HomeMy WebLinkAbout02-2046PNC BANK, NATIONAL ASSOCIATION
Plaintiff
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
:
:
: CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiff and against Defendants as follows:
Principal $ 22,433.97
Other authorized items:
Interest to April 16, 2002
Mortgage Satisfaction Fee
Attorney's Commission
$ 833.64
$ 14.oo
$ 2,326.76
TOTAL
$25,608.37 plus additional
interest, and costs from the
date of the Complaint.
Respectfully submitted,
Date:
SAIDIS, SHU~F, FLOWER RCL"Ip~I~AY
(Suprerhe Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney For Defendants
$35K Note
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of PNC Bank, National
Association, Plaintiff in the above captioned matter.
Date:
7_.,.{-08_,
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Camp Hill, PA 17011
(717) 737-3405
Attorney for Pla'mtiff
$35K Note
'PNC BANK, NATIONAL ASSOCIATION
Plaintiff
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS
A GENERAL PARTNERSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The name and address of the Plaintiff is PNC Bank, National Association, 4242
Carlisle Pike, Camp Hill, Pennsylvania 17011.
2. The names and last known addresses of the Defendants are Tommy L. Bloser and
Steven L. Bloser, t/d/b/a Bloser Brothers, a general partnership, 150 Bamstable Road, Carlisle,
Pennsylvania 17013.
3. Defendants executed and delivered to Plaintiff a Promissory Note dated April 30,
1999 in the original principal amount of Thirty Five Thousand and 00/100 Dollars ($35,000.00)
("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as
Exhibit "A" and made a part hereof.
4. Defendants are in default of Defendants' obligations to make payment to Plaintiff as
required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as
provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a
part hereof.
5.
Judgment ("Disclosure for Confession"), a tree and correct photostatic reproduction of the original
of which is attached hereto as Exhibit "C" and made a part hereof.
$35K Note
Defendants executed and delivered to Plaintiff a Disclosure for Confession of
6. Judgment is not being entered by confession aga'mst a natural person in connection
with a consumer credit transaction.
7. There has not been any assignment of the Note.
8. Judgment has not been entered on the Note in any jurisdiction.
9. The amount due to Plaintiff as a result of Defendants' default is as follows:
a. Principal $22,433.97
b. Interest to'April 16, 2002 $ 833.64
c. Mortgage Satisfaction Fees $ 14.00
d. Attorney's Commission $ 2,326.76
TOTAL $25,608.37
10. Interest continues to accrue at the default rate provided in the Note.
WltEREFORE, Plaintiff, PNC Bank, National Association demands judgment against
Defendants, Tommy L. Bloser and Steven L. Bloser t/d/b/a Bloser Brothers, a general partnership,
as authorized by the warrant of attorney contained in the Note for Twenty-Five Thousand Six
Hundred Eight and 37/100 Dollars ($25,608.37), plus interest from and including the date of this
Complaint and judgment entered hereon at the default rate provided in the Note and costs of suit.
$35K Note
Respectfully submitted,
SAIDIS, SHU/FF, FLOWER & LINDSAY
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
...... PROMISSORY NOTE
ReferenC~ n the shaded~ ~ are for Lender's use On ¥ and do not m t the· app Cab lilY of this document: to any particular loan or item. .
Borrower: SLO~ BROTHERS (TIN: 25-1758013) Lender: PNC BANK, NATIONAL ASSOCIATION
1 S0 BARNSTABLE ROAD 4242 CARLISLE PIKE
CARLISLE, PA 17013 CAMP HILL, PA 17001-8874
Principal Amount: $35,000.00 Initial Rate: 8.750% Date of Note: April 30, 1999
PROMISE TO PAY. BLOSER BROTHERS ("Borrower") promi-~--~ to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawful
money of the United States of America, the principal amount of Thirty Rve Thousand & 00/100 Dollars ($3S,000.00) or so much as may be
outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of
each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan In accordance with the following payment schedule:
Prior to the Converalon Dates intarest only shall be due and payable commencing on May 31, 1999, end COntinuing on the
last day of e~ month th~oafter until the Conversion Date, when all accrued Interest shall be due end pa_y, able, with
Interest-calculated on tho unpaid princ!~ balance at the Index plus one percent (!.o%). From and after the conversion
Date, Principal and Interest shall be due and pnyahle in sixty (60} equal consecutive monthly In~lmento, each in an
amount sufficient ~to fully antprtlze tho OUting balance of this Nofe over five ($) years, commencing on the last day of
the month tollowlng the month In Which the COnversion Dale occurs, with interest calculated on the unpaid principal
balance at Lender's "as offered" fixed Interest rate. Any outatandlng principal end Interest shall be due end payable In full
on the fifth anniversary of the Conversion Date.
