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Home My WebLink About94-02352 \ ~ ~ ~ .t '-: ~ ~ ~ . ~ . I ~ ~ ~\ ~'~ \J\ ~ \ , , \ I , / d J !\' ~ , ~ r 't~!;i.<'t::-:';; I'~' " :1 ';~'';'"'' . r ,:,): l;~~i{~~f~ ".. e.,. ~e.'.:. :'" '.o'/J . . .- -\-/'~;':,--"':":,;>f-;._;, IlCJalK1' SIlAMANS<::Hs1uN. MilLi.on. ..o.1IOX126lI' 'o' H.UIIIS1lUIa:l, P A I71QlI m7lZl7-41llO PNC BANK, N.A., In lIS Own Right And As Successor In Interest To CCNB Bank, N.A" Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. qy - J35,1 Cl VI' Ttrm v. FRANKLIN R. SHAFFER, Defendant : CIVIL ACTION - LAW CONFESSION OF .JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: a. Principal amount $197,519.93 b. Interest at 6% per year to May 4, 1994 5.613.31 TOTAL $203,137.24, plus interest at the rate of $32.47 per day from May 4, 1994 plus the costs of this action ECKERT SEAMANS CHERlN & MELLOTr -r4 a. ~ Iack M. Stover, Esquire Timothy A. Hay, Esquire One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 ~TED: !i/'1/f'f As Attorney for Defendant CERTIFICATE OF SERVICE I, Jack M. Stover, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies that requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Luther E. Milspaw, Esquire Milspaw & Beshore 130 State Street Harrisburg, PA 17101 ECKERT SEAMANS CHERIN & MELLOTI -r~ IJ~ Jack M. Stover, Esqui Timothy A. Hoy, Esquire ~_: :< One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 Attorneys for Plaintiff PNC Bank, N.A. DATED: S-!r!f'( HAY ~ I 20 PH '9~ ~ :'~, ft:,pvr, ' ,. -'.1'. "v ..t!<Mi"'1l'~~>"'" "r~"tl. '~:t~i .,,.,_t,;O A~._' ~;;"""llt ~t~:i t .I,;.;~..-)J :~t<'"J~"'f~ I . d:"'''i.'' , ., eM"""'""". ~"'" Jm""J" ",u..:.;\o..~~;,.J;,..,iW~ . "--4T~__Cl . lilIq.. ~ J!:!"''''t''''''' , . .,. -..........-----...-.-.-.......-. .....'.- \ ;, .....,.....'_...~."....~..""~,""_".H._';"""""f'h",."'~..... ' '-' -......... . .' ..-.fOJl"",.~,~.~"'.f.~~~l!I":"J'~~ 'I' . " vr'PIOt OF '10: Pli()r"O~OT"flY CU~I!.E'\lf,1I0 OOUIHY 1'"Jl/ISYl....~N!4 . -- 11. .'.-r--, I ! . " ) ',' ;.,"", i ~,~~-' -t- - PNC BANK, N.A., In Its Own Right And As Successor In Interest To CCNB Bank, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. v. FRANKLIN R. SHAFFER, Defendant : CIVIL ACTION - LAW COMPLAINT IN CONFESSION OF .nmGMENT PlaintiffPNC Bank, N.A., in its own right and as successor in interest to CCNB Bank, N.A., by its counsel, Eckert Seamans Cherin & Mellott, hereby asserts the following Complaint in Confession of Judgment against Defendant Franklin R. Shaffer: 1. Plaintiff is PNC Bank, National Association (hereinafter "PNC"), in its own right and as successor by merger to the interests of CCNB Bank, N.A. (hereinafter "PNC"), having a business address of 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Franklin R. Shaffer (hereinafter "Shaffer"), an adult individual having a residence address of 608 Gale Road, Camp Hill, Cumberland County, Pennsylvania. 3. On November 12, 1993, Shaffer executed a Judgment Note in which he promised to pay PNC the principal amount of One Hundred Ninety-Seven Thousand, Five . ~ . ....~ Hundred Nineteen Dollars and Ninety Three Cents ($197,519.93), with interest thereon at the annual rate of 6 percent. The Judgment Note contains a Confession of Judgment clausc, permitting PNC to confess judgment against Shaffer. A true and correct copy of the Judgment Note is attached hereto as Exhibit "A" and incorporated by reference herein. 4. PNC has not assigned the Judgment Note. 5. Judgment has not been entered by any party on the Judgment Note in any jurisdiction. 6. Default is not a condition precedent to the entry of judgment pursuant to the Judgment Note. Nevertheless, the principal amount due under the Judgment Note has not been paid by Shaffer to PNC. 7. The amount due under the Judgment Note can be itemized as follows: a. Principal amount $197,519.93 b. Interest at 6 % per year to May 4, 1994 TOTAL 5.617.31 $203,137.24, plus interest at the rate of $32.47 per day from May 4, 1994, plus the costs of this action -2- .. , ,...,.....'!"..,.,...-. -~", WHEREFORE, PNC Bank, National Association, in its own right and as successor by merger to the interests of CCNB Bank, N.A., demands that judgment be entered in its favor and against Franklin R. Shaffer in the amount of 5203,137.24, plus interest accruing at the rate of $32.47 per day from May 4, 1994, plus the costs of this action. ECKERT SEAMANS CHERIN & MELLOIT ~ 1i.1f, Jack M. Stover, Esquire ~ Timothy A. Hoy, Esquire One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 Attorneys for Plaintiff PNC Bank, N.A. ~TED: "///'1 VERIFICATION I, Alfred F. Cordasco, an authorized representative of Plaintiff, hereby verify and stale that the facts set forth in the foregoing document 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.A. 14904 relating to unsworn verification to authorities. ~~ AI F. Cordasco CERTIFICATE OF SERVICE I, Jack M. Stover, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies that requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Luther E. Milspaw, Esquire Milspaw & Beshore 130 State Street Harrisburg, PA 17101 ECKERT SEAMANS CHERIN & MELLOTI rt:~ t). tf:rIe Jack M. Stover, Esqui Timothy A. Hoy, Esquire One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 DATED: r{ ~( ~t As Attorney Defendant ."...'..."............", ,...1,;'"'' If'" """"D (1) JUDGMENT NOTE SI97,519.93 November/z...;-1993 FOR VALUE RECEIVED, FRANKLIN R. SHAFFER, an individual ("Maker") promises to pay to the order of PNC BANK, NATIONAL ASSOCIATION, successor by merger to CCNB Bank, N.A., (together with its successor and assigns, "Payee") the principal amount of ONE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED NINETEEN AND 931100 DOLLARS ($197,519.93), with interest thereon at the annual rate of six (6%) percent. Payments of principal and interest on this Note shall be made in lawful money of the United States of America at any office of Payee or at such other places as Payee may from time to time designate by written notice to Maker. This Note is issued pursuant to, and is payable in accordance with, the Settlement Agreement of even date herewith among Maker, Payee and other parties thereto (together with all amendments, modifications and supplements thereto, the "Settlement Agreement"). The terms, covenants, conditions, provisions, stipulations and agreements of the Settlement Agreement are hereby made a part of this Note to the same extent and with the same effect as if they were fully set forth herein, and Maker does hereby covenant to abide by and to comply with each and every term, covenant, provision, stipulation, promise, agreement and condition set forth in this Note and in the Settlement Agreement. The holder of this Note is entitled to the benefits of the Settlement Agreement to which reference is hereby made for a statement of the terms and conditions under which this Note is issued and may enforce the agreements of Maker contained therein and exercise remedies provided for thereby or otherwise available in respect thereof. Principal and interest on this Note shall be due and payable in accordance with the terms set forth in the Settlement Agreement. Maker, his heirs and assigns, and all persons liable hereon or liable for the payment of this Note, waive presentment for payment, demand, protest, and notice of demand, protest and nonpayment, and consent to any and all renewals, extensions or modifications that might be made by Payee as to the time of payment of this Note from time to time. This Note is made and delivered in the Commonwealth of Pennsylvania and shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, including its statutes of limitation but without regard to its conflict of laws and rules. CONFESSION OF JUDGMENT. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATIORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR, TO THE EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION, AT ANY TIME FOR MAKER, AND WITH OR WITHOUT DECLARATION FILED, AS OF ANY TERM, AND THEREIN TO CONFESS OR ENTER JUDGMENT OR A SERIES OF JUDGMENTS AGAINST MAKER FOR THE ENTIRE UNPAID PRINCIPAL OF THIS NOTE AND ALL ACCRUED AND UNPAID INTEREST THEREON; AND FOR SO DOING THIS NOTE OR A COPY THEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. TO THE EXTENT PERMITrED BY LAW, MAKER HEREBY IRREVOCABLY RELEASES ALL ERRORS AND WAIVES THE RIGlIT OF INQUlSmON OF ANY REAL ESTATE LEVIED ON, VOLUNTARILY CONDEMNS THE SAME, AUTHORIZES THE PROTIIONOTARY OR CLERK TO ENTER THE WRIT OF EXECUTION OF SAID VOLUNTARY EXECUTION, AND IRREVOCABLY WAIVES AND RELEASES ALL STAYS OF EXECUTION AND EXTENSIONS AND ALL RIGIITS AND PRIVILEGES PERTAINING TO APPRAISEMENT OR EXEMPTING REAL ESTATE OR PERSONAL PROPERTY FROM LEVY AND SALE IN CONNECTION WITH ANY EXECUTION OF THE JUDGMENT. THE AUTHORITY GRANTED HEREIN TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL THE AMOUNTS DUE HEREUNDER. IN WITNESS WHEREOF, intending to be legally bound Maker has caused this Note 10 be executed and delivered on the dale first above written. WITNESS: - Jtt;, /L ~ .:;//~P:1:L) Franklin R. Shaf~ S7J6I - -.'''' ....', ',' ., ,:,_,:_~"';;;.b,'1~;~~~,~i:;:.:..:r~~0;,~.~;,i..ii;"C'.-.. \ HAY ,,7l~zo PH '9~. Of '/f;Lf,,:" It FIO~ S/'I/I,/ CU'ijj'- r., - TIIOII:; ^~y tI.A~O~'tJ\r' PEtHl5Yl VA~'!/. ' <1t~,SO S. 00 .,_~J.:.~',\l~.- _ ,'."'_ ,:...., ~'''''_ ~.-f.;,. ," ., , . 1'/, So pd, aI1tJ .~ n " " iI" .,. -';:;t '.l,~.... ' ,,>.. - . '.. .,,-- i- , , I i . 1 . . 'r ~ t J . '_.: ~~\i;;~. .. ~ '. ,~ ,. i , , i I i I I:' . " I' I'NC U,\NK, N. A.. In I tD Own 1 N Tilt-: COUll'1' 01'- COMMON PLEAS Right And As Successor In CUMIIERLAND COUNTY. PENNSYLVANIA Interest To CCNB Bank, N.A..: Plaintiff : NO. v. FRANKLIN R. SHAFFER, Defendant CIV~L ACTION - LAW To Franklin R. Shaffer Defendant You are hereby notified that on , 1994, judgment by confession was entered against you Tn the sum of $203.l37.24j in the above-captioned case. plus interest and costs DATE: Prothonotary YOU SHOULI) TAKE TillS PAPEP TO YOUP LI\I~YEP AT ONCE. IF YOU DO flOT IIAVE A LAWYEP OR CI\NNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CM! GET LEGAr, HF.LP. Court Administrator 4th Floor. Cumberland County Courthouse Carlisle. PA 17013 (717) 240-6200 I hereby certify that the following is the address of the defendant(s) stated in the certi- ficate of residence: 608 Gale Road Camp Hill. PA 17011 -j:.3t., d IL I\tto;;;y~1or Pl~~ntiff(s) Timothy A. Hoy A Franklin R. Shaffer, Demandado .. . ~j)'~~.,...... ... ~' .... ......~ .j oC .... O~ CIl 2:oC ~~Ilo . WO. HAY WlIlwl')w 0 ~ I 20 PH '9~ ~~~oC~ QI III Vlre IIlIll ~1Il ::I QlIIl :z:....llI w 0 U . i."' '-:J; FICE CQI <U~OC ,C QI.... Of ,,'. ~ ':r III 0 re E-<.... E-<C .... ~.... CU~;':."' ,fjONnA~Y ......... <I&. ....H w ..... . pE:' K~A1/0 C~UNTY reVlre HOWll:U ::I QI.... IINSYlVAijl.. .... III OCll:CU2: 0 .... w >. ...ere c.J jCllW U ::I QI QI re .... :'::0 wE-< O1U 0 1\1.... . 0 :l:ll:w CIl >. .... :c c CO I .... ....W oCH .... Ill... 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QI > ..:J2:ll: U QI '" '0 ...1' WWoCHoC "U'O o 011"'1 ..:JZE-<UO o QJol""l '" 41'" .. ..:Jill ....U "'''Ill .. - III ....0:1&..... .... 41 1"'1 ,C E-<<Oll: '0" 410 U U III ::IN QI 0<<> III 41 ....\1> I&. Z"'..:J< ...'0 .,. , I' ~ . ~ ... - ,', ,--. \. ''', ~~' .. BCICIIRT SHAMANS OIEA!N '" MELLOn' P.o.'*'" WI HADISIlIllCl.PA mOl a!7lD14OllO .. '. .,.' ~ '~ :' ,.~.i:~'~;::r~.;:/;:<~(;>~ > PNC BANK, N.A., In Its Own Right And As Successor In Interest To CCNB Bank, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2352 Civil 1994 v. FRANKLIN R. SHAFFER, Defendant : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-captioned action as satisfied and discontinue the case. ECKERT SEAMANS CHERIN & MELLOTT t2kt~~ k~. Stover, Esquire Supreme Cl. I.D. #18051 One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 DATED: qJ~ l"f~/ Attorneys for Plaintiff PNC Bank, N.A. CERTIFICATE OF SERVICE I, lack M. Stover, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies that requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Luther E. Milspaw, Esquire Milspaw & Beshore 130 State Street Harrisburg, PA 17101 ECKERT SEAMANS CHERIN & MELWTT 1"\__' I.'~~' lack'M. tov'er, Esquire Supreme Ct. J.D. #18051 One South Market Square Building 213 Market Street Harrisburg, PA 1710l (717) 237-6000 Attorneys for Plaintiff PNC Bank, N.A. P.ATED: 1. (1~{" -~ ',"'-'-,.,-, .;J44,.:~~. _. : ' .,.~, I ".. _~,.I", . ~ _ _ """~ ,'. ...~' ....... r,!~' '~,..}.:~\'"~. ,~, ;"lif",.-,:"''-;,,' i\~~"i'I,t.~() .A'.~ ..' '" <,"'~',;"'.' ..,_ 00 .!",,"~7w;r~~';' "~~~ ~ ~ .~;$f't- ~,'" " \ \ ...,.-....... .",', . SEP 7 3 13 PH '95 I fl~Ui. OFFICE or Tile FH'rHoHnA~Y CUI48EAL!.HO cou~n I'EHHS (l','~~'A '\ . ( ---.._:....;."".....-~""",.",.;.;..~......-..""'''''...-.----..,..,.~--~,...._. 'a ',' ;....~ 1. '. -'.:---_. -r'" . " , -----r', I ; " ~