HomeMy WebLinkAbout01-3089ALLFIRST BANK. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS. .'
.'No.
-
VICTOR D. MACOMBER and :
WANDA W. MACOMBER, his wife, :
Individually and Jointly, :
Defendants :
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is
attached to the Complaim filed in this action, I appear for the Defendants and confess judgment
in favor of the Plaintiffand against thc Defendants as follows:
Principal Sum Due - $ 431.05g.28
Interest to 5/18/01 - 7,075.97
Late Fees - 220.25
Attorney's Fees (15% of principal, interest and charges) - 65,753.18
Total - $ 504.107.68
Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full,
charges, fees, expenses and court costs.
Attorney for Defendants
ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS. :
: No.
VICTOR D. MACOMBER and :
WANDA W. MACOMBER, his wife, :
Individually and Jointly, :
Defendants :
COMPLAINT
1. The Plaintiff is Allfirst Bank, a Maryland State charted commercial bank. with
offices located at 213 Market Street, Harrisburg, Pennsylvania 17105.
2. The Defendants, Victor D. Macomber and Wanda W. Macomber, his wife,
individually and jointly, are adult individuals last known to reside at 3452 Lisbum Road.
Meehaniesburg, Pennsylvania 17055.
3. On September 7. 2000, the Plalntiffloaned to the Defendants the sum of Four
Hundred Sixty Thousand Dollars ($460,000.00) as evidenced by a Commercial Promissory
Note (the "Note") and Commercial Promissory Note Modification Agreement and Declaration
of No Setoff. a true and correct copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference.
4. The Note, as modified, and debt have not been assigned.
5. Judgment has not been entered on the Note in any jurisdiction.
6. Defendants are currently liable to Plaintiffas follows:
Principal Sum Due - $ 431,058.28
Interest to 5/18/01 - 7,075.97
Late Fees - :220.25
Attorney's Fees (15% of principal, interest and charges) - 65.753.1~
Total - $ 504,107.68
Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full,
charges, fees, expenses and court costs.
7. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
WHEREFORE, Plaintiff requests that judgment be entered in favor of the Plaintiff,
Allfirst Bank, and against the Defendants, Victor D. Macomber and Wanda W. Macomber, his
wife, individually and joint, in the amount of:
Principal Sum Due - $ 431,058.28
Interest to 5/18/01 - 7,075.97
Late Fees - 220.25
Attorney's Fees (15% of principal, interest and charges) - 65.753.18
Total - $ 504,107.68
Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full,
charges, fees, expenses and court costs.
I.D. #55774
937 Willow Street
P.O. [lox 1140
Lebanon, PA 17042-1140
(717) 274-3644
Attorney for Plaintiff
- 2 -
AFFIDAVI~
COMMO~ALTH OF PEI~SYLVANIA:
COUNTY OF :
Jeffrey S. Linden, Assistant Vice President, of Allfirst Bank, being duly sworn according
to law, deposes and says that he has authority to si~n this Affidavit on behalf of Allfirst Bank
and that the facts set forth in the foregoin~ Complaint are true and correct to the best of his
knowledge, information and belief; and that the copy of the Commercial Loan Note and
Commercial Promissory Note Modification A~eement and Declaration of No Seto~ Exhibit
"A" attached to the Complaint, is a true and correct copy ofthe original which is held in the files
of the Plaintiffand which was executed and delivered by the Defendants to Pleintiff.
ALLFIRST BANK
L(nden
Vice President
Sworn and subscribed to before me this:
~ay/of ) ¥~c,.ff..~ ~.:,. 2001. :
-,,- -Dt->-,,K, :
COMMERCIAL PROMISSORY NOTE
$ 460,000.00 107 West Market St., York, PA Sepl:ember 7 ,2000
(Amount) (Bank Office and Location)
Subject ~o the pmvhious of figs Commercial Promissory Note (this "Promis~ Note'), Allrust Bank, a Maryland sine-chartered
commercial bank (the 'Bank") may, in its sole and absolute discretion and at any time and from lime to time hereal~er, until the close
of busineas on March 7ti~. ,2001 (the 'Advunne Period'), le'~d to the Undersized (the 'Malw. r' whether onc or more than une)
such sums of money as may be m~esmt orally or in writing by thz Maker (or by any one or more of the Maker if wore than one) up
to but not exceeding in the aggregate st *,,y one tin~,' outstanding an amount equal ~o the face amouat of Four Hundred 5~ty Thousand
and 00/I00 Dollars.
