HomeMy WebLinkAbout06-6958
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
TONIA ROELKE )
DBA ELECTRIC BEACH, )
)
Defendant. )
No. ~ -~9Sr C,~;L ~"rl
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy
of which is attached as Exhibit "A" to the complaint filed in this action, the undersigned attorney
hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK,
NATIONAL ASSOCIATION, and against Defendant as follows:
Principal Debt $ 25,000.00
Interest through 11/9/06 1,160.59
Late charge 56.61
Attorney's Commission 2,616.05
Total $ 28.833 25
BY~(^^~ 0~'---
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.Ot. -t,qtf CULL ~""I
vs.
COMPLAINT IN CONFESSION OF
JUDGMENT
TONIA ROELKE
DBA ELECTRIC BEACH,
Defendant.
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa.I.D.#53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
)
)
)
)
)
)
)
)
)
)
No. Cl- - ~9rt
(!luL'T~
vs.
TONIA ROELKE
DBA ELECTRIC BEACH,
Defendant.
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through
its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor,
stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking
association organized under the laws of the United States and a citizen of Pennsylvania, with its
main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania.
2. Defendant is Tonia Roelke DBA Electric Beach whose last known address is 5204-
B Simpson Ferry, Mechanicsburg, PA 17055.
3. Defendant, on June 6, 2005, executed a Promissory Note ("Note") and thereby
promised prompt and punctual payment of the indebtedness due under the Note. A true and
correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A".
4. By the Note, Defendant, promised to pay Plaintiff the principal sum of $10,000.00
together with interest thereon in the manner provided by the Note.
5. There has been no assignment of the Note.
6. Judgment has not been entered on the Note in any jurisdiction against the
Defendant.
7. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
8. By Warrant of Attorney contained in the Note, Defendant authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the
benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be
entered against Defendant as payment was not made when due creating an event of default
under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment
to be entered as of any term.
11. Under the Note, the following amounts are now due by Defendant to PNCB:
Principal Debt $ 25,000.00
Interest through 11/9/06 1,160.59
Late charge 56.61
Attorney's Commission 2.616.05
Total $ 28 833.25
12. Under the terms of the Note, Defendant is liable to PNCB for attorney's
commission of ten percent for collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant
as authorized in the Warrant of Attorney contained in the Note, in the sum of $28,833.25, together
with interest and costs of suit.
TUCKER ARENSBERG, P.C.
By~^lA 0~
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
- 2 -
PROMISSORY NOTe
.'f._.. ,. ... .h.... .". ." '" Co_'. "" omv ."" do ..t .... tho __tv of ... do"""" to 'OY ..""",,, "'. "'''01.
Any item above COntalnin ... .. ha. been omitted due to text length limitations. .
Borrower: TONIA ROelKE (SSN: 195-68-89601 DBA:
El.e:CTR'C BEACH
EAST GATe PLAZA 5204-8 SIMPSON FeRRY
ROAD .
MECHANICSBURG. PA 17055
Lender:
PNC Banlc, National Association
BUSiness Banlcing
4242 Ca.,. Pike
Camp Hill. PA 17001
p,;".,;"., AmoUR" ',0.000.00 """'" II...." 8.500% Date of Note, June 6. 2005
PROMISe TO 'AV. TONIA ROELke (...........,_..... ""'.. POc -. N_ __ (',-.,. "...... "...... -. 01
... ....... ...... of .......... ... -pol __ of Ton "-_ . 001100 ..... '$10'-.00' " .. ...... . .... .. _
...- - "_t on.......... -...~.. -...... of - _. -. _.. ...._..... ... _ of _h.........
untlJ lepavmern of each advance.
PAYMENT. -.... ""'.......... __ "Ith... __ ,,_._,
-, "m poV .._, ......V "- .f ",...... _t ,_..... .. 200.. _.. __ -.......... .. duo on
... 00... '" of ..... ...... ......... B_.... """ "" '- " _ -. of oil ~ ......... ... .. ........ _
......, o. ... __ D.". _............ ,_ ... _ _.. _... __ _. ._.. ... ...... _
...~..... of.... _. "" .-.... _. .... moo. ..... .. 2007. .. _h _ do" .. .... .. d..""'.... .. -.. _. ....
