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Home My WebLink About04-5260 PENNSYLVANIA STATE BANK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04- S"'~'-O GOlL~~ FACETS PURVEYORS OF FINE JEWELRY, LTD. CIVIL ACTION - LAW Defendant PRAECIPE FOR ENTRY OF CONFESSED JUDGMENT ON PROMISSORY NOTE TO THE PROTHONOTARY: Please enter Judgment in favor of Plaintiff, PENNSYLVANIA STATE BANK, and against Defendant, FACETS PURVEYORS OF FINE JEWELRY, LTD. of 4401 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011, in the amount of $40,000.00 + Interest at the rate of $7.77778 per diem in accordance with the Promissory Note attached hereto. TO Cumberland County Prothonotary ~ Dated: September 13.2004 Robert D. Kodak Attorney J.D. No. 18041 Attorney for Plaintiff F :\USER\BONNIEJO\PSB\CONF JUDG\04257purveyors. wpd:03Sep04 PROMIss6FrV "NOTE . Prin~iP81 I Loan Date ! Maturity f Loan No ! Can ! Collateral I Accoun;' 1 o~~r Ilnitiala S40.ooo.oo i 09-29-1997 I ._____,__l.~~~~_?:_:9_l.L____..____L__oomo_._____.l._____~~~~____~-.-~--________.t.. -0-- -- ..-.. - - -- - ---- R;t;;~~-~ th;~had-;;d 0 a~~~- ~~~-i~r'L~~der's use only and do not limit the applicabilIty of this document to any particular loan or Item. Borrower: Fecets Purveyors of Fine Jewelry, Ltd. (TIN: Lender: PENNSYLVANIA STATE BANK 25-1613632) 2148 Market Street, P.O. Box 487 4401 Carlisle Pike Camp Hili, PA 17001-0487 Camp Hili, PA 17011 Principal Amount: $40,000.00 Initial Rate: 10.000% Date of Note: September 29, 1997 PROMISE TO PAY Fecets Purveyors of Fine Jewelry, Ltd. ("Borrower") promises to pay to PENNSYLVANIA STATE BANK ("Lender"), or order, In lawful money ot the United States of America, on demand, the principal amount of Forty Thousan.:s & 00/1~ ~lIar~ =/:=:~~~:, ":r':~ as may be outstanding, together wIth Interest on the unpaid outstanding principal balance of each vance. n eres the date of each advance until repayment of each advance. PAYMENT Borrower will pay thIs loan Immediately upon Lender's demand. In addition, Borrower will pay regular monthly payments of :1 accrued U~paId Interest due as of each payment date, beginning November 5, 1997, wlt~ all sub~uent I~terest ~ments to.be due on t e same d of each month after that. Interest on this Note is computed on a 365/365 simple Interest baSIS; that IS, by applYing the ratio of the ~n~ual interest ~te over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual num~er of ?ays .t~e P~C=I balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such ~t~er place as Lende.r ~ay designate In wr!ti~g. n s otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to princIpal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in ~n index Whi~h is the Pennsylvania State Bank's Base Lending Rate (the "Index"). The Index is not necessarily the lowest rate charg~d by Lender ~n Its. loans and IS s~t.bY Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each Day. The Index currently Is 8.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.500 percentage points over the l~deX, resulting In an Inlt~ rate of 10.000% per annum. NOTICE: Under no Circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAVMENT' MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands th8:t Lender is entitled to a minimum I~terest charge of $7.50. Other than Borrower's obligatio~ to pay any minimum interest charg~, Bo~ower ~ay pay Without penalty all ~r a portion of the amount owed earlier than it is due. Early payments WIll not, unless agreed to by Lender In wnting, relieve Borrower of Borrower s obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $50.00, whichever Is greater. If Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after Lender's demand, Borrower also will be charged either 10.000% of the sum of the unpaid principal plus accrued unpaid Interest or $50.00, whichever Is greater. DEFAlJ.T. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person tha' may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of thE Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in an~ material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower'~ property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower unde any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. Thi includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default seetio occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes th prospect of payment or performance of the Indebtedness is impaired. (i) Lender in good faith deems itself insecure. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this No' within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice fro Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) da~ immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance ' this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to hE collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable Is Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankrup proceedings (inclUding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgmel1 entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a laws Borrower agrees upon Lender's request to submit to the JUrisdiction Of the courts of Cumberland County. the Commonwealth of Pennsylv8I This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower's loan and the checl preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, transfers to Lender all Borrower's rlght, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some ( account), inclUding without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding how all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lendl the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. ....... · ""R:lAI . 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ANV lV l:IV3ddV 01'3t::l3HM3S13 l:IO '\fIN\f^1ASNN3d .:10 Hl1'v'3MNOWWOO 3Hl Nlll:lnO~ ANV .:10 >ll:I310 l:IO LONOH10t::ld 3Hl t::l0 A3Nt::lOllV ANV Sl:I3MOdW3 ONV S3Zll:IOHlnV A l8\fOO^3l:ll:l1 A83l:l3H l:l3MOl:ll:l08 . lN3W9Oflr :JO NOISS3.:1NO~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 - S:lI.D OLOl'L~~ PENNSYL VANIA STATE BANK Plaintiff FACETS PURVEYORS OF FINE JEWELRY, LTD. : CIVIL ACTION - LAW Defendant PLAINTIFF'S AFFIDA VITIA VERMENT CONFESSION OF JUDGMENT FOR MONEY (X) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), I certify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY ( ) Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. ............... The above certification is made subject to the penalties of 18 Pa.C authorities. relating to unsworn falsification to Dated: September 13.2004 -" Address: Knupp, Kodak & Imblum, P.e. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Fax: (717) 238-7158 r:-'.t ........1 -( '~:') r.-:-:..' f'..) c=; C,) ...: .~ C,.<'J \.1) ~~{ r _ PENNSYLVANIA STATE BANK Plaintiff : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania v. NO. 04-5260 FACETS PURVEYORS OF FINE JEWELRY L TD CIVIL DIVISION - LAW Defendant(s) PRAECIPE TO THE PROTHONOTARY Please mark the above-captioned Judgment as settled and satisfied in full. TO CUMBERLAND County Prothonotary Dated: March 4. 2005 e?/. ~/~~~/ .~::: /f p ."- -. Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 . , ______.~.__m.~~. _,___ . R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: Sheriffs Costs: 950.00 879.48 $ 70.52 18.00 800.00 .50 1.00 19.24 20.00 20.00 Refunded to Atty on 03/03/05 .74 879.48 Sworn and Subscribed to before me This1dayof~ 2005 ADj't~;;;';/.a"Zr So Answers; ''-~~~e R. Thomas Kline, Sheriff CJ a..utLl l- q. ()uuJb kr.( By Claudia A. Brewbaker bl :E d 8\ AON ~UUl vd 'AltlilUJ ch~ V\\J:;8W1:J .:l.:lIB3\1S 3tH 30 3:)1.:l30 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5260 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, intetest and costs due PENNSYLVANIA STATE BANK, Plaintiff(s) From FACETS PURVEYORS OF FINE JEWELRY, LTD., 4401 CARLISLE PIKE, CAMP HILL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS INCLUDING BUT NOT LIMITED TO FURNITURE, EQillPMENT, ELECTRONICS, INVENTORY, ETC. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the acc01mt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $40,000.00 L.L. $.50 Interest FROM DATE OF JUDG 10/20/04 @$7.77778PERDIEM Atty's Carom $2,000.00 % Due Ptothy $1.00 Atty Paid $37.00 Other Costs Plaintiff Paid Date: NOVEMBER 10, 2004 CURTIS R. LONG (Seal) ptothonL Q ~ - Deputy . 7f?4-?/i(,~ REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: POBOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041