This Promissory Note is not revolving in nature, i.e.. after the Maker has ~ceivad funds totaling ~460,000.00, no additional fimda
will be advanced.
Principal and Interest Payment 5cheduie.
The Maker promises (joinily and severally if more than one) ~o pay accrued interest on the 15th. day of each month,
commencing on October 151;h. ,2000 and conilnuing through and including March 151;h. ,2~01. Thereafter, the Maker promises
(joindy and severally if more than one) to pay to the order of the Bank the principal amount of this Promissory Note or so much
thereof as may then be advanced and outstanding hereunder (the total of all such advances outstanding at the time of determination
being herein called the 'Principal Amount') over a period of 114 months in consecutive and equal installments of principal and
huerest in the amount of $4,405.01 each, payable on the 151:[~. day of each month in each year, commencing on the
day of April. ,2001.
A ~'mal installment in the amouat of the unpaid balance of the Principal Amount together with accrued and unpaid interest thereon
shal! he due and payable on ~be 15t[~,day of September,2010.
Interest Rate Schedule.
The per annum rate of interest on the Principal Amount of this Promissory Note from the date hereof until the maturity of this
Promissory Note (whether by aceeieradou, declaration, extension or otherwise) is 9.25 %.
If all or any portion of the Principal Arouunt is paid prior to its scheduled maturity, the Maker shall pay a prepayment lee to the
holder of this Promissory Note. The prepayment fee shall be due and payable in counection with all of such payments, from whatever
source, including, but not limited to, payments made at the voluntary election of any Other Obligor (as hereinafter defined), payments
made as a result of the acceleration of this Promissory Note by the holder of this Promissory Note or payments made as a result of
casualty to or the condemnafiun or sale of any collateral securing the repayment of this Promissory Note. The prepayment fee shall he
calculated by discounting to present value, as of the date of ~he prepayment, the remaining paymants of principal and interest on this
Promissory Note being prepaid, using a discount rate equal to no percent (2%) above the yield to maturity of the non-callabie debt
obligation of the United Slates Treasury having a maturity date nearest in ~ to the memrity daze of the portion of the Principal
Amount being prepaid. If such discounted value exceeds ~he unpaid Principal Amount being prepaid, then the prepayment fee shall be
an amount equal to such excess, but in no event less than one percent (1%) of the amount being prepaid. If the discounted value does
not exceed the unpaid Principal Amount being prepaid, the prepaymenr fee shall he equal to one percent (1%) of the amount being
prepaid. The maturity date and yield to metori~y of the applicable United States Treasury obiigstion shall be determined on the basis of
quotations published in 'The Wall Street Journal' on the date of prepayment or from such other source as the holder of this Promissory
Note, in its sole discretion, shall deem appropriate.
Late Charge.
If the Maker fails to make any payment of the Principal Amount or of interest thereon within fifteen (15) days of the date due and
payable, the Maker shall pay to the Bank on demand a late charge equal to five percent (5%) of the amount of any such payment.
.~d~itlonal Provisions.
~, or ~y ~n ~f, h ~.
A~r ~ of ~ ~ ~ (w~ by ~cel~on,'~l~n, ex.on or ~), ~ ~ ~e of ~
~i~ ~t ~ ~ ~ ~ of ~ pl~ acc~ ~d ~ ~ ~ m ~ ~ ~ ~t at a ~
nnn,,m ~ of ~ w~h ~ ~ m ~ ~ of ~ on ~ ~i~ ~t of ~ ~ Note ~ ~fi~, ~ ~v~
~ve. pl~ 2~ ~r ~.
A~li~ of Pa~.
AH ~y~ ~ p~t m ~ ~ No~ ~ be appli~ f~ m ~ ~ ~p~ ~st, ~en m ~d ex~s
~ c~g~ payab~ her~. ~ ~ ~ p~i~, or ~ s~h o~er o~r ~ ~n ~ ~ ~I~r, ~ ~e holder's ~le d~on,
~y el~t from ~ to ~e.
Y~ ~ l~s.