Londo, to Bo.....,. ......., "-... ."" ...... ...." 00......... "-.. """" ...,. _don .. __ "_... .... ..
.... N... ....... ... ..... -- _. ,. 00 ..... ........ _. _Id _ __ of __ _'.... _ .......
the faca amount of this Note. .
U..... ....<w.. ......" -.. 'V - ..... _... .................. onv -... ....... ........ ..... .. _ ..... ..
OOV ...... ........ "'1" ... ..... '0 "'V '''' -.... """"- _t .... '" .... _ 11 _..... on . 3.5/380 ....., .... " ..
- ... '.... of... ....., ........ .... .... . _ of 360 ..... ..._ .. ... __ _ -.. _ ..... ._
.""',,, of do,. ... -1>01 _. I. __. _.. "'" '- .. ........ _ ...... ..." " .. _ _ ..... ..
lo........ _"....... .
VARIABle ll'<TEResT BATe. . Tho ,.""" .... on IhI, No" . ........ to ....... hom limo .. limo ,_ on 'h._ " on '''''_ '-,
_h J. ... lI~h.., _. "''' .. ..or.... .. ... '100'" ",,,.' "'don of Tho Won ...., ......, '... '''''''''0'. "" ,..., . 00t
"""'.Iy ... 'ow." .... ....".d .. Co.." o. 'N -.. "'" ''''''' __ "'........ ...""" ... "no of .... loon. ...... .... _'N
· _ti"". ''''' .h" ootI" to Borro"". Co""" "m "n Bono...,... ....... 'otIo, "to _ .......... __... Tho........... """'"
"m 'Ot 0"", ,"0" 0"'. thoo ..... .... ...."" _..""". .... ,,_ 01" "''' ..... .... o. 0"'" "... .. ",". ""....._
11 ....... ... -.... Th........t.......................................... of ... _ .... .. .. . .... of 2.... """_ ......
~"... ....... "'...... "pO ..... "" Of B.'OO% ... -. Nonce, """".. ,"'......_ ""'" ""_ ..to 0'''0 No.. .. 01....
than the maximum rate allOWed byapplicablelaw.
PREPAV",,,,.. Bo.o"" m.v..v Whho", ""'tv,"". _. of... om.... 0"" ...." tho.. 0 dpO. .."" .'VOl.... ... ..... ""0..
...... to by lo""" .. ".11... """" Bono"" of Bono"",. .....don to ""._ to 01'" ......." 0' __ """"" ,_ R...... """
OOVOl.... ..., ""00' ... '''00',,, bo.......... ......., ..mo. oot to """ ...... _ 01_ '..Id .. full'. ."..... ""''''''". "
"01'" '-.. "...."" -- ..... . ..V_< Cootlo, 01" '_t 11 WIlhout "'log "'V of """"'. ..... ...." .... No", ... ....._
"Ut ""'" ........ t. ..V "V ....... ....... 0.... to Co"'" All -. "''''"'""",,tIoo. ""_ .......... ,",0"",,. ",",,,". onv ""'"
0''''" ........ ''''''""''''''''t i""""... th..... ,,"'.... _. '.._" .... of... ............ 0'''"" ...."'" _ 0"",
'0_ 0' 'mltotio.. " .. luff ............ of · d....... 'mo,,", -, .. ...... .......... to, PNc..... ......., A._otIo., A"", Do,
""'JOoo.._ "'''''''''0' - B8CAc. 8800 TIni_ Bo...""" ... "- 'hiI...""",. PA 19153.
LATE CHARGE. It. "VOl... b 15 ..,. "mom '.... -0"" Wit, bo ........ .....% of... ....""'..........,......... .. 0100.00.
whichever fS less.
lM'EReST AF1ER DB'AULT. Upo, "'.~< 'OOi""log f.i",~.. ..,..... fl", m""""V. L_,. .. Ito ....... "'V. It....-..." _,_
,.". ."'~... tho ,,,,,,.,,. ,."".. "" on .." .... to 7.... """'..... pol... .,.,... ".... Th. "'-t .... .." 00' ."""'... _...
"" -- .. ......... Jow. It 1_, 0 .-.. " '0_ with .... No". ,.."... w. ......... to 'oo,", o. ... """ ."',
Judgment .t the interest rate applicable to this Note at the tIme Judgment Is entered.
DEFAuLT. ..... of ... Iono"i.. 'ho' 'ono,...... '" """ of .....It f'e"", of 0.""",) 00d0, "'. No",
Pavment Default. Borrower falls to make any payment when due.
0.... Do_. Bo""",..,, Gt..." f.", to -"V wllh 0' to ",10'01 'OY ..." "no. obI"'llo~ """"om 0' "'""'fioo ......... " ...
.." 0' .. '"v of ... rei.... '0''''''_ 0, to ","",V With 0' to _= 'OY tono. o,,~..... ""-.. " '''''don .....,... ,. ... 0....
agreement between lender and Borrower.
Do..... .. ..... of .... _. Borr_,,, '"V G"""" "f.~to ....... ooy 10... ......10. of """" .......V ....."'''' ......... "
- .....moo< 0' onv 0.... "~'""'" " .."" 0' OOY o'ho, Of_ .. ...... Ih., m.. m...".1Iv ...... onv " Bo"""""o ........ 0'
Bono",,'. ""oy to "poV "'" .... 0' .....no Bo"....... 0........ -'''0 No" " 'OY of... ....... dooom.....
F.... -.... Aoy ".....v. "....- " .......... ..... " ......... to lo..., by ......., 0' on ......".. ....It """'" lhI,
- 0' ... "b... d",,,",,,,, 11 "J.. " ""....di.. " 'OY 01'""" "''''< .."'" oow 0' Of ... lfm. ..... M .......... .. __ _
or miSleading at any time thereafter.
Dn.." ,.........V. "" ..... of B_,,,... dluolulio." "no........ of ......".. .,............Iog ,",,-,, ",,_
01 _Of. ... -.. of. ",,,,- f".oy.... of B"""",.. """""V. 'OY .......... 10, tho ""B, of ,_. .oy.... of
""",,", "0",".... 0'''' "'.""'"'01'" of OOY .........n ._ 'OY "'''''-0 " ...."""'" low. by " ''''.., _.
"""'"' " .....- ............ Com""""",,.. of f""...... 0' 10....... ............ ,,"'"- by _, .ouce...... .......,..
".......... 0' 'OY - ""'..... .. 'OY Of...... of Booo,,", 0' .. "V -.....", """V""'" 'OY ,_ ........ ... '"'..
Th. ........ · ."..""""' of.oy of .......... ""'''" Ith "".". 110...",.... Ew.. Of""""_
not apply If there is a good faith diSPute by Borrower a" EXHIBIT of the claim which Is the basis of the creditor 01
...,..... ""'- ."" It ...."" ..... L..." ",i.. . .......... ... ..""" wilh '-....... ..
I .' {\'
--
PROMISSORY NOTE
(Continued)
. Page 2
a sur.ty bond for the creditor or forfeiture proceeding, in an amount detennined by Lender. in its sole discretion. as being an adequate
r.serve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedn.ss or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness
evidenced by this Note.
Adverse Change_ A material adverse change occurs in Borrower's financial condition, or lender believes the prospect of payment or
performance of this Note is impaIred.
Ins.curity. l.nder in good faith believes itself Insecure.
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 .11 .ccrued unpaid Interest immediately due, without notice. and then Borrower will pay that amount.
ATTORNEYS' FEES: EXPENSES. lender may hire or pay som.one els. to help collect this Note If Borrower does not pay. Borrow.r will pay
lender th.t 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' fe.s, expenses for bankruptcy proceedings (Including efforts to modify or vllCate any automatic stay
or injunction). appeals and any anticipated post-judgement collection services. If not prohibited by applicable law, Borrower also will pay any
court costs, In eddition to all other sums provided by law.
WAIVER OF JURY TRIAl. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY
JURY IN ANY ACTION. PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE. ANY DOCUMENTS EXECUTED IN CONNECTION
WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE
FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
GOVERNING LAW. This Note will bellovem.d by f.deral'1aw appRcable to lender and, to the extent not preempted by federal law, dI.laws of
the Commonwellhh of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
commonw.altt1 of Pennsylvania.
CHOICE Of' VENUE. If there is a lawsuit. Borrower agrees upon lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of P.nnsylvania.
RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against Borrow.r's money, securlti.s or other property given. to lender by
law, lend.r shall have, with respect to Borrower's obliglltions to lender under this Not. and to the .xtent permitted by law, a contractual
possessory security Int. rest in and a contractu.1 right of setoff against, and Borrower hereby assigns, conwys, dellv.., pledges and tlens'.rs
to lender ell of Borrower's right, title and interest in and to, all of BOlTower's deposits, moneys, securities and other property now or hereafter
in the possession of or on deposit with, or in transit to, Lender or any other direct or indhct Subsidiary of The PNC Flnenclal Services Group,
Inc.. whether held in . general or special account or deposit, wh.ther held Jolntly with someone e.... or wh.ther held for saf.keeping or
otherwise, excluding, however. all IRA. Keogh. and trust accounts. Every such security interest and right of setoff may be exercised without
demand upon or notice to Borrower. Every such right of setoff shall be d.emed to haVll been exercised immediately upon the occurr.nce of an
Event 01 Del.ult hereunder without any action of lender, elthough lender may enter such setoff on its books .nd records at a lat.r time.
COLLATERAl. Borrower acknowledges this Note Is s.cured by the following collateral described In the security Instrum.nt list.d herein:
collater.1 described In a Commercial Security Agre.ment dat.d June 6, 2005.
liNE OF ~EDIT. This Note .vldences a revolving line of credit. Advances under this Note may be requested orally by Borrow.r or by an
authorized person. All oral requests shall b. confirmed in writing on the day of the request. All communications, instructions, or dir.ctlons by
telephone or otherwise to Lender are to be directed to Lender's office shown above. Borrower agrees to be llabl. for all sums either: (A)
advanced In accordance with the instructions of.n authorized person or (BI credited to any of Borrower's accounts with lender. The unpaid
principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by lender's internal records, including daily
computer print-outs. lender will have no oblig.tion to advanc. funds under this Note if: (AI Borrow.r or sny guarantor Is in dlifault under the
terms of this Note or any agreement thst Borrower or any guarantor has with Lender, including any agre.ment m.de In connection with the
signing of this Note; IB) Borrower or any guarantor ceases doing business or Is Insolvent; lei any guarantor seeks, claims or otherwise
attempts to limit. modify or r.voke such guar.ntor's guarantee of this Note or any other loan with Lend.r; (DI Borrower has applied funds
provided pursuant to this Note for purposes other than those authortz.d by lend.r; or IE) L.nder In good faith beReves itself ins.cure.
FINANCIAL INFORMATION PROVIStON. Borrower sgrees to deliver .ny financial and other business information concerning BOlTower that
Lender may request from time to time. such as annual and Interim financl.1 statements Ian of which shall be prepared In eccord.nc. with
generally accepted accountlng principlesl and federal income tax retums.
DEPOSITORY. Borrower win establish and maintain. with Lender. Borrower's primary depository account(sl. II Borrower 'ails to establish and/or
. maintain its primary depository account(s) with lender, Lender may. at Its option, upon thirty (301 days notice to Borrower, increase the Interest
rate payable by Borrower und.r this Note by up to 1.00 percentage points 11.00%" lender's right to increase the interest r.te pursuant to this
paragraph sh.1I be in addition to any other rights or remedies Lender may have under this Nota. an of which ere hereby reserved. and shall not
cdnstitut. a waiver. release or limitation upon Lend.r's ex.rcise of any such rights or r.medies.
AUTOMATIC DEBIT OF PAYMENTS. The Borrower hereby authorizes the lender to charge the Borrower's deposit eccount 8t the Lender for any
payment when due hereunder. If the Borrower r.vokes thla authorlutlon for any r.eson wMtsoev,r or fells to maintain a depoSit account with
tha Lender which may be charged, the Lender m.y. st Its option, upon thirty (30) days notice to the Borrower. Increase the Int.rest me payable
by the BOlrower under this Note by twenty-five (25) basis points 10.25%).
TERMINATION OF UNE OF CREDIT. Upon sixty (60) days prior written notic. to Borrow.r. lender may t.rmlnate the Una of Credit, wit!1 or
without cause. .nd demand full payment of the entire unpaid prinCipal balance of this Note, and an accrued and unpaid Interest on the balance,
and all other .mounts due in accordance with the terms of this Note. Unless Lender's notice provides otherwise, lender win have no further
obligation to adv.nce funds under this Nota.
CONVERSION TO TERM LOAN. L.nder retains the right to convert eI' or any part of the outstanding Indebtedness under this Note Into an
amortizing term loan, with or without cause. upon providing sixty (60) days prior wrttten notic. to Borrower (the "Convenlon Notic."). II
lender exercise this right, Lender will compute a new monthly payment with respect to the part of the indebtedness so converted (the "Tenn
loan Portlon"l, and Borrow.r will be advised of such new monthly payment with respect to the Tenn loan Por1lon in the Conv.rsion Notic..
Monthly paym.nts on the Term Loan Portion following the Conversion Notice shall be based upon an amortization period specified in the
Conversion Notice (the 'Amortizatlon Pertod"). Subsequent payments on the Tenn loan Portion shaR be d.tennined monthly and shall be in the
amounts determined by lender to be necessary to funy amortize the then outstanding principal balance so converted over the then remaining
Amortization Period at the effective interest rate on this Note as of the date the amount of such payment is calculated by lender. All
oustanding principal and accrued interest will be due on the l.st day of the Amortization Period. An tha provisions of this Note and any Related
PROMISSORY NOTE
(Continued)
Pege3
Documents shall apply to the Term loen Portion except to the ex~ent Inconsi~enJ with this paragraph.
SUCCESSOR INTERESTS. The tenns of this Note shall be binding upon' Borrower, and upon Borrower's heirs. pel'S'onal reprasentatlves.
successors and assigns, and shaft inure to the benefit of Lender end its successors and assigns.
GENERAL PROVISIONS. lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and
any other person who signs. guarantees or endorses this Note, to the extem ellowed by law, waive presentment, demand for payment, 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 es maker. guarantor. accommodation maker or endorser, Shall be ralell8ed from liability. All such parties agree thet lender may renew
or extend (repeatedly and fOl any length of time) this loan 01 release any party or guarantor or collateral; or impair, fail to realize upon or perfect
Lender's security interest in the collateral; and take any other action deemed necessary by lender without the co.nsent 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. The obligations under this Note a~e Joint and eeveral. If eny portion of this Note Is for, any reeson determined to be
unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONfESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERs ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAUlT HEREUNDER, TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED.
CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS. AGAINST THE BORROWER IN FAVOR OF lENDER OR ANY HOLDER HEREOF FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE, All ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH
COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR .1,000 ADDED AS
A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COpy VERIRED BY AFRDAVIT SHAll. BE A SUFFICIENT
WARRANT. THE BORROWER HEREBY FOREVER WAIVES AND RElEASES ALL ERRORS IN SAID PROCEEDINGS AND All RIGHTS OF APPEAL
AND All REl.IEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER
ENACTED. INTEREST ON ANY SUCH JUDGMENT SHAll. ACCRUE AT THE DefAULT RATE.
NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SEAlES OF JUDGMENTS. SHAll. BE DEEMED TO
EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HElD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID,
BUT THE POWER SHAll CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT
UNTil SUCH TIME AS lENDER SHALL HAVE RECENEO PAYMENT IN RJll. OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE
ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH IWHlCH IS INCLUDED IN THE WARRANT FOR PURPOSES OF
ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHAll NOT
EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY lENDER.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD AU THE PROVISIONS OF THIS NOll!, INCLUDING THE VARIABle
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAve THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
-
BO.R~
xl ~
TO ROELKE
ISeal'
LASI!R"'O~ v.. 'US.2Il.CCD c.lW.HMa1l11Fi1.......w.....,.... '"', XIDL .................. .,.,. ~\D1IOfIC .....,." ....fi
(.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
TONIA ROELKE )
DBA ELECTRIC BEACH, )
)
Defendant. )
No. Ot.--
C!tu'tL'---r~
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15222
and that the last known address of Defendants is:
5204-B Simpson Ferry
Mechanicsburg, PA 17055
By0~.0v~
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
TONIA ROELKE )
DBA ELECTRIC BEACH, )
)
Defendant. )
No. CJl.. _
G;~~L~~
TO: Tonia Roelke
DBA Electric Beach
5204-B Simpson Ferry
Mechanicsburg, PA 17055
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ~ c.. ~
, 2006, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $28,833.25, plus costs.
AFFIDAVIT
The undersigned hereby certifies that the judgment to be entered in this action is not being
entered against a natural person in connection with a consumer credit transaction. To the
contrary, the underlying transaction is a commercial transaction.
~,^-~~ '---
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subscribed
before me this 2'7....... day
of NN lU'y\-b_Q..J\---' , 2006.
(Y) ~L ~~~Ql..kO-LJ(
Notary Public -
~
BANKJIN:288210-1 000011-130666
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa Szalkay, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Oct. 31, 2009
Member, Pennsylvanie .'\s:;oci",lwn 0' Notaries
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. 92737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT.
(a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided
in subparagraph (2), all grounds for relief whether to strike off the jUdgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1 (c)(2) or Rule
2973.1 (c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440 (see text of Rule 440 reprinted below).
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the jUdgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the jUdgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the jUdgment is pending.
Rule 440. Service of Legal Papers other than Original Process
(a) (1) Copies of all legal papers other than original process filed in an action or served
upon any party to an action shall be served upon every other party to the action. Service shall
be made
(i) by handing or mailing a copy to or leaving a copy for each party at the
address of the party's attorney of record endorsed on an appearance or prior pleading of the
party, or at such other address as a party may agree, or
Note: Such other address as a party may agree might include a mailbox in the
Prothonotary's office or an e-mail address. For electronic service by means other than
facsimile transmission, see Rule 205.4(g).
(ii) by transmitting a copy by facsimile to the party's attorney of record as
provided by subdivision (d).
(2) (i) If there is no attorney of record, service shall be made by handing a copy to
the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an
appearance or prior pleading or the residence or place of business of the party, or by
transmitting a copy by facsimile as provided by subdivision (d).
(ii) If such service cannot be made, service shall be made by leaving a copy at or
mailing a copy to the last known address of the party to be served.
Note: This rule applies to the service upon a party of all legal papers other than original
process and includes, but is not limited to, all other pleadings as well as motions,
petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original
process is served under Rule 400 et seq.
(b) Service by mail of legal papers other than original process is complete upon mailing.
(c) If service of legal papers other than original process is to be made by the sheriff, he shall
notify by ordinary mail the party requesting service to be made that service has or has not been
made upon a named party or person.
BANKJIN:288210-1 000011-130666
VERIFICATION
The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in
the attached Complaint in Confession of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
lIa anaway
Attorney Relations Manager
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THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO. ~ -I.'id (!,u..(T~
vs.
AFFIDAVIT OF NON-MILITARY SERVICE
TONIA ROELKE
DBA ELECTRIC BEACH,
Defendant.
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa.I.D.#53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Ii
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
) No.
vs. )
)
TONIA ROELKE )
DBA ELECTRIC BEACH, )
)
Defendant. )
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the
Defendant is not a member of the military service of the United States of America to the best of
my knowledge, information and belief.
Sworn and subscribed
before me this ~day
~p;~
Netary Public
My commission expires:
COMMONWEALTh Of- Pi::!\jl~~ I \.::,;~
NotanalSe811 I
Angela M. Vicano, Notary P\.ICI!C
McKees Rocks Boro, Allegheny County
My Commission Expires ApI. 8, 20H) ...J
Member, Pennsylvania AssoolaUon IJIl\ltlU'i',P
BANK_FIN:288256-1 000011-130666
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