $ 5,601.16 $ 4,971,67 $54,688.37 plus interest at the defauk rate set forth in the Note and costs of suit Date: Respectfully submitted, Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff MOP CORPORATION, Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The name and last known address of the Defendant is MOP Corporation, 29 Old Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant executed and delivered to Plaintiff a Promissory Note ("Note"), a tree and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" amd made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note, A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendant's default is as follows: a. Principal $ 44,115.54 b. Interest to April 2, 2001 $ 5,601.16 c. Attorneys' commission $ 4,971.67 d. Total due to Plaintiff as of April 2, 2001 $54,688.37 9. Interest continues to accrue at the default rate provided in the Note. WHEREFORE, Plaintiff demands judgment against Defendant, MOP Corporation, as authorized by the warrant of attorney contained in the Note for Fifty-Four Thousand Six Hundred Eighty-Eight and 37/100 Dollars ($54,688.37), plus interest from and including the date of this Complaint and judgment entered hereon at the default rate provided in the Note and costs of suit. Date: Respectfully submitted, SA1D1S, SHUFF, FLOWER & LINDSAY Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ty .:: {Loar~: o Gait.::: Coflater'~ Accou~lt.. :. Officer' ~rinc~pal Amount: S~2,23~.~0 {nteres~ ~ate: 9.~0% ~ate of Note: April 2 ~O~I/SE ~ ~AY. MCP C~PC~A710N (*'5orr~wer") ~ro~s~s to ~ay fo ~NC SANK, NATf~NAL A~OCfATICN ("~er"}, or o4.J.28-lgg5 PROMISSORY NOTE ~.oan No (Continued} THE T~MS OF THE NO~ AND ACKNOW~S RE~ OF ~MPC~ED COPY OF THE NO~ BORROWE~: MOP CORPORATION 'ORATION Lender: PNC Baal<, Nacio~I Association ~_ Cartisle Pi~e Camp Hill, PA 17011 The undersigned did ex~cuce, and/or is executing, orr q/~ . tD~ t%llowing document(s) under w~ic~ ~he und=rsigne~ is obligated ~o repay mo~s co i. A PRON[ISSORI' NOTE IN ~E AN~OGNT OF A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOV DOCUMENTS CONTAIN PROVISIONS UND ER. WHICH LEND ER iv[AY ENTER .rUDGMENT CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARJE OF iTS RIGHTS Ti PRIOR NOTICE AND A HEARING ON' TIlE VALiDiTY OF ANY .rUDGNIENT OR OTHEi CLA.iMS THAT MAY BE ASSERTED AGAINST IT BY LENDER IlEREUNDER BEFOR.1 ~'UDGMENT IS ENTERED, THE ro,.'NDERSIGNED HEREBY FREELY, KNOWINGLY ANr iNTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TC LENDER'S ENTERING JUDGMENT AGAiNST IT BY CONFESSION PURSUANT TO TERMS TF. EP-,EO F. B. THE UNDERSIGNED ALSO AC,-~L"¢OWLEDGES AND AGP,.EES THAT T~E ABOVE DOCUMENTS CONT.~N PROVISIONS UNDER WIl?CH LENDER MAY, AFTER ENTRY OF .rUDGMENT AND WITHOUT EITHER NOTICE ORA HEARING. FORECLOSE bTON', ATTACH, LEVY OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTL~r PAYMENT OF TIlE ~'UDGMENT. BEING FULLY AWA.R.E OF iTS RIGHTS AFTER IUDGN{ENT IS ENTERED (INCLUDING Ti~E RIGHT TO MOVE TO OPEN OR STRIKE THE .rL'DGMENT), THE UNDERSIGNED HEREBT FREELY, KNOWINGLY AND INTELLIGENTLY WAivEs THESE ~GHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAZ~5'4G SUCH ACTIONS AS .',[AY BE PEP,..¥ETTED UNDER APPLICABLE STATE AND FEDERAL LAw WITHOUT P~OR NOTICE TO THE UNDERSIGNED. AFFIANT: 5IOP CORPO P._~.T~ON SA' IS, SHTJ'FF, FLOWER & L_ ,iT)SAY A PROFESSIONAL CORPORATION ZI09 t'vIARK~T STREEI' CAMP HII. L, PI~NNSYLVAN[A I70'1.1 TELI~PHONE: (71;~ 7S7o3405 - FACS{MII.~: (7'!.?") 737-$407 EM.affL: aeeomey@ssfl-iaw.com March 23,200I CERTIFIED MAIL, RETUI~N RECEIPT REQUESTED AND REGb'LAR MAIL MOP Corporation 29 Old Getty. sburg Pike Mechanicsburg, PA 17055 Jolm J. Park 29 Old Gettysburg P/ko Mechanicsburg, PA 17055 RE: PNC Bank. National Association ("PNC') - Obligation Number 600711355/Obligor Number 30933602("Loan") CARt./fiLt~ OFF[¢ 2fi w. HIGH ST~ CARLfSLE, PA 17 FACSIMILE: (71;~2q R~LYTOC,~MP Dear Mr. Park: PNC has rer21ned our firm in connect/on with the recovery of the amounts due to PNC under the above-referenced Loan. MOP Corporation's obligations under the Loan are in default for, inter alia, tki[ure to make the payments required under the terms and conditions of the Promissory Note (the "Note") and the Note having matured by i~s terms on April 28, 2000. Therefore. PNC hereby demands immediate payment of ~e entire outstanding principal, interest and other amounts due under the Loan in the amount of $57,054.73 calculated a~ follows: l. Principal: $44,115.54 2. interest through Maxch 14, 2001: $ 5,379.97 3. Attorneys fees and costs $ 7,559.22 Total due to PNC as of ,March {4. 200 1: 557,054.73 5. Per diem interest accrual $ l 1.6416 Please forward neat of the $57,054.73 together wirl..~ditional interest to my o~ce immediately. Payment must be in the foam ora certified or cashier's check and made payable tc Saidis, Shuff, Flower &: Lindsay. Upon receipt of payment, [ w~ll forward the proceeds to PNC and instruct PNC to close your account. Unless payment together with additional interest to the date payment is received in our office is received in my office within ten (10) days of the date of tt~s letter, PNC has [astructed our firm to pursue /rs ri~rs and remedies under the loan documents and at law and in equity. without fu~er notice. ,- - · In addition to the other rights and remedies avfilabie {o' PNC, PNC hereby also exercises its rights under the Note to increase the applicable interest rate from its current rate of 9.5% to 14.5% as set forth, in the Nor~ effective March 14, 2001, This letter shall be without prejudice to and shall not be deemed a waiver or postponement of any rights or remedies available to PNC, including, without limitation, PNC's right's to accept partial payments without waiving demand for payment in full of all obligations due under the above-referenced Loan or reinstating Borrower's obligation. ~either this letter nor any subsequent discussion shall be deemed offers to extend the maturity of the loan or otherwise waive any defaults thereunder. I look forward to receipt of the $57,054.73 plus interest to the dare of payment in ~e immediate future. Very. amly yours, ICML/rmtl cc: Anura Unger PNC BANK, NATIONAL ASSOCIATION, Plaintiff MOP CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CWIL ACTION - LAW : CONFESSION OF JUDGMENT VERIFICATION I, Anura Unger, Assistant Vice President, for PNC/CRC, being authorized to do so on behalf o1' PNC Bank, National Association, hereby veri~ that the statements made in the foregoing pleading are tree and correct to th~ best of my information, knowledge m~ belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: PNCICRCf"' By: ~P~ ~ 9 ~00~ PNC BANK, NATIONAL ASSOCIATION, Plaintiff MOP CORPORATION, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW CONFESSION OF JUDGMENT CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendant, MOP Corporation, is 29 Old Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. Respectfully submitted, Date: SAIDIS, SHUFF, FLOWER & LINDSAY i~'_ _~_~_ ~ E~s~ l~arl M. Ledebohm, quire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff MOP CORPORATION, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CWIL ACTION - LAW CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please emer the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: ~1 Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Pla'mtiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff MOP CORPORATION, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE TO: MOP Corporation, Defendant Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the docu_mems filed in support of the said judgmem. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 737-3405 Prothonotary