M~er ~, w~ ~ ~v~ ~t, (a) ~ on a comp~ive ~vi~ ~d ~nt of i~ sys~ ~d ~uip~nt
~d ~ of i~ ~ri~ mppli~, v~a ~d cus~, ~e M~r ~on~ly ~Ikves ~t Y~ 2~ i~ues ~e~r de~m~)
~l~g cos~ of ~i~on, ~d ~ ~ ex~ m ~ult ~ a ~ ~veae ~e ~ ~e f~ci~ condi~on of ~e M~er or
~y O~er Obl~or ~ ~t exp~ ~ ~e r~ s~temen~ ~st ~e~y sub~ m ~e B~ p~or m ~e date he.f; ~) ~e
M~er ~ ~y ~r Obl~or ~ve ~1~ pl~ for ~s~nd~g to Ye~ 2~ 1~ ~d ~e ~l~tion of such pl~s, ~lu~g
~, ~ on ~e ~ ~ ~ ~; (c) M~r ~d ~y ~er Obli~r ~ d~elo~ ~ible ~t~g~cy pl~ m ~u~
~p~ ~ ~ b~ ~ra~n ~ ~ ~t of ~ of ~ek o~ ~s~ or ~p~t or ~o~ of aek ~
suppers, v~ or c~m~ ~ ~ Ye~ 2~ I~; ~d (d) ~ M~r ~ ~y ~ Obligor ~ pmvi~ ~e ~ wi~ ~y
~r ~c~ ~ m ~lufion of Y~ 2~ I~ ~ques~ by ~e B~. ~ ~ 'Ye~ 2~ Is~' ~ ~cl~e, but ~t be
I~ m, ~e ~b~i~ of ~ ~ ~pu~ ~, ~ well ~ ~ ~ ~ ~n~t~ ~vic~, ~ p~o~
~operly, ~lud~g ~ffo~e of ~-~i~ve ~tio~ wi~ ~t ~ ce~ ~t~ p~or m ~d ~r ~r 31, 1999.
Co~on of Ju~ent.
~e Mak~ autho~ ~y a~o~ a~tt~ to practice before any co~ of ~ord ~ ~e U~t~ S~t~ ~ ap~ on be~
of the ~ ~ ~ co~ ~ o~ or ~ p~, or ~fo~ ~y c]~k ~ or ~o~ or ~ co~ office, ~d
~ ap~ for, ~ J~t ~d ~t~ ju~ent aRnln~ ~e M~er at ~y t~, w~ ~o~ or ~ ~e ~e~ce oF
~ defa~t h~, ~ ~ ~t~ av~t of ~fa~t, ~th or ~th~t ~t ~ ~d ~thout prior ~ti~ to or
opacity of M~er for pri~ b~g, ~ favor of the hoist of t~ ~o~ N~ ~ ~e ~ ~t of ~e ~debt~
~d~c~ by t~ ~omt~ N~ (~lu~g p~ci~l, ~ ~ ~d ~y ~d ~ ~, f~ ~d ~) pl~ ~
~, pl~ at~' f~ ~ to ~ ~ (15%) of the ~d ~lnn~ of ~, ~t~, c~g~, ~d other s~
due or w~ch ~y ~ d~ h~, ~ ~1~ of ~ e~ ~d ~thout ~t of ap~. ~ a~fion to ~ other co~
~ wMch ]ud~t ~y ~ ~ ~nln~ ~ u~n t~ ~ Note, ~ ~ ~t v~ ~d ]~ion shrill
~ p~ ~ ~e ~ of ~ ~ ~ city of t~ Co--on--th of ~lvnn~ ~ ~ ~e U~ ~t~ ~ Co~ for
· e ~e ~a of ~nnln. ~ w~v~ the benefit of ~ ~d ~ ~e, ~innn~, or r~e of co~, wh~b~
now ~ force or ~R~ ~, ~eh ~y ~ ~y ~v~ ~ u~n ~r ~y ~t or prince of ~ption,
ho~d ~ appr~t, ~ of ~ion or ~pplemen~- p~ ~ ~ ~ ~ the ~o~ent or
~te ~t of a J~ or ~ p~g on a jud~t. ~o ~ ~nt ~bit~ by appH~ble ~w, ~y
~u~t ob~ by co~ ~nn n~ ~tu~ a H~ on ~y ~ ~o~y ~t~ ~ ~nn~lvnnln w~ch ~ the ~n~
of ~y ~.) ~e au~o~ ~ ~ ~ ap~ for ~d enter just ~ ~ ~ n~ ~ ~ ~ one or
~ ~ thor, or by ~ ~f~ ~e~ the~F~ ~d ~H n~ ~ ~ by ~y j~t ~te~ p~
· e~to; ~h authod~ ~d ~ ~y ~ ~ on one or ~ ~ ~ ~ ~ ~e, ~ ~e ~ or ~ce
J~ctio~e ~ O~ ~ ~e ~ ~nll d~m n~ or adv~ble. ~ -~:~BY AC~O~ ~T T~
CO~ON OF ~ ~O~ONS ~ CO~ ~CH ~'~'~ ~ W~ C~T~ LEG~
~G~ OF ~R ~ B~ ~ ~E~D ~ VOLleY AGeD TO BY ~.
Sums due under this Promissory Note are secured by, and the Maker grants to the Bank a ~'curity interest in, all deposi~ and
propen3~ of the Maker now or at any time hereafter in the possesalon of or on dep~it with the Bank whether ~ custodian or depository
or in any other capacity. In addition, this Promissory Note is secured by any property described as collateral in any security
agreement, mortgage, deed of trust, pledge agreement or other document previnusiy, simultaneously, or hereafter entered into by the
Maker in connection with any obligation or liability of the Maker to the Bank or any corporate affiliate of the Bank.
Default.
Any of the following will be a default under this Promissory Note: (a) failure to pay any principal, expense, fee, charge or interest
when due, or failure to perform any other obligations hereunder; (b) a default by any Maker upon any of the existing or future
obligations of any Maker to the Bank; (c)a default by any guarantor or other person that is now or hereafter liable upon or in connection
with any of the obligations of any Maker to the Bank or that has granted any lien or security interest to or for the beuefit of the Bank to
secure any of the obligations of any Maker to the Bank ("Other Obligor"), upon any of the existing or future obligations of any Other
Obligor to the Bank; (d) a default in any other agreement, insn'ument or docun,,e~ between any Maker or Other Obligor and the Bank
or any corporate af~iate of Bank, including, without limitation, any security document referred to above, whether previously'.
simultaneously, or hereafter entered into; (e) a material udverse change in the financial condition of any Maker or Other Obligor from
that expressed in the finan,'ial statement most recently submitted to the Bank prior to the date of this Promissory Note, as detcrmined in
good faith by the Bank in its sole discretion; (0 institution of bankruptcy, insolvency, reorganization or receivership proceedings by or
against any Maker or Other Obligor in any state or federal court; (g) the appointment of a receiver, assignee, custodian, trustee or
similar official under any ~ or state insolvency or creditors' rights law for any propany of any Maker or Other Obligor; (h} failure
of any Maker or Other Obligor to furnish to the Bank such collateral or additional collateral as the Bank may in good faith request; (i)
any warranty, rcpresentailon, or statement to the Bank by or on behalf of any Maker or Other Obligor proving to have been incorrect in
any material respect when made or furnished; (j) the occurrence of any event which is, or would be with the passage of time or the
giving of notice or both, a default under any indebtedness of any Maker or Other Obligor to any person other than the Bank; (k) any
material loss, theft or substantial damage, not folly insured for the benefit of the Bank, to any of the assets of any Maker or Other
Obligor, or the sale, Uansf~r, lease, encumbrance or other disposition of all or any material pan of the assets of any Maker or Other
Obligor other than in the ordinary course of business of the Maker or Other Obligor; 0) the entry of any final judgment ag.i,~t any
Maker or Other Obligor for the payment of money in excess of $5,000; (nO the levy upon or attacinuent of any assets of any Maker or
Other Obligor; (n) the recordailno of any federal, state or local tax lien agnlnq! any Maker or Other Obligor; (o) a change of ownership
or dissolution, merger, consolidation, liquidation or reorganization of any Maker or Other Obligor which is a corporation, partnership
or other legal entity; (p) the death of any Maker or Other Obligor who is a natural person; (q) the failure of any Maker or Other
Obligor to furnish to the Bank such financial information as the Bank may require from time to time; or (r) the determination in good
faith by the Bank, in its sole discretion, that the ability of any Maker or Other Obligor to pay or perform any of their respective
obligations to the Bank is impaired for any reason.
Remedies.
Upon a default, in addition to all other rights and remedies available to the bolder of this Promissory Note under any other
document or agreement between the Maker and the Bank or under applicable law, the holder of this Promissory Note, in the holder's
sole discretion and without notice or demand, may declare the entire unpaid principal balance plus accrued interest and all other sums
due hereunder immediately due and payable. The Maker agrees that a default under this Promissory Note is a default by the Maker
under all other liabilities and obligations of the Ivlaker to the holder, and that the holder shall have the right to declare immediately due
and payable all of such other liabilities and obligations.
Interest Rate After ludgment.
If judgment is entet~i against the Maker on this Promissory Note, the amount of the jud,~nent entered (which may include
principal, interest, chaxgns, fees, and expenses) shall bear interest at the higher of the above-described default interest rate as
determined on the date of the entry of the judgment, or the legal rate of interest then applicable to judgments in the jurisdiction in which
judgment was entered.
Expenses of Collection.
Tno Maker shall pay all costs and expe~es inourmi by lhe Bank in collection sums due under ~ Pnxnissory Note, iucludiu~
without limi,ntln~ the costs of any Hen, jud.~neut or other record searches, ,,l~l,,~isals, travel expenses and the like. In nddltion, if this
Promissory Note is referred to an attorney tar collection, wbe~er or ax jmigmmt has been confmaed or suit has been filed, the Maker
,,h,,tt pay all of the holder's costs, fees (including. but not limited to. the holder's attorneys' fees. charges and eXlX-ases) and all other
Negotiable Instruments.
The Maker agrees that ~ Promissory Note shall be deemed to be a negmiable instr,,m~t, even though this Promissory Note may
not qualify under applicable law, absent this paragraph, as a negotiable instrument.
Waivers.
The Maker, and all parties to this Promissory Note, whether maker, indorser, or guarantor, waive presentment, demand, notice of
dishonor and protest.
Extensions of Maturity.
Ail parties to this Promissory Note, whether maker, indorser, or guarantor, agree that the maturity of this Promissory Note, or any
payment due hereunder, may be extended at any time or from time to tirne by the Bank without releasing, discharging, or affecting the
liability of such pany.
Notices.
Any notice or demand required or permitted by or in connection with ~ds Promissory Note, without implying the obligation to
provide any notice or demand, shall be in writing at the address set f~rth below or to such other address as may be hereafter specified
by written notice to the Bank by the Maker. Any such notice or der. n.d shall be deemed to he effective as of the date of hand delivery
or facsimile transmission, one (1) day after dispatch if sent by te{egraph, mallgram, or overnight delivery, expresz mail or federal
express, or three (3) days after mailing if sent by ftrst class mail with pestage p~'paid.
Assignability.
This Promissory Note may he assigned by the Bank or any holder at any time.
Joint and Several Liability.
If more than one person or entity is executing this Promissory Note as Maker, all liabilities under this Promissory Note shall be
joint and several with respect to each of such persons or entities.
Binding Nature.
This Promissory Note shall inure to the benefit of and be enforceable by the Bank and the Bank's successors and assigns and any
other person to whom the Bank may grant an interest in the Maker's obligations to the Bank, and shall be binding and enforceable
against the Maker and the Maker's personal representatives, successors and assigns.
Invalidity of any Pan.
If any provisions or pan of any provision of this Promissory Note shall f~r any reason be held invalid, Rlegal or unenforceable in
any respect, such invalidity, illegality or unenforeeability shall not affect any other provisions of this Promissory Note, and this
Promissory Note shall he construed as if such invalid, illegal or unenf~rcceble provision or pan thereof had never been contained
herein, but only to the extent of its invalidity, illegality or unenforceability.
Maximum I~e of l~tercst; Commercial Lo~.
~ ~ by ~ M~ ~ ~ hws of ~ C~w~ of ~lv~
Cho~e of ~w; C~t m V~ ~ J~.
~ylv~a, even ff ~ ~ylw,i* ~ gov~g co~ of laws ~d ~ ~ ~ ~ ~ws of ~er j~icfion
gov~ ~ ~ No~. ~e M~ ~nm m ~ej~n ~ vm~of~e~ of ~y co~ or ci~ ~ ~e
Co~w~ of ~ylv~a ~ m ~ ~d~fi~ md ~nue of ~ U~ Sm~ D~ct C~ for ~e Mille Dis~= of
Unco~fio~ Obligafiom.
· ~ ~ ~de~ndent of ~y ~ of ~ff, ~oup~t or ~I~ w~ ~e ~er ~t o~e~i~ ~ve ag~st ~e ~l~r of
· ~ ~o~ No~, ~ ~e M~r sh~ pay a~lu~ly ~e paymenm of pr~ip~, ~st,
~der, ~ of ~y ~ucfiom ~d wi~out aba~ent, d~u~n or ~t-off.
Acfio~ ~t B~.
~y ~ bmu~t by ~ M~r ag~st ~e B~ which ~ ~d, d~fly or ~d~fly. or ~ w~le or ~ p~, u~n ~s
~ No~ or ~y m~-~ ~ ~ ~ ~sso~ Note s~l ~ bmu~t o~y ~ ~e mum of ~ Co~nwe~ of
W~R OF ~Y ~.
~ ~R ~Y ~ON OF '~'~S PRO~RY N~}
PRO~ORY N~) AGUE ~T ~ ~, AL-[~ON, OR ~E~G, ~R CL~ OR
PRO~H~RY N~ OR ~CH ~ ~ WAY ~LA~, D~Y OR ~Y, ~ '1'~ OBLIGA~ONS OF
~Y ~LY W~ ~ ~G~ TO A ~ BY ~Y ~ ~ ~CH ~, AU'lION, OR PR~ED~G.
~ s~nam~(s) ~d ~(s) of~e M~er ~ sub~d ~ ~ ~o~ No~ ~ day ~d ye~ w~ above.
WITNESS/A~T:
COMMERCIAL PROMISSORY NOTE MODIFICATION AGREEMENT
AND DECLARATION OF NO SET-OFF
THIS AGREEMENT, made this//~'-~day of ,&']-'J'~*// , 2001, b and between
VICTOR D. MACOMBER a.d WANDA W. MAC~)~intly and YseYerally (the
'Borrower") and ALLFIRST BANK, a Maryland state-chartered commercial bank (the
"Bank") to modify the Commercial Promissory Note dated September 7, 2000, given in
connection with that certain Mortgage also dated September 7, 2000 (the "Mortgage") to
secure payment of an original principal indebtedness of Four Hundred Sixty Thousand
Dollars ($460,000), said Mortgage having been recorded in the Office of the Recorder of
Deeds of Cumberland County, as a lien on real estate located at 704 Lisbum Road,
Camp Hill, Cumberland County, Pennsylvania (the "Mortgaged Property").
WITNESSETH:
WHEREAS, on September 7, 2000, Borrower made, executed and delivered to
Bank ,~' Commercial Promissory Note in the principal amount of Four Hundred Sixty
Thousand Dollars ($460,000) (the "Note"), which Note is incorporated herein by
reference thereto and made a part hereof; and
WHEREAS, Borrower is indebted to Bank under the Note for monies advanced
and required to be advanced to or on behalf of Borrower by Bank under and subject to
the terms of the Note and related documents and instruments (the "Related
Documents"); and
WHEREAS, the parties hereto have agreed to amend certain repayment terms of
the Note; and
WHEREAS, Borrower has no defense, charge, defalcation, counterclaim, plea,
demand or set-off against the Note or any of the Related Documents, and
acknowledges and agrees that said Mortgage is now and shall remain as a valid lien on
the Mortgaged Property; and
WHEREAS, the parties heret~ desire to formalize their agreement for this
modification and amendment of Note and Mortgage.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound
hereby, the parties hereto covenant and agree as follows:
1. That the introductory clauses set forth above are incorporated herein by
reference and made a part hereof.
2. That the Note be and hereby is amended to substitute 'June 7, 2001" for
'Mamh 7, 2001" appearing therein as the last day of the Advance Period and to
substitute 'June 15, 2001" for 'Mamh 15, 2001' appearing therein as the last day on
which interest only payments will be due and payable and to substitute "July 15, 2001"
for "April 15, 2001" appearing therein as the first day on which 111 consecutive equal
installments of principal and interest will be due and payable. The monthly installments
of principal and interest will be based on a 231-month amortization. The final payment
in the amount of the entire unpaid principal balance and all accrued and unpaid interest
will still be due and payable on September 15, 2010.
3. That the Note is secured, among other things, by said Mortgage.
4. That it is understood and agreed by the parties hereto that this Agreement
does not constitute the creation of a new debt or the extinguishment of the debt
evidenced by the Note and Mortgage, nor does it in any way affect or impair the lien of
the Mortgage, which the parties hereby acknowledge to be a valid and subsisting lien on
the Mortgaged Property, or any additional and other security provided by Borrower to
Bank, and the lien of said Mortgage, as well as any such additional and other security.,
is agreed to have continued fome and effect from the date thereof, unaffected and
unimpaired by this Agreement, and the same shall so continue until fully satisfied.
5. That in all other respects, the Note and Mortgage shall remain in full fome
and effect, and without limiting the generality of the foregoing, all remedies and warrants
of attorney therein are ratified and confirmed and incorporated herein by reference.
6. That any and all references to the Commercial Promissory Note dated
September 7, 2000, in writings of the same or subsequent date shall be deemed to be
or to have been made and to refer to the Commercial Promissory Note dated
September 7, 2000, as amended and modified from time to time. '
-2-
IN WITNESS WHEREOF, this Modification Agreement has been duly executed
as of the day and year first above wdtten.
WITNESS:
· - ~/(,/ - SEAL.)
Wanda W. Macomber
"Borrewer"
ALLFIRST BANK
Title:
'Bank"
-3-
COMMONWEALTH OF PENNSYLVANIA :
: SS,
COUNTY OF
:
I hereby cerlify, that on thisbe., day of z~-.~'~/~. , .2001, before
me, the subscriber, a Nota~j Public of the Comrfionwealth of Pennsylvama aforesaid,
personally appeared Victor D. Macomber and Wanda W. Macomber, known to me or
satisfactorily proven to be the persons whose names are subscribed to the within
instrument and acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public ..... ; ..................
.,~' Cumn::ss;on =:;p:.'a~ Oct ~5.2~C5 j
COMMONW~LTH OF PENNSYLVANIA :
: SS.
COUN~ OF
On this, the ~ day of ,2001, before me, the undersigned
officer, personally appeared , who acknowledged (her)
himself to be of ALLFIRST BANK, and that (s)he, as such
officer being authorized so to do, executed the foregoing instrument for the purposes
therein contained by signing the name of the organization by (her)himself as such
officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
-4-
,, I
ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS. .'
VICTOR D. MACOMBER and :
WANDA W. MACOMBER, his wife, :
Individually and Jointly, :
Defendants :
PRAECIPE FOR ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of Marc A. Hess, Esquire of the firm of Henry & Beaver
LLP, whose address is 937 Willow Street, Lebanon, Pennsylvania 17046 as attorney for Allfirst
Bank the Plaintiff in the above-captioned matter.
HENR~ER LLP ,
/MAP~ A./HESg
I.D.#55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042
(717) 274-3644
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
TO: Mrs. Wanda W. Macomber
3452 Lisburn Road
Mechanicsburg, PA 17055
ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS. '
:No. (~1- ~
VICTOR D. MACOMBER and :
WANDA W. MACOMBER, his wife. :
Individually and Jointly, :
Defendants :
NOTICE
Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the
above proceeding was entered against you on ~ ,2001 in the amount of:
Principal Sum Due = $ 431,055.28
Interest to 5/18/01 = 7,075.97
Late Fees - 220.25
Attorney's Fees (15% of principal, interest and charges) = 65,753.18
Total - $ 504,107.68
Plus all future interest accruing at the contract rate ($110.76 per diem) until paid in full,
charges, fees, expenses and court costs. Copies of all documents filed are attached hereto.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
TO: Mr. Victor D. Macomber
3452 Lisburn Road
Mechanicsburg, PA 17055
ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No.
VICTOR D. MACOMBER and :
WANDA W. MACOMBER, his wife. :
Individually and Jointly, :
Defendants :
NOTICE
Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the
above proceeding was entered against you on ~ .2001 in the amount of:
Principal Sum Due - $ 431,058.28
Interest to 5/18/01 - 7,075.97
Late Fees - 220.25
Attorney's Fees (15% of principal, interest and charges) - 65,753.18
Total - $ 504,107.68
Plus all future interest accruing at the contract rote ($110.76 per diem) until paid in full,
charges, fees, expenses and court costs. Copies of all documents filed are attached hereto.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FLEET MORTGAGE CORPORATION,
F/K/A FLEET REAL ESTATE FUNDING
CORPORATION
No.: 01-3089-CIVIL
VS.
WILLIAM H. DEVORE, JR..
DONNA M. DEVORE
199 RIDGE HILL R.OAD
MECHANICSBURG, PA 17055
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY
Kindly mark thc judgment that was entered in the above captioned matter on
JULY 11, 2001 vacated upon payment of your costs only.
Frank Federman;Esquire ~,~c~
Attorney for Plaintiff
July 26, 2001