HomeMy WebLinkAbout01-4909
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff
NO. Dl - 1.i90cr.
c 'u ; l T Efi-rr-,
vs.
COMPLAINT IN CONFESSION OF
JUDGMENT
STEVEN S. HINTON d/b/a
VILLAGE FARM MARKET LANDSCAPING,
Filed on behalf of Plaintiff,
PNC Bank, National Association
Code:
Defendant
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. )
)
STEVEN S. HINTON d/b/a )
VILLAGE FARM MARKET LANDSCAPING,)
)
)
Defendant )
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrants of Attorney contained in Note-I and
Note-II, copies of which are attached as Exhibit "A" and Exhibit "B" to the Complaint filed in this
action, the undersigned attorney hereby appears for Defendant and confesses judgment in
favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows:
I. II.
$18,217.65 $ 9,673.90
3,351.38 326.06
N/A 38.99
2,156.90 1.000.00
$23.725.93 $11,038.99
Principal Debt
Interest through July 19, 2001
Late charges
Attomey's Commission
Total
$34,764.92
~ -
By . )~C, '-..~'('-G~/"
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Bank
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff )
)
vs. )
)
STEVEN S. HINTON d/b/a )
VILLAGE FARM MARKET LANDSCAPING,)
)
)
Defendant )
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 which is organized and existing 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. Defendant is Steven S. Hinton d/b/a Village Farm Market Landscaping whose
last known address is 1550 B. Mount Holly Pike, Carlise, PA 17103.
I.
3. Paragraphs one and two are incorporated herein as if set forth at length.
4. Defendant, on July 26, 1996, executed a Promissory Note ("Note-I") and
thereby promised prompt and punctual payment of the indebtedness due under Note-I. A true
and correct copy of Note-I is attached hereto, incorporated herein and labeled Exhibit "A".
5. By Note-I, Defendant promised to pay Plaintiff the principal sum of $66,400.00
together with interest thereon in the manner provided by Note-I.
6. There has been no assignment of Note-I.
Defendant.
8. The Judgment by confession sought by PNCB in this Complaint on Note-I is not
being entered against a natural person in connection with a consumer credit transaction.
9. By Warrant of Attorney contained in Note-I, Defendant authorized entry of
judgment by confession.
10. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived
the benefit of all laws exempting real or personal property from execution.
11. Pursuant to the Warrant of Attorney contained in Note-I, judgment may now be
entered against Defendant as payment was not made when due creating an event of default
under Note-I and accelerating all amounts due. The Warrant of Attorney also allows judgment
to be entered as of any term.
12. Under Note-I, the following amounts are now due by Defendant to PNCB:
Principal Debt $18,217.65
Interest through July 19, 2001 3,351.38
Attorney's Commission 2,156.90
Total $23,725.93
13. Under the terms of Note-I, Defendant is obligated to pay an attorney's
commission of ten percent of the principal balance plus accrued interest.
WHEREFORE, Plaintiff, PNC Bank, demands that a judgment be entered against
Defendant as authorized in the Warrant of Attorney contained in Note-I, in the sum of
$23,725.93 together with interest and costs of suit.
II.
14. Paragraphs one through 13 are incorporated herein as if set forth at length.
15. Defendant, on February 17, 1998, executed a Promissory Note ("Note-II") and
thereby promised prompt and punctual payment of the indebtedness due under Note-II. A true
and correct copy of Note-II is attached hereto, incorporated herein and labeled Exhibit "B".
16. By Note-II, Defendant promised to pay Plaintiff the principal sum of $10,000.00
together with interest thereon in the manner provided by Note-II.
17. There has been no assignment of Note-II.
18. Judgment has not been entered on Note-II in any jurisdiction against the
Defendant.
19. The judgment by confession sought by PNCB in this Complaint on Note-II is not
being entered against a natural person in connection with a consumer credit transaction.
20. By Warrant of Attorney contained in Note-II, Defendant authorized entry of
judgment by confession.
21. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived
the benefit of all laws exempting real or personal property from execution.
22. Pursuant to the Warrant of Attorney contained in Note-II, judgment may now be
entered against Defendant as payment was not made when due creating an event of default
under the Note-II and accelerating all amounts due. The Warrant of Attorney also allows
judgment to be entered as of any term.
23. Under Note-II, the following amounts are now due by Defendant to PNCB:
Principal Debt $ 9,673.90
Interest through July 19, 2001 326.06
Late Charges 38.99
Attorney's Commission 1.000.00
Total $11,038.99
24. Under the terms of Note-II, Defendant is liable to PNC Bank for an attorney's
commission of ten percent of the outstanding principal balance plus accrued interest.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against
Defendant as authorized in the Warrant of Attorney contained in Note-II, in the sum of
$11,038.99 together with interest and costs of suit.
III.
25. Paragraphs one through 24 are incorporated herein as if set forth at length.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against
Defendant as authorized in the Warrants of Attorney contained in Note-I and Note-II, in the
sum of $34,764.92 together with interest and costs of suit.
B:~:')C~C' \")~~""
Donna M. Donaher, Esquire
TUCKER ARENS BERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorneys for Plaintiff
PROMISSORY NOTE
/J /f-)
Borrower: STEVEN S HINTON (SSN: 515-42-2982)
dba: VILLAGE FARM LANDSCAPE
515822912)
s.4 FAIRFIB.D STREET
CARLiSlE, PA 17013
(TIN:
Lender: PNC BANK, NATIONAl ASSOCIATION
4242 CARLiSlE PIKE
CAMP HILL, PA 17001-aa74
Principal Amount: $66,400.00 Interest Rate: 9.900% Date of Note: July 26,1996
PROMISE TO PAY. STEVEN S HINTON ("Borrower") proml...to pey to PNC BANK, NATIONAl ASSOCIATION ("Lender"), or order, In I_I
money ollhe United Stales 01 America, the principal amounl 01 Slx1y SIx Thouund Four Hundred & 00/100 Dollers ($Ie,400.IlO), logelher with
Inlereal at the rile 019.too'llo per ennum on the unpaid principal baIanc:e from July 29, 1_, unal paid In lUll.
PAYMENT. Borrower will pey this loin In 5' regullr peyments 01 $113.15 eech end one Irreguler IISI peymenl esllmated at $42,43ll,75,
Borrower's IIrst peymenl Is due Seplember 15, 1_, end In subsequenl peyments ere due on lhe same dey 01 eech monlh Iller 111I1.
Borrower's IInll peymenl due Augusl 15, 2001, will be lor III principal end ell eccrued Inlerest nol yel paid. Peymenls Include principal end
Inleresl. Inlerest on this Nole is computed on s 365/360 simple Inlerest blSis; that is, by applying the ratio 01 the Innual interesl rale over a year 01360
days, multiplied by the outstanding principal balance, multiplied by the actual number 01 days the principal balance is outstanding. Borrower will pay
Lender at Lender's address shown ebove or at such other place as Lender may designate In writing. Unless otherwise agreed or required by
applicable law, peyments will be applied firsllo accrued unpaid Interest, then to principal, and any remaining amount 10 any unpaid collection costs
and lata clllrges.
PREPAYMENT PENAl TV. Upon prepeymenl of Ihls Nole, Lender Is enalled 10 lhe IoIlowlng prepeymenl penllty: On eny business cIsy, upon
peymenl 01 a1leccrued unpeld inleresl on this Nole end upon live (5) business dey's prlor wrlllen nollce 10 Lender, lhe Borrower mey prepey
all or pari oIlhe outstanding principal 01 this Nole; provided, however, Ihal the Borrower, where nol prohlblled by 18w, llso _I pey to
Lender I Prepeymenl Premium.
"Prepeymenl Premium" meens en amounl equal 10 lhe presenl vllue, " poslllve, 01 the producl 01 (a) lhe dlllerence between ~) Ihe yield, on
lhe dale ollhls Nola, 01 a U, S. Treasury obllgallon with en amounl end malurlty elmllar 10 Ihls Nole minus (II) Ihe ylald, on lhe prapeymenl
dlle, of a U, S. Treasury obllgallon with en amounl elmHar to the principal prepeymenl end malurlly elmllar 10 the remaining maturity 01 this
Nole, limes (b) lhe principal amounllo be prepaid limes lc) the number 01 yea"" Includlngfracllonal yeara from the prepeymenl date 10 the
maturity dale Of this Nola. The yield on any U. S. Treasury obligation _I be delermlned by referenea 10 Feda'" Reserve Stallsllcal Release
H.15(51t) "Selecled Inleresl Rales". For purposes Of making presenl vllue calculations, lhe yield 10 malurlty 01 a elmll.. maturity U.S.
Treasury obllgallon on Ihe prepaymenl dale """" be deemed the dlscounl rste, The Prepaymenl Premium ahlll llso apply 10 any peyments
mede aner eccelerallon 01 malurlty 01 this Noll.. Except lor lhe foregoing, Borrower may pay all or a portion 01 the amount owed earlier than n is
due. Earty payments will not, unless agreed 10 by Lender In writing, relie... Borrower 01 Borrower's obligation to continua to make payments under the
payment schedule, Rather, lhey will reduce tho principal balance due and may resuti in Borrower making fewer payments,
DEFAl1.T, Borrower will be in default W any 01 the following heppens: (a) Borrower falls to make any paymenl when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower falls to comply with or to perform when due any other term, obligation, co...nanl, or condition
contained In this Nole or any agreemenl related 10 this Nota, or In any other agreement or loan Borrower has with Lender. (c) Any representation or
statamenl mada or furnished 10 Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at lhe time
mede or furnished. (d) Borrower dies or becomes Insolvent, a recei.... is appointed lor any part of Borrower's property, Borrower makes an
assignment for the benefit of creditors. or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency
laws. (e) Any creditor tries to take any 01 Borrower's property on or In which Lender has a lien or security interest. This Includes a garnishment of any
of Borrowe~s accounts with Lender. (I) Any 01 tha e...nts described in this default section occurs wilh respect 10 any guarantor 01 Ihis Note. (gl A
malariaJ Idverse change occurs In Borrower's financial condition, or Lender believes the prospect 01 payment or performance 01 the Indebtedness is
Impaired.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as llIQulred by applicable law, declare lhe entire unpaid principal balance on
this Note and all accrued unpaid Interest immediately due, and lhen Borr~ will pay that amount. Upon default, including fallure 10 pay upon final
maturity, Lender, al Its option. may aIso,lI permitted under applicable law, Increase the Interest rata on this Nota 5.000 percentage points, The In_
rata will not exceed the maximum rale permlltad by applicable law. Lender may hire or pay someone else 10 help colleclthis Note W Borrower does nol
pay. Borrower elso wll pay Lender that amount. ThIs Includes, subject to any limits under applicable law, Lender's anorneyS' fees and Lender's IegaJ
expenses whether or nol thera is a Iawsun, Including anorneys' fees and IegaJ expenses lor bankruptcy proceedings (Including eIIorts to modily or
vacata any automatic stay or injunction), appeals, and any anliclpated post-judgment coIlec1ion services. If not prohibited by applicable law, Borrower
also will PlY any court costs, In addition to all other sums provided by law, If jUdgment is entered In connection with this Note, Interest will continue 10
accrue on this Nole after judgment at the existing interest rale provided lor In this Note. TIlls Nole has been delivered to Lender end eccepled by
Lender In Ihe Commonwealth 01 Penneylvenla. II there Ia a lawsuit, Borrower agrees upon Lender's requealto submit 10 the Jurlsdlctlon of the
courta 01 CUMBERLAND Counly, the Commonwealth 01 Pennaylvanla. Lender and Borrower hereby wllve the rtghlto any JUry IrIaIln my
acllon, proceeding, or counlerclalm broughl by either Lendar or Borrower agalnst the other, TIlls Nole ahlll be governed by end conslrued In
accordence with lhe laws 01 the Commonweallll 01 Pennsylvania.
RIGHT OF SETOFF, Borrower grants 10 Lender a conlraclual possessory security Interesl In. and hereby assigns, conveys, delivers, pledges, and
transfers 10 Lender a" Borrower's right,. tille and Interesl In and 10, Borrower's accounts wilh Lender (whether checking, savings, or some other
account), Including wilhoutlimilation all accounts held jointly with someone else and all accounts Borrower may open in the luture, excluding however
all IRA and Keogh accounts, and alltrusl accounts lor which the grant 01 a security Interesl would be prohibited by law. Borrower authorizlls Lender, to
the extanl permilled by applicable law, to charge or seloff all sums owing on this Nole agalnstany and all such accounts.
COLLATERAl. This Note is secured by, In addition to any other coIlaleral, a Mortgege deted July 26, 1996, to Lender on real property located In
CUMBERLAND County, Commonwealth 01 Pennsylvania, all the terms Ind conditions 01 which Ire hereby Incorporated Ind made a perf 01 Ihis Nota.
;.:::- )( I (IT I
'--
07-26-1996
L.oan NO
PROMISSORY NOTE
(Continued)
Page 2
GENERAl. PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any
other parson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice Of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly slated in writing, no party who signs this Note, whether as maker,
guarantor, eccommodetion maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party or guarantor or collaleral; or Impair, fail to realize upon or perfect Lender's securily interest in the
collateral; and lake any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan wlIhout the consent 01 or notice 10 anyone olher than the party with whom the modillcation is made. If any portion of this Note is
for any reason determined to be unenforceable. it will nol affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FlLEO, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST
BORROWER FOR THE ENTIRE PRINCIPAL BAlANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER'RELATlNG TO ANY COLLATERAl SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH
AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL
BAlANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($SOO) ON WHICH
JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS
NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT
AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTlNUE FROM TIME TO TIME AND
AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER
MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUOGMENT AND STATES THAT EITHER A
REPRESENTATIVE OF LENOER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR
BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAl COUNSEL.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOO ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO
THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE.
~
gl~l{@~;fj
Fixed Rate, Balloon.
LASER PRO, Reg. U.S. Pal. & T.M. Off., Ver. 3.21 (c) 19ge OFI ProServlces, Inc. Allrlghtsresllrved.IPA-D20 SOBH1NTO.LN C28.0VLJ
40- -.:." - '~'D :.)-
PROMISSORY NOTE
, /
i _
-
;!-
. Principal . loan Date Mat!lrity .... '..loan No ..
$10000.00 . 02"';1i~'998 02"';17"'1999
References in the shaded area are for Lender's use ani and do not limit the applicability of this document to any particular loan or item.
Collateral "Account
....:l76 <': .......::..OOtOO6674:.N
Borrower: STEVEN S. HINTON (SSN: 515-0'12-2982)
db8: VILLAGE FARM MARKET LANDSCAPING
(TIN: 515822982)
54 FAIRFIELD STREET
CARLISLE, PA 17013
Lender: PNC BANK, NATIONAL ASSOCIATION
4242 CARLISLE PIKE
CAMP HILL, PA 17001-8874
Principal Amount: $10,000,00 Initial Rate: 11.500% Date of Note: February 17, 1998
PROMISE TO PAY. STEVEN S. HINTON ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawtul
money at the United States of America, the principal amount ot Ten Thousand & 00/100 Dollars ($10,000.00) or SO much 85 may be outstanding,
together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each
advance until repayment of each advance.
PAYMENT. Borrower will pay this loan In accordance with the following payment schedule:
Borrower will pay regular monthly payments of accrued Interest beginning on the first day of the BIlling Cycle alter the
Initial advance, and all subsequent Interest payments are due on the same day of each month after that. Borrower will pay
this loan In one payment of all outstanding principal plus all accrued Interest on the expiration Date. Borrower may borrow,
repay and reborrow hereunder until the expiration Date, subject to the terms and conditions of this Note. The "expiration
Date" shall mean FEBRUARY 17, 1999, or such later date as may be designated by written notice from Lender to Borrower
but In no event after the tenth anniversary of the date of this Note. Borrower acknowledges and agrees that In no event
will Lender be under any obligation to extend or renew the loan or this Note beyond the Initial expiration Date. In no event
shall the aggregate unpaid principal amount of advances under this Note exceed the face amount of this Note.
Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless 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 Nole is subject to change from time to time based on changes in an independent index which
is the highest Prime Rate as published in the "Money Rates" section of The Wall Street Journal (the "Indexj. The Index is nol necessarily the lowest
rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice
to Borrower. Lender will teU 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 mora often than each month. The Index for a Billing Cycle is determined on the first day of
that cycle based on the Index for the last day of the preceding calendar month which is reported. Interest on this Note is computed on the basis of a
year of 366/365 days, by applying the ratio of the annual interest rate on tns first day of the Billing Cycle over a year of 366/365 days to obtain a daily
periodic rate, multiplied by the average daily balance during the Billing Cycle, multiplied by the number of days in the Billing Cycle. Billing Cycle means
the monthly interval between regular periodic statements. 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 3.000 percentage points over the Index, resulting In an Initial rate of 11.500% per annum.
NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed 10
by Lender in writing, 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 payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment
or $100.00, whichever Is less.
DEFAULT. 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 10 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 Ihis Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or
statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or al the time
made or furnished. (d) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an
assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency
laws. (e) Any creditor lries to lake any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment ot any
of Borrower's accounts with Lender. (f) Any of the events described In this default section occurs with respect 10 any guarantor of Ihis Note. (g) A
material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is
impaired.
LENDER'S RIGHTS. Upon default, Lender may, atter giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final
maturity, Lender, at its option, may also, if permitled under applicable law, increase the variable interest rate on this Note to 8.000 percentage points
over Ihe Index. The interest rate will not exceed the maximum rate permitled by applicable law. Lender may hire or pay someone else to help collect
this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's
atlorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including atlorneys' fees and legal expenses for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If 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 in 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 judgment is entered.
This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees
upon Lender's request to submit to the Jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. Lender and
Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the
other. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvanta.
RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and
transfers to lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other
account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however
all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to
the extent permitled by applicable law, to charge or setoff all sums owing on thA Note against any and all such accounts.
CY"t::f"
02~17-1998
Loan No
PROMISSORY NOTE
(Continued)
Page 2.
provided in this paragraph. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office
shown above. The following party or parties are authorized as provided in this paragraph to request advances under the line of credit until Lender
receives from Borrower at Lender's address shown above written notice of revocation of their authority: STEVEN S. HINTON. Borrower may obtain
advances from time to time by writing checks In amounts of not less Ih8n $100.00 or by using other methods which Lender may permit and
may continue to obtain advances until this loan Is terminated. Lender agrees to pay checks, so long as they do not cause the principal
balance to exceed the face amount of this Note, which are dated, drawn and issued by Borrower on or prior to the Expiration Date and
received by Lender on or prior to the Expiration Date or within five business days after the Expiration Date, except as provided In the next
sentence. Lender has no obligation to pay any check dated, drawn or Issued by Borrower or received by Lender during any period when
Lender is not obligated to advance funds under this Note. Borrower agrees to be liable for all sums either: (a) advanced in accordance with the
instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at
any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. Lender will have no
obligation to advance funds under this Note if: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower
or any guarantor has with Lender, including any agreement made in connection with Ihe signing of this Note; (b) Borrower or any guarantor ceases
dOIng business or ;s insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note
or any other loan with Lender; or (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender.
FEES. If applicable, at closing, Borrower will pay to Lender a fee in the amount of up to two percent (2%) of the maximum principal amount of this
Nole. An annual renewal fee in the amount of up to two percent (2%) of the maximum principal amount of this Note may also be charged if this Note is
renewed beyond the current Expiration Date in Lender's discretion.
FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information concerning Borrower that Lender
may request from time to time, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted
accounting principles) and federal income tax returns.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any
other person who signs, guarantees or endorses this Note, to the extent allowed by taw, waive presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker.
guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the
collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Note is
for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST
BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH
AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL
BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH
JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS
NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT
AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND
AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER
MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR
HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A
REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR
BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED
COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
-- ~
X }:/;:/;-():;2 I:; I ."
STevEN S:HINTON
tSEAl.1
Variable Rate. Line of Credit.
LASER PRO. Reg. U.S. Pat. & T.M. Off., Ver. 3.24a (c) 1998 CFI ProServices, Inc. All rights reserved. [PA-D20 E3.24 LP33371 O.LN G21.0VLI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff )
)
vs. )
)
STEVEN S. HINTON d/b/a )
VILLAGE FARM MARKET LANDSCAPING,)
)
)
Defendant )
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15265
and that the last known address of Defendant is:
1550 B. Mount Holly Pike
Carlisle, PA 17103
~ em
,
By \ G~,-- 0 G", ~'"
Donna . Donaher, Esquire
Attorney for PNC Bank,
National Association
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.
U G\fy~\ "'-- ~ I{\.Gv\,,-Q/"--
Donna M. Donaher, Esq.
Attorney for PNC Bank, National Association
BAN K.-FI :155474-1 999999-999999
VERIFICATION
The undersigned, Thomas Wittman, hereby verifies the statements of fact contained in the
attached Complaint in Confession of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.SA 34904 relating to unswom falsification to authorities.
Date:
'1 \ IG I b \
~
By:~
..---:- Thomas Wittman
Assistant V.P. and Recovery Manager
BF122415.1
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:
Pennsvlvania Rule of Civil Procedure 2959 - Strikina Off Judament,
(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.
(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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff )
)
vs. )
)
STEVEN S. HINTON d/b/a )
VILLAGE FARM MARKET LANDSCAPING,)
)
)
Defendant )
TO: Steven Hinton d/b/a Village Farm Market Landscaping, Defendant
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on , 2001, 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 $34,764.92, plus costs.
Prothonotary, Cumberland County
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO.
vs.
STEVEN S. HINTON, d/b/a
VILLAGE FARM MARKET LANDSCAPING,
Defendant.
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. )
)
STEVEN S. HINTON, d/b/a )
VILLAGE FARM MARKET LANDSCAPING, )
)
Defendant. )
CIVIL DIVISION
NO.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF ALLEGHENY )
I, DONNA M. DONAHER, 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.
.~ \
"-----J l'0"....L.'-.. ~,.... C0'-...V \
Donna M. Donaher, Esquire
Counsel for PNC Bank, National Association
SWorn to and s.lfbscribed
before me this &th day
Of~~1.
Notarial Seal
Kelly J. Mlzak, Notary Public
CJtv of Pltlsburgh, Allegheny County
My Commission 'Expires May 23, 2005
Member, Pennsylv8n1aAssoclatlOnol_
8F155521.1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
v. )
)
STEPHEN S. HINTON d/b/a )
VILLAGE FARM MARKET LANDSCAPING, )
)
Defendant. )
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 01-4909 Civil Term
CERTIFICATE OF SERVICE
UNDER RULE 29581
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
v. )
)
STEPHEN S. HINTON d/b/a )
VILLAGE FARM MARKET LANDSCAPINT, )
)
Defendant. )
No. 01-4909 Civil Term
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 Defendant on August 25, 2001, by certified mail, at the
following address:
1550 B. Mount Holly Pike
Carlise, PA 17103
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached hereto.
TUCKER ARENSBERG, P.C.
By ~C~ -~C(\.~
Donna . Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BANKJI:157903-1000011-101117
- TUCKER. ARENSBER.C, PC.
/~"'" ;,.
~~
CELEBRATING A CENTUR.Y OF SER.VICE
Donna M. Donaher 412-594-5533
ddonaher@tuckerlaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
No. 01-4909 Civil Term
vs,
STEVEN S. HINTON, d/b/a
VILLAGE FARM MARKET LANDSCAPING,
Defendant.
Notice Under Rule 2958,1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To: Steven S, Hinton, d/b/a
Village Farm Market Landscaping
1550 B. Mount Holly Pike
Carlise, PA 17103
A judgment in the amount of $34,764.99 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 FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
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.
1500 ONE PPG PLACE PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area . Harrisburg
E-mail: tapc@tuckerlaw.com
www.tuckerlaw.com
.
1UCKER.AR.ENSBER.C, P.c.
,AI'/'/'
\ I't/-t.r ,~'
CELEBRATING ,\ CE~TUflY Of SERVICE
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
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
c-- ./1 I ~ ~";it'
" . ..1 I, j
~;7H.~Jt [, 'l If ',lZ- /tdjt.f-
Donna M. Donaher '
1500 One PPG Place
Pittsburgh, PA 15222
(412) 594-5533
BF157281.1
. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name 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:
S+..>I-U'l S. \tin+lin dJ bilL.
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o Agent
o Addressee
ddress different from item 1? 0 Yes
1(NO
3. Service Type
o Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
1000 \ 10 OOI~ '1+39 .:28501-
PS Form 3811 . July 1999 Domestic Return Receipt
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Form DIS-70(Official Form 18)
(9/97)
In Re:
HINTON, STEVE S
1526 HOLLY PIKE
CARLISLE, PA 17013
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
)
)
)
) Case Number: 01-06252RJW-1
~ :20 OJ - tf 9 ti9
)
)
) Chapter: 7
)
)
)
Debtor )
)
)
)
)
)
)
HINTON, KELLY P
AKA HOSTETTER, KELLY P
1526 HOllY PIKE
CARLISLE, PA 17013
Social Security No(s).:
Debtor: 515-82-2982
Joint: 262-75-7017
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
@
/
The debtor is granted a discharge under section 727 of title 11, United States
Code, (the Bankruptcy Code).
Dated: June 28,2002
Robert J. Woodside
Chief United States Bankruptcy Judge
SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION
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