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Home My WebLink About02-2057PNC 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. D~ - ~957 : : CONFESSION OF JUDGMENT : 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 Other authorized items: Interest to April 16, 2002 Mortgage Satisfaction Fee Attorney's Commission TOTAL $ 37,695.49 $ 326.44 $ 14.00 $ 3,802.19 $41,838.12 plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAIDIS, SHUI~, FI.~WI~_R & I~I'I~D~ By: __ '.~~.Led~el ~~~- Ic~rrM. Leneoohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $40K 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. : CONFESSION OF JUDGMENT : 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: Respectfully submitted, SAIDIS, SHUFF/cFLOWER & LINDSAY By: /Karl M. Ledebohm, Esquire / Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff $40K Note PNC BANK, NATIOANL 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. CONFESSION OF JUDGMENT 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, in the above-captioned action are not presently on active or nonactive military status. Date: Respectfully submitted, SAIDIS, SHUF~, FLOWER & LINDSAJg ~Karl M. L~debohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $40K 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. : : : : CONFESSION OF JUDGMENT : 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 partnership, is 150 Bamstable Road, Carlisle, Pennsylvania 17013. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: u~plr~e~e COurt i/D #5901~. · 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $40K 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. : . : : CONFESSION OF JUDGMENT : CWIL 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. 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 Forty Thousand and 00/100 Dollars ($40,000.00) ("Note"), a tree 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. Defendants executed and delivered to Plaintiff a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made a part hereof. 40K Note 6. Judgment is not being entered by confession against 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 $37,695.49 b. Interest to April 16, 2002 $ 326.44 c. Mortgage Satisfaction Fees $ 14.00 d. Attorney's Commission $ 3,802.19 TOTAL $41,838.12 10. Interest continues to accrue at the default rote provided in the Note. WItEREFORE, Plaimiff, PNC Bank, National Association demands judgment against Defendants, Tommy L. Bloser and Steven L. Bloser tYd/b/a Bloser Brothers, a general partnership, as authorized by the warrant of attorney contained in the Note for Forty-One Thousand Eight Hundred Thirty-Eight and 12/100 Dollars ($41,838.12), plus interest fi:om and including the date of this Complaint and judgment entered hereon at the default rate provided in the Note and costs of suit. 40K Note Respectfully submitted, SAIDIS, SHU]~ F, FLOWER & LINDSAY By: {/Karl M. lj ~ebohrrl, Esqul~'e M Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff , ,-, . PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. J Borrower: BLOSER BROTHERS (TIN: 25-1758013) Lender: PNC BANK, NATIONAL ASSOCIATION 150 BARNSTABLE ROAD 4242 CARLISLE PIKE CARLISLE, PA 17013 CAMP HILL, PA 17001-8874 Principal Amount: $40,000.00 Initial Rate: 8.750% Date Of Note: April 30, 1999 PROMISE TO PAY. BLOSER BROTHERS ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawful money of the United States of America, the principal amount of Forty Thousand & 00/100 Dollars ($40,000.00) or so much es 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 MAY 31, 1999, and all subsequent Interest payments are due on the last day of each month after that. Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid Interest on the 'Expiration Date. Borrower may borrow, repay and reberrow hereunder until the Expiration Date, subject lo the terms and conditions of this Note. The "Expiration Date" shall mean MARCH 19, 20OO, or such later date as may be designated by written notice from Lender to Borrower. 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. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of ~he 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 al 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 the Lender's pdme rate (the "Index"). The index is a rate per annum es publicly announced by Lender from time to lime as its pdme rate. The pdme rate is not tied to any external rate or index and it does not necessarily reflect the lowest rate of interest actually charged by Lender to any padicular class or category of customers. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently fa 7.750% per annum. The Interest rate to he applied to the unpaid principal balance of this Note will be et e rate of 1.000 percentage point over the Index, resulting In an Initial rate of 8.750% per annum. NOTICE: Under no cimumsfances will the interest rate on Ihis 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 eadier than it is due. Early payments will not, unless agreed to by Lender in wdting, 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 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, secudty agreement, pumhase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Any partner dies or any of the partners 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 default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed !he 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 effods fo modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection sen/ices. 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 Ihe 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 Commonweallh of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual 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 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, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby inc.,orporated and made a pad of this Note. o4-3o-~e99 PROMISSORY NOTE P;ge t__~=_~ NO (Contlrmed) LINE OF CREDIT. Tids Note evtdml~as a ~ line of credit. Advances under this Note mey be requo~4~d orgJly by B,.xf~.-~- or by an authaH'zed pef~on. Landor may, but n~ not, require fi'mt all oral mcluea~s be confirmed tn w~if~]. Al c~mmu~-aqnS, IftSt~adinns, or dlrlctiom by MMphone or oth~ tO Lender art to b~ cli~ to L~s office shown abov~ The fo(k~vk, t9 i,m,.ty o~ parses m,~ autho~d to rgqL~P &dYe -P'~-- unde~ t~e line credited to any of Oom~ m~counis w~th Lm~klr. Tbe unpaid p~nc~p~! bidm~ce o~ Irtg on this Note ~t ,,ny time m~y be ~ by s~'~ms ~ olhmwise ettampts to limit, modify or revoke ~v, Jeh guarantor's guam._ntee of this r4me or any om~ man w~u, ~..T,u~ I"as -~--,p~led funds provL.~e~_ p~rsuant to this Note far purposes othor than those au~ho~ by I..~ldm'. (3.EANUP PROVlBION. Bofrtwver e~knowisd0es m~d ~gm~s that prior to the Explr&ll:~n Date and armualty thmlmfler if the Expi~.f~ DIM is a~ amounts borrowed unda,' the line of oredlt hereunder must be repaid Irt fuli so thai there is no outManding pCm<:dpal b~ll~oe for a plCmcl of at least VEAR 2000 COMPUANCE, B~rrow~ has rev~ the areal with~ its budmms and op&-altorm whk~ could be IdvlmMy ~ by, and has developed or is de~ It program to eckSre~ on & timely bes~ the risk that ~ compu~r e~ttons used by Bo~OW~' mey be unable to f~)Snlze and perform pr~"~y dale-r,e~eitlvl functions involving dates Dd~ to lnd after ~ 31, '~C'~'~ ~ "Yelr ~ PToblem'). The Year condition, reeul~ af agemllom ae' proegeels of ~on'~wm', ar the ~ Of B~rower to duly &~, punctually pay or geda~m Its ab~4~tlons hereunder and ~ndm the Related DooumentS, 3f this Note of any otber &~,;ufnenis exe~ in ~onneofton with t~ls Note. Uniss~ Londm~s nollce p~ovld~J o~As~, L~ will h~w no fu~hm' PRIOR MOT~, Trda No~ arr~m~ and res~ha~, and Is in sub~ffiutlon for, a Noto In tt$ principal amount of t~0,._--_-~_00, pay~ to Limdor, de*~cl March 19, 1966 (the 'O~,~,-,aJ NOte'). Howw,~', without dut~o~, this amended ~d r~ted NoM st~ll r~ cofts~u~ iL novatlo~ and sl'adl In no way any nx)rtgage with mepe(~t to the Bon'owlr'S om~geoorr~ "m~,a","" -'u ~"'"'-- -- 'x '" ......... ' ' G1ENERAL PROVIIIONS. ~ maydelayor fo~go enfomtng any of its rlghts or remedk~ under this Nofe without k3gn~glhem* Borrower ,,rgl any guarantor, accemmodadton mak~ m endorser, shall be misased from liabaty. Al s~ch parties agree that Lander may nmew ~r ed.nd (mpealediy In the colisMlaJ; Ired Ilke any other aofio~ deem~cl mace~a~ by Lender without tt~ torment of or rmttoe to anyone. Al such park~ ~ agree that Leto:lin* may modify INs loam without the conlefd of or nolice to amyone ~ than ttm pedy wflh whom the modlltclflo~ is made. If any podion of this Note is f~. Imy rella~ delta, mined to be unerdorcelbis, it will rtof affgct the e,,~c.c~)BttY of any °lt~' ~°vIMOnS of ltlis NOf"* CONFEamON OF ~. eORROVa~ H~.B¥ tRREV~Y ^UTHOR~Z~S AND EMPOWERS ANY ATTORNEY OR THE A DEFAULT UNDE~ THI~ I~Jl~., Ar~U wun u~ ---~ ~,-,-- ~-~ , BORROWER FOR TH~ ENTIRE PRINCIPAL ~N.ANCE OF THIS NOTE, ALL ACCORD INTEREST, LATE CHARGE~, AND ANY AND ALL AMOUNTS EXP~NOED OR ADVANCED BY LENOER RELATING TO ANY COLLATERN. SECURING THIS NOTE TOGETI~.R WITH INTEREST ON AMOUNTS, TOGETHER W~TH COSTS OF SUrf, AND AN ATTORNEYS COMmiSSION OF TEN PERCENT (I0~) OF THE UNPND I=RINClPAL BALANCE AN0 A~ INTEREST FOR COLLECTION, BUT tN ANY EVENT NOT LES~ THAN FIVE HUNDRED DO.L.M~ (15IX}) ON W~CN JUDGMENT OR JUOGMENI'S ONE OR M(~IE EXECUTIONS MAY ISStJE IMMEEIATELY; ANO FOR ~O DOING, THIS NOJ~ OR A COPY OF THiS NOTE VER1FIED BY AFFIOAVlT SHALL t~[ ~JFFIClENT WARRANT. THE AUI'HORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNOER THIS NOTE. BORROWER HEREBY WAIVES ANY FIK~4T BORROWER MAY HAVE TO NOTICE OR TO A HEARING ~ CON~EC~ON W~H ANY SUCH ¢ONFES~ON OF JUOGMENT, E~CEFT ANY NO11CE AND/OR HEARING REQUIRED UNOER APPUCABLE LAW WiTH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT ErTHER A REPRESENTATIVE OF LENOER SPC-CFI~Y CAt_LED THIS ~SSION ~F JUDGMENT PROVISION TO BOP, ROWER'S ATTENTION OR BORROWER HAS BEEN REPnESE~ BY INDEF~NOENT LEGAL ~. ~~ ~ ~Et~T U~' li,ei~.4,~$T RATE PROVIS~NS. BORROW~ ~ TC) ?i~ 'TEF~ 41~ THE NOTE AND ACXNO~ sq'td~S RE COPY OF 'rile NOTE. TI. tiS ~ ~ ~ SIGNED AND ~ BY Tile ~IGNED. :~'.'