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 year 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
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 Note is subject to change from time to tirr~ based on changes in an index which is the Lender's
pdme rate (the "Index"). The index is a rate per annum as publicly announced by Lender from time to time as its prime rate. The prime rata is not tied
to any external rate or index and it does not nsce_-~_rily reflect the lowest rata of interest actually charged by Lender to any particular class or category
of customers. Lender will tall Borrower the current Index rata upon Borrower's request. Borrower understands that Lender may make loans based on
other rates as wail. The interest rata change will not occur more often than each day. The Index currently Is 7.7S0% per annum.~ The Interest rate
to be appltad to the unpaid principal balance of this Note will be at · rate of 1.000 percentage point over the Index, resulting In an Initial rate of
8.750% per annum. NOTICE: Under no cimumstances will the interest rate on this Note be more than the maximum rate allowed by appll~ta law.
PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the foitowlng prepayment penally: On any businL"~___'~ day, upon
payment of all accrued unpaid Interest on this Note, and upon five (5) business day's prior written notice to Lander, the Bon'0wer may prepay
all or part of the outstenlting principal hereunder; provided, however, that if the repayment Is mede during a Fixed Rate Period, the Borrower,
where not prohibited by law, also agrees to pay Lender as compensation for the cost of being prepared to a¢lvence fixed rate funds hereunder
an amount equal to the Cost of Prepayment.
"Cost of Prepayment" means an amount equal to the pr_~_~_.qt value, if positive, of the product of (a) the dlffereoce between (i) the yield, on the
beginning date of the Fixed Rate Period, of aU. S. Tre-"-~-'ry obligation with a maturity similar to the Fixed Rate Period minus (11) the yield on
the prepayment date~ of a U. S. Treesury obllgelton with s maturity similar to the remaining maturity of the Fixed Rate Period, and (b) the
principal amount to be prepaid, end (c) the number of years, InclUding ffsctlonal years, from the prepayment date to the end of the Fixeq Rate
Period. The yield on any U. S. Treasury obitgetiOn shall be determined by reference to Federal Reserve Statistical Release H,15($19) "Selected
Interest Rates". For purposes of making present value calculations, the ytald to maturity of a almiter maturity U. S. Tre,,~_~ry obligation on the
prepayment dale shall he deemed the discount rate. The Cost of Prepayment shall also apply to any payments made after scceleratlon of the
maturity of thta Note while s Fixed Rafo Is In effect.. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is
due. Early payments will not, unless agreed to 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 falls 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 that
may matadaily affect any of Borrower's properly or Borrower's ability to repay this Note or pedorm 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 any
material respect either now or at the time made or furnished. (e) Any parfner dies or any of the padners or Borrower 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. (f) Any creditor tries 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. (g) Any of the events described in this default
section occurs with respect to any general partner of Borrower or any guarantor of this Note. (h) 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, after 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 defautt, including failure to pay upon final
mJ~turity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rets on this Note to 6.000 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 afforneys' fees and legal expenses for bankruptcy proceedings
(including efforts to modily or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, if not
prohibited by applicable law, Borrower also witl pay any court costs, in addition to all other sums provided by taw. Jf judgment is entered in connection
with this Note, interest will continue to accrue on this Note after udgment at the interest rate applicable to this Note at the time judgment is entered.
o4-30.-19S9 PROMISSORY NOTE page
Loan No (Continued)
This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Fe~yivanla. If ;;-,ere Is a ;.-~,~it, Bo.c-wer
agrees upon Lender's request tO submit to the jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvania.
re waive the ri ht to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower
Lender and Borrower he .by .... g r anco with the laws of the Commonwealth of Pennsylvania.
against the other. This Note sua~l ~e governed by and construed In acco d
RIGHT OF SETOFF. Borrower grants to Lender a corrirecfuel secudty interest in, and hereby assigns, conveys, delivers, pledges, and transfers to
Lender all Borrower's right, flue 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 ell 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 setoff all sums owing on this Note against any and all such accounts.
cOLLATERAL. This Note is secured by a Mortgage dated April 30, 1999, fo Lender on real properly located in CUMBERLAND. County,
Co mmonweelth of Pennsylvania, all the terms and condiUons of which are hereby incorporated and made a part of this Note.
LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to
further loan advances. Advances under this Note may be requested orally by Borrower or by an authorized person. Lender may, but need not, require
that all oral requests be confirmed in writing. All communications, instructions, or directions bY telephone or otherwise to Lender are to be directed to
Lender's office shown above. The fotiowing party or parties are authorized to request.advances under the line of credit until Lender receives h'om
dot's address silown above written notice of revocation of th. eir.aut.h, ority: .S'FEV ..ENL.. I~.. DeER and ~.O_M__M~_t~ ?_L.O..?.E~.,.=_B~O~'wOeWre,;
Borrower at Lan ....... :,,. -. .... ,,.-,-,,~o ,~, =,, a-tnorized ~erson or [o) creo~eu [u =,,y u~ =u,,v
agrees to be liable for ell sumS either:. (a)advanoa~ in eccoroancu w,, ~,,~ ,,,.~ .... ~,
accounts with Lender. The unpaid pi, incfpel balance owing on this Note at any time may be evidenced by endomemants on this Note or by Lender's
internal records, including dolly 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 the signing of this NOte; (b) Borrower or any guarantor ceases doing business or is insolvent;, (c) any guarantor seeks, claims or
otherwise attempts to limit, modify or revoke such guarantor's guarentsu 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.
ADDITIONAL INTEREST RATE PROVISION. N/A.
FEES. On the dafe'of this Note, the Borrower shell pay to Lender a fee of $350.00.
YEAR 2000 COMPI..IANCE. Borrower has reviewed the areas within its business and operations which could be adversety affected by, and has
developed or is developing a program to address on a timely basis the risk that certain computer applications used by Borrower may be unable to
recognize end perform properly dafe-sensitive functions invOlving dates prior to and atier December 31, 1999 (the "Year 2{~00 Problem"). The Year
2000 Problem will not result, and is not reasonably expected to result, in any material adverse effect on the business, properties, assets, financial
condition, results of operations or prospects of Borrower, or the ability of Bon'ower to duly and punctually pay or perform its obligations hereunder and
under the Related Documents;
CONVERSION DATE. It is agreed that subject to the terms end conditions of this Note and other loan dccumenis, advances under this Note may be
refluested until October 3% 1999, or until ell the funds are advanced, whichever occurs first. Amounts advanced and repaid may not be reborrowed.
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 er 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, end unless otherwise expressly stated in writing, no party who signs this Note, whether es maker,
guarantor, accommodation maker or endorser, shell be released from liability. Ail such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party, partner, or guarantor or collateral; or impair, fail to realize upon or perfest Lender's security interest
in the collateral; and take any other action deemed necessmy by Lender without the consent of or notice to anyone. Ail 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 cf this
Note is for any reason determined to be unenforceable, it will not affect the enforceabitity 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
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT F LED, 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 SUrf, 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 EXHAU3Y~-D 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 E)(ECUTION OF THE JUDGMENT, AND STATES THAT EITHER A
REPRESENTATIVE OF LENDER SPECIFICALLY CAll FO THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S Al Lt!NTION 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:
sTEVEN L. BLOSER, General Partner
VzrtaDie R&te. Line Of Crecllt.
By T~OS~ G
LASER PRO, Reg. U.S. Pat. & T,M, Qff.. Vet. 3.26b (c) 1999 CFI Proeervic as, Inc. All rigl3t $ Ceserve~l, [PA~D20 BLOSER1 .LN C35,OVI
PNC CAPITAL RECOVERY CORP.
4242 Carlisle Pike
Camp Hill, PA 17011
E-mail: er/c.krimmel~pncbank.com
Eric D. Krimmel
· Vice President
(717) 730-202 Tel
(717) 730-2373 Fax
PNCBANK
March 18, 2002
Bloser Brothers
150 Barnstable Road
Carlisle, PA 17013
Mr. Steven L. Bloser
Mrs. Martina J. Bloser
150 Barnstable Road
Carlisle, PA 17013
Mr. Tommy L. Bloser
Mrs. Cynthia L. Blosor
210 Bamstable Road
Carlisle, PA 17013
Bloser Brothers
Obligor/Obligation No~: 309347~1-601144676 (S40,000 Loan)
30934754-601144802 (S3~,000 Loan)
30934754-601447662 (S26,000 Loan)
Dear Bloser Brothers:
Dear Steven and Martina Blose~.
Dear Tommy and Cynthia Bloser.
As you know, you ar~ obligated to PNC Bank, National Association ("PNC') for the abovc-referunced
loan accounts (the "Loans"), as evidenced by a certain Promissory Notes, Commercial Guaranties, and
other related loan documents (the "Loan DocUments").
As you also know, you are in default under the Loans and Loan Documents for your failure to make
payments when due to PNC, and payoff the $40,000 and $26,000 loans when they matured on December
31,2001, which constitute Events of Default under the Loans and Loan Documents.
As a result of the above Events of Default, all liabilities and obligations under the Loans and Loan
Documents have been accelerated and all liabilities and obligations under the Loans and Loan Documents
are/mmediate]y due and payable to PNC.
Additionally, as a result of the defaults PNC exercised its rights of setoff on this date with regards to
deposit account number 5001061377 and applied the $2,997.84 balance to the $40,000 Loan. In addition,
the deposit account was also closed. As of this date the amount due under the Loans and Loan Documents
are as follows:
A member of The PNC Financial Services 6roup
4242 Carlisle Pike Camp Hill Pennsylvania 17011
Bloser Brothers
March 18, 2002
· Page 2
Obligor/Obligation Nos.: 30934754-601144676 ($40,000 Loan)
Principal S40,000.00
Interest to 03/18/02 693.33
Mortgage satisfaction fee 14.00.
Sub-total $40,707.33
Less proceeds from setoff - 2.997.84
Total $37,709.49
PNC hns exere~sed its nght to increase the interest rote on the above Loan to PNC Benk's~e rat~ plus
6.00%. ' .' ~: ' ~- ' ~- "'-~i~;.~": .:,.~ '...-
Oblitor/Obli~tion Nos.: 30934754-601144802 ($35.000 L0an)
Principal $22,433.97
Interest to 03/18/02 639.37
Mortgage satisfaction fee 14.00
Total $23,087_34 plus prepayment fee
In addition, pursuant to the terms of the Loan Documents you are hereby notified that effective this date
PNC has exercised its right to increase the interest rate on the above Loan to 10.75%.
Oblitor/Oblin~tion Nos.: 30934754-601 447662 ($26.000 ! ~)
Principal $26,000.00
Interest to 03/18/02 450.67
Mortgage satisfaction fee 14.00
Total $26,576.92
In addition, pursuant to the terms of the Loan Documents you are hereby notified that effective ~is date
PNC has exercised its right to increase the interest rate on the above Loan to PHC Bank's prime rate plus
6°00%.
Please be advised that unless payment in full is immediately delivered to PNC Bank, National
Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the form of a cashiers check or money order,
PNC shall take all action it deems appropriate to collect the above sums due and owing, preserve, protect
and enforce its rights under the Loans end Loan Documents.
Very truly yours,
PNC Capital Recovery Cor~
Eric D. Krimmel
- Vice President
Certified Mail Nos.: 7099 3220 0009 6887 2233
7099 3220 0009 6887 2240
7099 3220 0009 6887 2257
CC: Regular Mail
DISCLOSb,..-' FOR CONFESSION OF JL.,GMENT
~2s in l~a~: :r~r~ ~l~:~:[~nly and do not li~it the al31~i[[,:ability of this d~cument to any particular Io~1o~ it2m. I
Borrower: BLOSERBROTHERS (TIN: 25-1758013) Lender:
150 BARNSTABLE ROAD
CARLISLE, PA 17013
PNC BANK, NATIONAL ASSOCIATION
4242 CARLISLE PIKE
CAMP HILL, PA 17001-8874
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM E3(ECUTING, THIS,"'3 ~.,t., ',...~ L~ DAY OF //~O/~i~-~ , 19~-/-/ , A PROMISSORY NOTE FOR $35,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT ~E NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WO~D PERMIT LENDER TO ENTER
J~DGMENT AGAINST ME IN C~RT, A~ER A DEFA~T ON THE NOTE, WIT~UT ADVANCE NOTICE TO ME AND WlT~UT OFF. lNG
ME AN OPPORTUNI~ TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN ~ECUTING THE NOTE, BEING F~Y AWARE OF MY
RIG.S TO ADVANCE NOTICE AND TO A H~RING TO CONTEST THE V~IDITY OF ANY JUDGMENT OR OTHER C~IMS THAT LENDER
MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTE~IGEN~Y, AND VOLUNTARILY WAIVING THESE RIGHTS,
INCLUDING ANY RIG~ TO ADVANCE NOTICE OF THE ~TRY OF JUDGMENT, AND I ~PRESSLY AGREE AND CONSENT TO LENDER'S
ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
B. I FURT~ UND~STAND THAT IN ADDITION TO GIVING ~NDER ~E RIGHT TO ENTER JUDGM~T AGAINST ME WITHOUT
ADVANCE NOTICE OR A H~RING, ~E CONFESSION OF JUDGMENT PROVISION IN THE NOTE ~SO CONTAINS LANGUAGE THAT
WOULD PERMIT LENDER, A~ER ENTRY OF JUDGMENT, TO ~EC~E ON THE JUDGMENT BY FORECLOSING UPON, A~ACHING,
L~ING ON, TAKING POSSESSION OF OR OTH~WlSE SEIZING MY PROPERS, IN FU~ OR PARTI~ PAYMENT OF THE JUDGMENT.
HOW~, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLIC~LE ~W IN ~ECUTING ANY CONFESS~ JUDGMENT. IN
~EC~ING THE NOTE, BEING F~Y AW~E OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AP[ER JUDGMENT IS ENTERED
AND BEFORE ~EC~ION ON THE JUDGM~T, I AM KNOWINGLY, IN~LIGEN~Y AND VOLUNTARILY WAIVING THESE RIG'S, AND I
~PRESSLY AGREE AND CONSENT TO LENDER'S ~EC~ING ON THE JUDGMENT, IN ANY MANNER PERMI~ED BY APPLICABLE
STA~ AND FEDERAL ~W.
C. A~ER HAVING READ AND D~ERMINED WHICH OF THE F~OWlNG STATEMENTS ARE APPLIC~LE, AND BY PLACING MY
INITI~S N~T 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 MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN
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:
BLOSER ,R?THERS
BYi ii'il (SEAL)
STEVEN L. BLOSER
(SEAL)
TOMMY ~. BLOWER '
LASER PRO, Reg. U.S. PAt. & T.M. Of L, Ver. 3.26b (c) 1999 CFI ProServices. Inc. All r~ghts reservecL [PA-D30 F3.26 BLOSER 1 .L N C35,OVLI
' PNC BANK, NATIONAL ASSOCIATION
Plaintiff
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
:
:
: CIVIL ACTION - LAW
VERIFICATION
I, Eric Krimmel, Vice President, for PNC Bank, National Association, being authorized to
do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the
foregoing pleading are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unswom falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date: ¥/Ig/P.L By:
Eric Krimmel
Vice President
$35K Note
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
:
:
:
: CIVIL ACTION - LAW
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; that the last known address of the Defendant
Tommy L. Bloser and Steven L. Bloser t/d/b/a Bloser Brothers, a general parmership is 150
Bamstable Road, Carlisle, Pennsylvania 17013.
Date:
Respectfully submitted,
SAIDIS, S~7~ FLOWER& LINDSAY
By:
?S uplr eM/rrl); doe bu~°i~n~t 5E~0qr;e
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
$35K Note
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
;
:
: NO.
:
:
:
:
: CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendants, Tommy L. Bloser and Steven
L. Bloser, t/d/b/a Bloser Brothers, a general partnership in the above-captioned action are not
presently on active or nonactive military stares.
Date:
Respectfully submitted,
SAIDIS, SHUF/F, FLOWEAR & LINDSAY
By: K_/ail M. I~debohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
$35K Note
PNC BANK, NATIONAL ASSOCIATION
Plaimiff
Vo
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.
:
: CIVIL ACTION - LAW
NOTICE
TO: Tommy L. Bloser and Steven L. Bloser ffd/b/a Bloser Brothers, a general partnership
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that
enclosed herewith is a copy of all the documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
KARL M. LEDEBOHM, ESQUIRE
TELEPHONE NUMBER: (717) 761-1881
Prothonotary
$35K Note
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
Vo
TOMMY L. BLOSER AND STEVEN L.
BLOSER T/D/B/A BLOSER BROTHERS,
A GENERAL PARTNERSHIP,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-2046
: CIVIL ACTION - LAW
PI~ ~EC.~PE
TO THE PROTHONOTARY:
Please mark the judgment entered in the above-captioned action satisfied.
Date:
Respectfully submitted,
SAIDIS, SHUFF- FLOWER & LINDSAY
ffupreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff