HomeMy WebLinkAbout01-5021Benjamin F. Riggs, Jr.
Counsel
RO. Box 1711, Harrisburg, PA 17105-1711
(717) 815-4518 Fax (717) 852-7936
IN THE COURT OF COMMON PLEAS OF cuMBERLAND C ON-TY,
PENNSYLVANIA
ClVlL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
Confession of Judgment
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of Attorney, a copy of
which is attached hereto, I appear for the above Defendants and confess
judgment in favor of the Plaintiff and against the Defendant, as follows:
Principal Balance
Interest through 8-24-01
Late Charges
Reasonable Attorneys Fees (10%)
$21,077.43
$ 584.88
$ 356.98
$ 2,107.75
To~l
$24,127.04
Judgment entered as above.
By'
Benjami~ F. Riggs,gSr.rJ
Attorney for Plaintiff
235 North Second Street
P.O. Box 1711
Harrisburg, PA 17105
Phone: (717) 815-4518
I.D. No. 72030
Benjamin F. Riggs, Jr.
Counsel
P.O. Box 1711, Harrisburg, PA 17105-1711
(717) 815-4518 Fax ('/17) 852-7936
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ClVIL ACTION
WAYPOINT BANK
F/K/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
Confession of Judgment
COMPLAINT
AND NOW, to wit, this o~ '7 ~ day of August, 2001, comes Waypoint
Bank, Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this
Complaint upon a cause of action whereof the following is a statement:
1. The Plaintiff is Waypoint Bank, a corporation organized and existing
under the laws of the United States of America, and it is registered to do
business in Pennsylvania, with offices for the purpose of doing business at 235
North Second Street, Harrisburg, Pennsylvania.
2. The Defendant, Hoop-Net Tour Productions, Inc., a Pennsylvania
business corporation whose principal address is 250 Oak Grove Court,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. That attached hereto and incorporated herein by reference thereto
is a copy of the original instrument executed by the Defendant authorizing
confession of judgment (Promissory Note dated April 8, 1999).
5.
a "consumer credit transaction" in
Chapter 2950, Rule 2951(a)(2).
The attached instrument has not been assigned.
That the judgment to be entered does not involve a loan defined as
accordance with Annex A. to Title 231,
6. That judgment has not been entered on the attached instrument in
any jurisdiction.
7. The attached instrument provides for confession of judgment
against the Defendant, at the Plaintiff's option. Plaintiff has exercised its option to
confess judgment pursuant to the terms of the instrument for an amount which
the Defendant may become liable.
8. As a consequence of the foregoing, the Defendant is liable to the
Plaintiff as follows, as of August 24, 2001:
$21,077.43
$ 584.88
$ 356.98
$ 2,107.75
PrincipaI Balance
Interestthrough 8-24-01
Late Cha~es
Reasonable Attorneys Fees(10%)
Total $24,127.04
WHEREFORE, Plaintiff Waypoint Bank demands judgment against the
Defendant in the total sum as authorized by the Warrant appearing in the
attached instrument.
By:
BenjaminlF. Riggs,
Attorney for Plaintiff
235 North Second Street
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
HARRIS®
SAVINGSSANK
PROMISSORY NOTE
References in the shaded area are for Lender's usa only and do not limit the applicabilib/of this document to an:/particular loan or item.
Borrower: Hoop-Net Tour Productions, Inc. Lender: Harris Savings Sank
255 Oat( Grove Court 234 N. Second Street
Mechenlcaburg, PA 17055 P O Box 1711
Harrisburg, PA 17105
Principal Amount: $40,000.50 Initial Rate: 9.250% Date of Note: April 8, 1999
PROMISE TO PAY. Hoop-Net Tour Productions, Inc. ("Borrower") promlass to pay to Harris Savings Bank ("Lender"), or order, In lawful
money of the Unlfod States of America, the principal amount of Forty Thousand & 00/100 Dollars ($40,000.00), together with interest on the
unpaid prlnelpaJ balance from April 8, 1999, until paid In full.
PAYMENT. Subject to any payment changes recultlng from changes In the Index, Borrower will pay thta lean In 47 principal payments of
$833.33 each and one final principal an,~ Interest payment of $840.13. Borrower's first prtnclpal payment Is due May 1, 1999, and all
subsequent prtnstpal payments are due on the same day of each month after that. In addition, Borrower will pay regular monthly payments of
all accrued unpaid Interest glue as of each payment date. Borrower's first Interest payment Is due May 1, 1999, and all subsequent Interest
payments are due on the same day of each month after that. Borrower's final payment due Aprg 1, 2003, will be for all principal and accrued
Interest not yet paid. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate
over a yeer of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding.
Borrower will pay Lender st 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 Note is subject to change from time to time based on changes in an index which is Lender's
Pdme Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers.
This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rata upon Borrower's
request. Borrower understands that Lender may make loans based on other rates as wall The interest rate change will not occur more often than
each Day. The Inglex currently Is 7.750% per annum. The Interest rate to be applied to the unpaid principal balance of thta Note will be at a
rate of 1.s00 percentage polnfu over the Index, resulting In an Inlllal rate of 9.250% per annum. NOTICE: Under no cimumstances will the interest
rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay all or a portion of the amount owed earlier than it is due. Lady payments will not, unless agreed to by Lender in
wdting, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal
balance due and may result in Borrower making fewer payments.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whlcbever
Is greater.
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 to Lender, or Borrower faits to comply with or to perform when due any other term, obligation, covenant, or condition
contained in this Note or any agreement ralsted to this 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 matedal respect either now or at the time
made or furnished. (d) Borrower becomes insolvent, a receiver is sppointad 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 taws. (e) Any
creditor thas to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's
accounts with Lender. (1) Any guarantor dies or any of the other events described in this default section occurs with respect to any guarantor of this
Note. (g) A marshal adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the
indebtedness is impaired. (h) 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 Note
within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from
Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days,
immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all
reasonable and necessary steps sufficient to produce compliance es soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, deciera 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 permitted under applicable law, increase the vedsble interest rate on this Note to 3.500 percentage points
over the index. The interest rate will not exceed the maximum rate permitted 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
attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' 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 sarvlsas. If not
prohibited by appllcebie law, Borrower also will pay any court costs, in addition to ali 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 jurtedlctJon of the courts of Dauphin County, the Commonwealth of Pennsylvania. This Note shall be
governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania.
RIGHT OF SE-TOFF. Borrower grants to Lender a contractual secunty interest in, and hereby assigns, conveys, delivers, pledges, and transfers to
Lender all Borrower's dght, 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
permitted by applicable law, to charge or satoff all sums owing on this Note against any and all such accounts.
04-08-1999 PRONIISSORY NOTE Page 2
Loan No 8876000791 (Continued)
COLLATERAL. This Note is secured by a Modgage dated April 8, 1999, to Lender on real property located in Yo~k County, Commonwealth of
Pennsylvania, a Mortgage dated April 8, 1999, to Lender on real property located in Cumberiand County, Commonwealth of Pennsylvania, and a
Morlgaga dated April 8, 1999, to Lender on rasl properly located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions
of which ere hereby incorporated and made a part of this Note.
~ECURITY. All cotiateral (as herein defined) is security for this Note and any renewals, extensions and modifioaflons thereof, and the payment,
performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, Joint, several, direct,
contingent or ofhenvise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender undor this Note or under any other
agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to Lender. The term "Coliateral" includes all
tangible and Intangible properly (i) described in any mortgage, assignment or any other secudty document separately executed in favor of Lender
pursuant to this Note, and (ii) in which a security interest has been granted to Lender pursuant to this Note.
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 andorsas 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 stated in writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endomer, shall be released from liability. All such parties agree that Lender may renew or extend (repasfadty and
for any length of time) this loan, or retease any party or guarantor or collefaral; or impair, fail to realize upon or perfect Lender's security interest in the
coliateral; and fake 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 dafarmlned to be unenforceable, it will not affect the enforceability of any other previsions of this Note.
CONFE~ION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'TI'ORNEY 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 URTIL 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 JUOGMERT, 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. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR
EN'tERED PURSUANT TO THE FOREGOIN(~ AUTHORITY SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS
THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND
PRO'~ECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING
AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH
RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL
PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMn"II'~D TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL
PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND
PRO'rECTION LAW AND RULES 2981 TO 2g~6 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES
AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING
SENTENCE SHALL APPt. Y WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR
ENTER JUDGMENT.
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:
~.' :i::.:i:,:~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
LASER PRO, Reg. U.S. Pat. & T.M. Off., Var. 3.261~ (c) 1999 CFI ProSerVices, Inc. All rights reserved. [PA-D20 HOOP.LN C2.OVL]
DISclOSURE FOR CONFESSION OF JUDGM~_
I Ref~ceMn the shaded area are for Lender's use only aad do not limit ~he applicability of this document to ~ p~ml~ I~ ~ i~. I
Borrower: Hoop-Net Tour Productions, Inc. Lender:
250 Oak Grove Court
Meehanicsburg, Pa. 17055
Harris Savings Bank
234 N. Second Sweet
P.O. Box 1711
Harrisburg, PA 17105
DISCLOSURE FOR CONFESSION OF JUDGMENT
THE UNDERSIGNED IS EXECUTING, THIS EIGHTH DAY OF APRIL~ 1999, A PROMISSORY NOTE FOR $40,000.00 OBLIHAT1NG THE
BORROWER TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUIXiMENT PROVISION THAT WOULD PERMIT LENDER TO
ENTER JUIXiMENT AGAINST THE CORPORATION IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE
TO THE CORPORATION AND WITHOUT OFFERING THE CORPORATION AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY
OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE CORPORATION'S RIGHTS TO ADVANCE NOTICE
AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CI~.IMS THAT LENDER MAY ASSERT
AGAINST THE CORPORATION UNDER THE NOTE, I, IN BEHALF OF THE CORPORATION, AM KNOWINGLY, INTELLIGENTLY,
AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,
AND 1 EXPRF~y AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THE CORPORATION BY
CONFESSIO~OVIDED FOR 1N THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: .
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST THE
CORPORATION WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE
ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE
JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE
CORPORATION'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE
NOTICE TO THE CORPORATION UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE
NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND
BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWI~LY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,
AND I EXPRESSLY AGREE AND CONSENT TO LENDE CUTING ON THE JUDGMENT, IN ANy MANNER PERMITTED BY
APPLICABLE STATE AND FEDERAL LAW. INITIALS:
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING
MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE
NOTE TO MY ATTENTION.
D. I CERTIFY THAT THE CORPORATION'S ANNUAL INCOME EXCEEDS $10,000.00; THAT THE BLANKS IN THIS DISCLOSURE
WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
AFFIANT:
Charles L. Noel, President
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information, and belief. I further verify that I
am a Vice President of WAYPOINT BANK, and that as such, I am authorized to
make this Verification on its behalf. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date:
I-T~rl/y M./~mrn~man~
Senior Vice P~l~ft
Benjamin F. Riggs, Jr.
Counsel
P.O. Box 1711, Harrisburg, PA 17105-1711
(717) 815-4518 Fax (717) 852-7936
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ClVIL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
Commonwealth of Pennsylvania
County of York
Confession of Judgment
Before me, a Notary Public for York County, Pennsylvania, personally
appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled
case, who being duly sworn or affirmed according to law deposes and says, that
the Defendant above named is not in the military service of the United States of
America, that he has personal knowledge that the said Defendant Hoop-Net Tour
Productions, Inc.'s, last-known address is 250 Oak Grove Court, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
Sworn and subscribed before
me this,,~--day of August,
2001
Notary Public
My Commission expires:
Notarbd Seal
~andra M. Aulbaeh, Notmy Public
City of York, York County
I My Commission Expires May 23, 2005
Benjamin Ft.
Attorney for Plaintiff
I.D. No. 72030
Benjamin F. Riggs, Jr.
Counsel
P.O. Box 1711, Harrisburg, PA 17105-1711
(717) 815-4518 Fax (717~) 852-7936
IN I M~- ~UUI~f OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ClVlL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
Confession of Judgment
OFFICE OF THE PROTHONOTARY
OF YORK COUNTY
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise mailing address of the Plaintiff is:
P. O. Box t711, Harrisburg, Pennsylvania t7105-1711
I hereby certify that the precise mailing address of the Defendant, Hoop-Net Tour
Productions, Inc. is:
250 Oak Grove Court, Mechanicsburg, Pennsylvania 17055
By:
Attorney for Plaintiff
235 North Second Street
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
Benjamin F. Riggs, Jr.
Counsel
P.O. Box 1711, Harrisburg, PA 17105-1711
(717) 815-4518 F~52-7936
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ClVlL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
Confession of Judgment
NOTICE OF DEFENDANT'S RIGHTS
TO:
Hoop-Net Tour Productions, Inc.
250 Oak Grove court
Mechanicsburg, PA 17055
A judgment in the amount of $24,127.04 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 your. 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 T A JUDGE WITHIN
THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED
ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYEER AT ONCE. IF
YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ClVlL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
No.
Confession of Judgment
CERTIFICATE OF SERVICE
AND NOW, to wit, this ,D -7 ~ day of August, 2001, I, Benjamin F.
Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second
Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct
copy of the Notice of Defendant's Rights filed in the above captioned matter by
certified, first class mail, return receipt requested, as well as first class mail,
postage prepaid, on the Defendant, on the ~>o-7 ~/- day of August, 2001, as
follows:
Hoop-Net Tour Productions, Inc.
250 Oak Grove Court
Mechanicsburg, PA 17055
By: Benjamin/F. 'g~',4~.
Attorney for Plaintiff
235 North Second Street
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
Benjamin F. Riggs, Jr.
Counsel
P.O. Box 1711, Harrisburg, PA 17'105-1711
(717) 815-4518 F~52-7936
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS,
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
Confession of Judgment
NOTICE OF FILING JUDGMENT
()
()
Notice is hereby given that a judgment in the above-captioned matter
has been entered against you in the amount of $ 24,127.04 on the
~.day of August, 2001.
A copy of all documents filed with the Prothonotary in support of the
within judgment is/are enclosed.
P'~0'~l~o-~ota-ry Civil I~iv.- ~
If you have any questions concerning the above case, please contact the
following party:
Benjamin F. Riggs, Jr. (I.D.#72030)
Attorney for the Plaintiff
235 North Second Street
P. O. Box 1711
Harrisburg, Pennsylvania 17105-1711
Telephone: (717) 815-4518
(This Notice is given in accordance with Pa.R.C.P. 236.)
Notice sent:
Hoop-Net Tour Productions, Inc
250 Oak Grove Court
Mechanicsburg, PA 17055
Caption:
WAYPOINT BANK
F/K/A YORK FEDERAL SAVINGS AND
LOAN ASSOCIATION and HARRIS
SAVINGS BANK
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
( XXX ) Confessed Judgment
Other
File No. 01-5021 Civil Term
VS.
HOOP-NET-TOUR PRODUCTIONS, INC.
Amount Due $24,127.04
Interest through 8-24-01
Attorney's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act of
1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest
and costs, upon the following described property of the defendant(s).
All personal property of Hoop-Net-Tour Productions, Inc., located at Diemler Trucking, 300
Mulberry Drive, Mechanicsburg, Pennsylvania 17055, as set forth below and attached
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as
above, directing attachment against the above-names garnishee(a) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
See attached list
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of
the defendant(s) described in the attached exhibit.
Date: //~/0/ Signature:
Print Name:
Address:
Attorney for
Telephone:
P. O. Box 1711
Harrisburg, PA 17105-1711
Waypoint Sank
(717) 815-4518
Supreme Court ID No. 72030
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ClVlL ACTION
WAYPOINT BANK
FIK/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS,
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
No. ~/* ,~*'~ /
Confession of Judgment
NOTICE OF DEFENDANT'S RIGHTS
TO:
Hoop-Net Tour Productions, Inc.
250 Oak Grove court
Mechanicsburg, PA 17055
A judgment in the amount of $24,127.04 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 your. 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 T A JUDGE WITHIN
THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED
ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEER AT ONCE. If
YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WAYPOINT BANK
F/K/A YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
HOOP-NET-TOUR PRODUCTIONS
INC
Defendant
No. 01- .~,~/
Confession of Judgment
CERTIFICATE OF SERVICE
AND NOW, to wit, this ~ '-/~L_ day of August, 2001, I, Benjamin F.
Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second
Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct
copy of the Notice of Defendant's Rights filed in the above captioned matter by
certified, first class mail, return receipt requested, as well as first class mail,
postage prepaid, on the Defendant, on the ~-7 ~'/'- day of August, 2001, as
follows:
Hoop-Net Tour Productions, Inc.
250 Oak Grove Court
Mechanicsburg, PA 17055
Benjamin/ F. Rig~,'~x~.
Attorney for Plaintiff
235 North Second Street
P.O. Box 1711
Harrisburg, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
(P~lnbeB p.mtuemopug)
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SHERIFF'S RETURN - OUT OF COUNTY
· CASE~NO: 2001-05021 P
COMMON-WEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK ET AL
VS
HOOP-NET-TOUR RODUCTIONS INC
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
HOOP-NET-TOUR PRODUCTIONS INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of FRANKLIN County, Pennsylvania, to
serve the within WRIT OF EXECUTION
On December 27th , 2001 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Franklin Co 24.90
.00
49.90
12/27/2001
WAYPOINT BANK
So answ/s: j~ ~ ~rj
R/. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~.~ day of ~
~2~D ~2.~ A.D.
~ I Prothonot ~r~ ~
SHERIFF'S RETURN - REGULAR
.CAS~ NO: 2001-05021 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WAYPOINT BANK ET AL
VS
HOOP-NET-TOUR RODUCTIONS INC
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF EXECUTION, CONFES was served upon
HOOP-NET-TOUR PRODUCTIONS INC the
DEFENDANT
at 905 ALLENVIEW DRIVE
MECHANICSBURG, PA 17055 by handing to
CHARLES L. NOEL
a true and attested copy of WRIT OF EXECUTION, CONFES together with
OF JUDGEMENT, NOTICE OF DEFENDANT'S RIGHTS
, at 1947:00 HOURS, on the 20th day of December , 2001
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.80
Affidavit .00
Surcharge 10.00
.00
35.80
Sworn and Subscribed to before
me this ~.~ day of
~ ~_~ A.D.
/ ibrothonotary -
So Answers:
R. Thomas Kline
12/27/2001
~n The Court of Common Pleas of Cumberland County, Pennsylvania
Waypoint Bank, et. al.
VS.
Hoop-Net Tour Productions, Inc.
c/o Charles L. No~, president NO. 0]-5021 Civil
]NOW, 12/4/01
., 20__., I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Franklin
County 'to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
NOW,
within
,20
__, at o'clock__
M. served the
upon
at
by handing to
and made lmown to
copy of the original
So answers,
the contents thereofi
Sworn and subscribed before
me this ~ day of ,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
SHERIFF'S RETURN - REGULAR
,CASE,NO: 2001-50210 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
WAYPOINT BANK ET AL
VS
HOOP NET TOUR PRODUCTIONS INC
JOHN RIDGE - DEPUTY , Deputy Sheriff of FPJtNKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGEMENT, was served upon
HOOP NET TOUR PRODUCTIONS INC
the
DEFENDA/~T
at 567 PLEASANT STREET
CHAMBERSBURG, PA 17201
CHARLES NOEL
a true and attested copy of CONFESSION OF JUDGEMENT,
NOTICE OF DEFENDANT'S RIGHTS
, at 0945:00 Hour, on the llth day of December , 2001
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 9.00
Service 9.00
Affidavit 4.00
Surcharge .00
Mileage 2.90
24.90
Sworn and Subscribed to before
me th~/i day of ~3~.
~ Patricia)(. StriDe ~lotary Public ~
~ Chamber~,~r~ m~ ~ nklin Cou~ I
~ ~ C~iss~on ~ .... Nov. 4, ~ ~
So Answers:
DepUty Sheriff V
12/11/2oo -
CUMBERLANU COUNTY SHERIFF
R. Thomas Kline, who being duly sworn accdrding to law, states that a Sheriff's Sale of personal
property was held on February 15, 2002, at which time one Great Dane Trailer, GVRW 50,000,
Vin. No. 1GRAA9029LB065001, Reg. No. XG-53164 and its contents were sold to Lorin and
Sandra Stough, for the sum of $13, 261.02, it being the highest bid and best price quoted for the
same. Date and Time of Sale, Friday February 15, 2002 at 11:00 A.M.E.D.S.T., at, 300
Mulberry Drive, Mechanicsburg, Pennsylvania 17055. This writ is remmed STAYED, as per
instructions fi:om attorney.
Sheriffs Costs:
Docketing $ 18.00
Poundage 260.02
Advertising 10.00
Law Library .50
Prothonotary 1.00
Milage 12.42
Surcharge 20.00
Levy 20.00
341.94
Advance Costs: 341.94
Sheriffs Costs: 341.94
000.00
Refunded to Attorney on 3/4/02
Sworn and Subscribed to before me
this !tS~'~- day ~
2002 A.D. C L,L
PROTHONOTARY
So Am~a~rs:~
%~fRIT OF EXECUTION and/or ATTACHMENT
COMMOI~WL~L~H OF PENNSYLVANIA)
COUNTY OF CUMBERLAND) NO. _
'TO THE SHERIFF OF _ Cumberland
TO satisfy the debt, inlerest and costs due
Association and Harris Savings Bank
trom Hoo__p_~_Net-Tour Productions, Inc.
01-5021 CIVIL 19_
CIVIL ACTION - LAW
COUNTY:
Waypoint Bank F/K/A Federal Savings ~nd Loan
· PLAINTIFF(S)
_DEFENDANT(S)
(1) You aredirectedtolevyuponthepropeflyo;thedefendant(s) andtosell All personal
ro err of Hoo -Net-Tour Productions, Inc., located at Diemler Trucking, 300 Mulberry
Drive, Mechanicsburg_~ Penns~__lvania 17055, as set forth below and attached
(2) You are also directedto aEachthe pr°pefly°fthedefendant(s) notlevieduponinthepossessionof
See attached list
_GARNISHEE(S) as follows:
and to notify the garnishee(s) thai: (a) an attachment has been issued; (b) the gamishee(s) is/are enjoined from paying any
debt Io or for the account of lhe defendant(s) and from delivering any properly of the defendant(s) or othen~ise disposing
thereof;
(3) If Pmperlyof the defendant(s) not levied upon an subjecl to attachment is found in lhe poSsession of anyoneolher
than a named gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
staled.
Amounl Due $24. 127, 04 L,L. $. 50
Interest through 8-24-01
Due Prothy $1.00
Atty's Corem % Othe~ Costs
Ally Paid $32.50
Plaintiff Paid
Date: November 14, 2001
REQUESTING PARTY:
Benjamin F__Riggs, Jr.~Esq.
---~%~S~u~q~_ PA_i 7105~1__7_11.
W~ypoint Bar~
(717) 8]5-45]8
7?n~N
Name
Address:
Attorney for: _
Telephone:
Supreme Courl ID No.
Civil Division
by: ~
Deputy
SCHEDULE OF DISTRIBUTION
Date Filed: February 20, 2002
Writ No. 2001-5021 Civil Term
WAYPOINT BANK, F/K/A Federal Savings & Loan Association and Harris Savings
Bank
VS
Hoop-Net-Tour Productions, Inc.
Date of Sale: February 15, 2002
Bid Price: $13,001.00
Real Debt
Interest
Attorney Writ Cost
Attorney's Commission
$ 24,127.04
32.50
Total
Distribution
Total Collected
Sheriff's Costs
Credit Writ No. 2001-5021 Civil with
$ 24,159.54
$ 13,261.02
$ 341.94
$ 12,919.08
So Ans_wer
R. Thomas Kline
Sheriff
SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2001-5021 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON FRIDAY THE 15TM
OF FEBRUARY 2002 AT 11:00 A.M., THE PROPERTY OF HOOP-NET TOUR
PRODUCTIONS, INC, C/O CHARLES L. NOEL, PRESIDENT, AT, 300 MULBERRY
DRIVE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
GREAT DANE TRAILER
GVWR 50,000
VIN. NO. 1GRAA9029LB065001
REG. NO. XG-53164
PONTIAC BONNEVILLE ,
~__~.~G. NO. DTN136T)~q-~
Vehicle
LARGE TRASH CANS (5)
PORTABLE TENT W/CANAPY
ASSORTED BANNERS
BOXES OF SHIRTS AND SHORTS (APPROX. 10)
LINE PAINT (1 BOX) W/SPRAYER BASKETBALLS (25)
CLIPBOARDS (10) HOOPS W/NETS (26)
can not be sold 2/15/02
PLASTIC LAWN CHAIRS~._. _~__~
~O-H-ORS EPOWER
HOOP STANDS W/BACKBOARDS
MANUFACTURED BY SHUTT SPORTS (30)
-4 X 8 TABLES (7)- -~Owl~r~tOt0 FOUL SHOT "SHOOT-A-WAY" W/NET
VARIOUS HARDWARE FOR BASKETS
MISC. NYLON COME-A-LONG STRAPS
MISC. TABLE SKIRTS
(A)
ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE
OF FIFTY-FIVE DOLLARS ($55.00)
(B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(c)
THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 20TM DAY OF FEBRUARY 2002 NOT LATER THAN FIVE
(5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF HOOP-NET
TOUR PRODUCTIONS, INC., C/O CHARLES NOEL, PRESIDENT, AT, 300
MULBERRY DRIVE, MECHANICSBURG, CUMBERLAND COUNTY,
PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
CUMBERLAND COUNTY
SHERIFF'S OFFICE
CARLISLE, PA 17013
R. Thomas Kline, Sheriff, who being duly sworn according to law, says
that due and legal notice having been given according to law,
he sold one Great Dane Trailer, GVWR 50,000, Vin. No. 1GRAA9029LB065001
Reg. No. XG-53164, and its contents to, Lorin and Sandra Stough,
P.O. Box 429, 5 Meadowview Drive, Dillsburg, PA 17019, for the
sum of $ 13,261.02, it being the highest bid and price quoted
for the same. Date and Time of sale, Friday, February 15, 2002
at 11:00 A.M.E.D.S.T., at 300 Mulberry Drive, Mechanicsburg,
Pennsylvania.
SWORN AND SUBSCRIBED TO BEFORE ME SO AN~SWE~;
--/~ i/ /~ ,-~ '/ / . ~R. THOMAS KLINE, SHERIFF
2002 A_D_ { 'A~,.~l~,~
[ CLAUDIA A. BREWBA~R, NOTARY PUBLIC I
[ Carlisle Boro, Cumberland County
My Commission E~ires April 4, 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
WAYPOINT BANK F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS.
No.: 01-5021 Civil Term
HOOP-NET-TOUR PRODUCTIONS
INC.
Defendants
PRAECIPE TO DISMISS AND SATISFY
Please dismiss and satisfy the judgment that was filed on August 28, 2001
in the amount of $24,127,04 in relation to the above-referenced matter.
Benjam~ggs,U~'t~
Attorney for Plaintiff
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
I.D. No. 72030