~?~:,.. ~...!"." ..': .-:~ ,' ' :~.'- :~.-':-~-~:i~.~.~i ' m,,, ~~~, By:~,,~*:~' ) -.y:3:'P* ...... ~ ...... . : ....... PNC CAPITAL RECOVERY CORP. 4242 Carlisle Pike Camp Hill, PA 17011 E-mail: eric.krimmel~pncbank.com PNCBANK Eric D. Krimmel · ViCe President (717) 730-2492 Tel (717) 730-2373 Fax March 18,2002 Bloser Brothers 150 Barnstable Road Carlisle, PA 17013 Mr. Steven L. Bloser Mrs. Martina J. Bloser 150 Bamstable Road Carlisle, PA 17013 Mr. Tommy L. Bloser Mrs. Cynthia L. Bloser 210 Barnstable Road Carlisle, PA 17013 In re: Bloser Brothers Obligor/Obligation Nos.: 30934754-601144676 ($40,000 Loan) 30934754-601144802 ($~5,000 Loan) 30934754601447662 ($26,000 Loan) Dear Bloser Brothers: Dear Steven and Martina Bloser: Dear Tommy and Cynthia Blose~. As you know, you are obligated to PNC Bank, National Association ("PNC') for the abov~referenced loan accounts (the "Loans"), as evidenced by a certa/n Prom/ssory Notes, Commercial Guaranties, and other related loan documents (the ,,Loan Documents"). As you also know, you are/n 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 31,200 l, 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 Lonn~ and Loan Documents have been accelerated and all liabilities and obligations under the Loans and Loan Documents are/mmediately 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 Group 4242 Carlisle Pike Camp Hill Pennsylvania 17011 Bloser Brothers March 18, 2002 · Page 2 Obli~,or/Oblioation Nos.: 30934754-601144676 ($40.000 Loan) Principal $40,000.00 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 6 ~/:as exert,sea ,ts right to mcrease the interest rate on.tho ahoy0 Loan ~ ~ Obligor/Obligation Nos.: 30934754-601144802 ($35.000 I_m_U) 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 t,hms of the Loan Documems you are hereby notified that effective this date PNC has exercised its right to increase the interest rote on the above Loan to 10.75%. Obli=or/Oblination Nos.: 30934754-601447662 ($26.000 Principal $26,000.00 Interest to 03/1~/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 this date PNC hn.~ exercised its right to increase the interest rote on the above Loan to PNC Bank's prime rate plus 6.00%. Please be advised that unless paymem in full is immedintely delivered to PNC Bnnk, National Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the form of a cashiers check or money order, PNC shall take nil action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Loans and Loan Documents. 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 DISCLOSUHE FOR CONFESSION OF JbuGMENT I area for Lender $ use only and do not limit the applicability of this document to any particular loan 0i ite~i ......... r.'.'. ~ Borrower: BLOSER BROTHERS (TIN: 25-1758013) Lender: PNC BANK, NATIONAL ASSOCIATION 150 BARNSTABLE ROAD 4242 CARLISLE PIKE ' CARLISLE, PA 17013 CAMP HILL, PA 17001-8874 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ DAY OF I~'~/[ C ME TO REPAY THAT AMOUNT. ,19 ~ ~, A PROMISSORY NOTE FOR $40,000.00 OBLIGATING A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTF! ~IGENTLY, AND VOLUNTARILY WAIVING THESE F~IGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME 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 OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME 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 KNOWINGLY, INTEu_IGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. 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 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 BROTHERS STEVEN L. BLOSER TOMMY ' LOSA" ....... LASER PRO, Reg. U,S. Pat. & T.M. Ofl., Vet. 3.26~3 (c) 1999 CFI ProServices. Inc, All rights reseJ'veci. IPA-O30 F3,26 BLOSER.LN C39.OVL] 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. . : : CONFESSION OF JUDGMENT : 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: q/i'g/O),. By:_ Eric Krimmel Vice President $40K 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. CONFESSION OF JUDGMENT CIVIL ACTION - LAW NOTICE TO: Tommy L. Bloser and Steven L. Bloser t/d/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) 76 I- 1881 Prothono~ry ~ $40K 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. 02-2057 CONFESSION OF JUDGMENT CIVIL ACTION - LAW PR AEC. mE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action satisfied. Date: Respectfully submitted, SAIl}IS, s~~OWER & LINDSAY ' I~l Mgupren~eI~do~bZ~ 5E9s~2r2 e 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff