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HomeMy WebLinkAbout94-05595 I , I I l 1 \ ~ ! ~ . j '\ Ii. ~ , Qoo , ~ . \c)/ ~I 00; 4~;f,l,"':" . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under a Pooling and Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through certificates Series 1992 C-8 Plaintiff v. OCTAGON ASSOCIATES, a Pennsylvania limited partnership 3003 North Front Street Harrisburg, PA 17110 No. 94- fi5q~ &;;.J.. T~ PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff Bank of America National Trust and Savings Association, as Trustee under a Pooling and Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through Certificates Series 1992 C-8 and against Defendant Octagon Associates for $ 1,492,667.54, plus interest from and after September 12, 1994 until the date of payment of the judgment, as authorized by the Note, at the rate of 6.5% ($264.83 per day) on a promissory note executed on December 30, 1985, being 3% per year in excess of the currently effective one-year constant maturity Treasury bill rate (as defined in the Note), plus reasonable attorneys' fees and expenses incurred on and after September 1, 1994 and costs according to law, Please index this judgment in the judgment index. Dated: September 28, 1994 ??~bd~ Robert J, Hoelscher Identification No. 26746 Drinker Biddle & Reath suite 1100 1345 Chestnut street Philadelphia, PA 19107-3496 (215) 988-2700 Attorneys for Plaintiff AND NOW, this 3a~ day entered as requested. Of~, 1994, judgment is hereby FN8<.'JOt.i'AOON.PRAl ~~ e, 'r{dJu.... Pro. Prothy. t3.r: ~~ W'~, ~. -2- . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under a pooling and servicing Agreement dated as of November 1, 1992 for commercial Mortgage Pass-Through certificates Series 1992 C-8 Plaintiff v. OCTAGON ASSOCIATES, a Pennsylvania limited partnership 3003 North Front Street Harrisburg, PA 17110 CONFESSION OF JUDGMENT FOR MONEY No. 94- S6QS ~ ,~ Pursuant to the authority contained in the warrant of attorney set forth in the promissory Note dated December 30, 1985 (the "Note"), a true and correct copy of which is attached to the Complaint in confession of Judgment for Money filed in this action, I appear for the Defendant octagon Associates, and confess judgment in favor of Plaintiff, Bank of America National Trust and savings Association, as trustee under a pooling and Servicing Agreement dated as of November 1, 1992 for commercial Mortgage Pass-Through certificates Series 1992 C-8, and against Defendant, octagon Associates, for the sum of $ 1,492,667.54 together with interest from and after September 12, 1994 until the date of payment of the judgment, as authorized by the Note, at the rate of 6.5% ($264.83 per day), being 3% in excess of the currently effective one-year constant maturity Treasury bill rate (as defined in the Note), plus reasonable attorneys' fees and .~,.,~' $1,600,000 plus inte~est for one year at the ~ate of 11\ and interest thereafter at a floating rate reset on each anniversary of the date of the Note, with principal and inte~est to be paid in monthly installments. The Note matured by its terms on December 30, 1990. 5. A t~ue and co~~ect copy of the Note is attached as Exhibit "A" and is incorporated herein by reference, 6. Plaintiff is the holder of the Note. 7. The Note has been assigned by the original holder, First Federal Savings and Loan Association of Pittsburgh ("First Federal"), by operation of law to the Resolution Trust corporation as receiver for First Federal, which in turn assigned it to Plaintiff. 8. Judgment has not been entered on the Note in any jurisdiction. 9. The Note is secured by ce~tain mortgages executed by Defendant on or about December 30, 1985. 10. One mortgage encumbers land and improvements in Upper Allen Township, Cumberland County, Pennsylvania commonly known as Nanroc Drive Townhouses, owned by Defendant and as to which a mortgage in favor of Plaintiff's predecessor in interest was recorded on December 31, 1985 in Cumberland County Mortgage Book 800, page 472. 11. Another mortgage securing the Note was given by a partnership known as Belle Terre, by an instrument dated December 30, 1985, and such mortgage was recorded December 31, 1985 in Cumberland County Mortgage Book 800, page 459. 12. Oefendant is in default of its obligations under the Note because it has failed to make final payment due under the Note on December 30, 1990. 13. Because Defendant has not made payment as required by the Note, and because the Note has now matured, the entire unpaid principal balance of the Note, together with all ~ccrued interest and other sums due thereunder, are immediately due and payable. 14. By letters dated June 2, 1994 and August 11, 1994, demand was made upon Defendant for payment in full on the Note, and Defendant failed to make payment. 15. The following amounts are due as of September 12, 1994: Principal sum due on the Note $1,464,590.05 Interest due on the Note from 6/194 through 9/12/94 $ 27,277.49 Counsel fees incurred in enforcing the liability of Defendant under the Note through 8/31/94 ~ 800.0Q $1,492,667.54 16. Judgment is demanded against Defendant pursuant to the Note, which is less than 10 yea~s old. 17. The demand for judgment set forth in this complaint is authorized by the warrant of attorney contained in section B of the Note. WHEREFORE, Plaintiff demands judgment in its favor and against octagon Associates as autho~ized by the war~ant if attorney it executed, in the amount of $1,492,667.54 plus interest from and after Septembe~ 12, 1994 until the date of ,~.;~.....;" payment of the judgment at the rate of 6.5' ($264.83 per day) as authorized by the Note, plus reasonable attorneys' fees and other expenses incurred on or after September 1, 1994 and costs according to law. Oated: September 28, 1994 '/(/)/~I.'.c-,0 -- Robert J. Hoelscher Drinker Biddle & Reath Suite 1100 1345 Chestnut street Philadelphia, PA 19107-3496 (215) 988-2700 bdn4 for ehe property klWwn a~ Nanro~ a. furcher d..crib.d 1n .aid .ortlA.a. U. when thtil !Juid. C.1Ud bocome duo und pu)'able. there are ndC .uff1cl.n.r. fund. in tlurro".n' ...:,c;uuuC to pay th... tax... Burro"eu w1.11. un d.und, "upply the deHclllncy. rhfll Lunder. at lt~ option, lIU1y apply on the debt or 1nucoec the monthly P4YURt. of to1xea. [n that event ehe L.nd.t ,,11l advance funda to pay tax.. when they becu~ due. IUt)' ~um. dO advo1uced shall b. added to the debt and bdar lnCutast at the d~me rote. b. Dorroweu dhu!l pay aU municipaL .U.d81111I11nt. .md char.ea, Ln- cludln" wator and !fl!w('!r tl~nta1.:J. from timl! to tJ.",~ Ll!'1led or ;1Ii./ie....d 811.1Ill.1: t.he nllH'tllaged real ~!lIt.lto i\lrthw1l;,h when they tH!CIJIRlI due I.IOJ payable; pay a Lat. paYlIGnt ch':&I=~e of five (5%) IJercout "n any paYDlIl!nt overdue for flft..n (15) day" tv dufrav e~tlmatud t!Xpt'!lhlflll incident; tu handUng the lJelLnqultnt pay1ftl!nt; ..uu.1 p~'V ;Jl\~ cLalm \Jhic:h :jhaLl Ill' m1ght have prLor1tV in Usn ot:' pay- ~nt t~ the d~bt. 7. (( the lJorrowcrll nl!~lect to pt'ocure and maincaln in~uranc. in the J.lli:lunt lInd \oIhh in~urance ~athfactory to Lender. ot' neabee to pay the taxa.. municipal ~a~..~menC$ or charges, or other payments required forthwith when they- bo.collle duc und pdyabh. fiut fa!ddral. Sdvingijl and Loan A.>>oelat10n of PLttsburgh, it>> ducee~dOrll or GlIaigns. may ta~e out a polLey or polici.. of Ln..urance in. Ltll own name. ,)t' in the name ol the Uorrowers. and pay the taxe., municipal aadedsments or charges. or other payments required. and the preatw. or prellliwu pa1.d for the lnsurance and the amounts paid for taxe., aUQJ.c.tpal a.dedalDenta or charge., or other payment. required ~nall bear lnterelt fro. the time of payment. dhaLl bl! added to and collected ua part of the debt, and in th... aame mannec. and uhall be paLd on d\!uncL 8. In ca.:le defauLt :ihd,l1 bu molde in the paYlIlent of any inltall..a.t of principal ur illterc::ot or of any taxeS. municipaL aa.e~1IIMlnU. eharI4!l'. or othur pay~nt~ r~quired. (ur thlrtv (}O) dav~ aitcr they become due and pay- able. the ",hch Ul the ulIpa.hi d\.!bt and lnter\.!st ahaH. .1t the option of Hut FederaL SlJvlnRlI .Illd Loan A.:J:lociat1on ui P1ttgburllh. its ducCelUJOn or ..dan.t thereupon become dug and payable wLthout notica to tho aorrowers. .\nd further. Burro\olers herebY author1.ze and empower any Attorney of any Coure of Rm:ord In Pennt,v.lvanla. to appear for and c:onh.s Judpaeut alainlle thell. and 1n fayor or First fl!deral S.lvinfil!:l and wan A.lIIoclatiou of Plttaburgh, its ~uccu~aorg or ag~lgnll. f~r the amount then due on tn1. bond. including any nmaunt!5 paid by First f1!deral 5..1vinKS and Loan A..oclatioQ of Pituburgh for tOlXCII, In:mrance. municipal d~::tl!SIlmE!nts or charge., or q :JUJU which FLrst Fl1deral Savin~tI and Loan ,j\jsoclutlon of Pittsburln wa 'luired to paY, with or wi.thout complaint. ....lth COl:lt:t of "uie. rel.... , rors, withuut ~tav ot execution and wLth ilve I j;) percent ddded a>> part or tha ,judgment far i.1ttocney'l:I reetl fQr ciJLl~..:t1iJn. :laid feeli to becollUl due and [l.1Wlbll! Idthout d\~malld of th~ dt'bt t,..hlch l.i Ih,rebv waived. Borrowet'lI waive th.1.!: benefit ot all IIta" or l!xuUlptlon .L.tw~ ami 1J.l1.ve the dl;hll: of appeal. The. atf!da..,Lt "i ':U1 oO'lc\.!r of fLrst Federal. 5.J.vin~a .:1nd Loan Mllloclation of 1\ Pitt,bUflh of che ICIOlInc due on chi d.bc and lnclruc, lncludinl an, .mounc. advanc.d by rlrae ,.datal S.vinl' ,nd Loin A"Gdlaclon of PitUbulah rOt taXI'. inlurencl pl'II.luu or ocher cbat..., ~ha11 b. pd.. beh Ivid1tnCI of chi .1IlI1.Int du.. Thi. Noc. i.t ..cured b~ . Hort...., .nd Security Aar....nc of dYln d.uI ner.vieh upon tIll eSCICe. W11NESS che due ..,cution heriot chI d4Y Ind y.at flrlc above wrict.n. Witn...: tJ~sm~ OCTAGON ASSOCIATES 8y: ,j 1. f\ 14,./......., Parener ) )tl '.. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF MONTGOMERV Carl L. Neilson, being duly sworn according to law, deposes and says that he is a senior asset manager for Coopers & Lybrand L.L.P., an authorized agent of The First National Bank of Chicago, as Special servicer under a Pooling and Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through Certificates series 1992-C8 (the "Agreement") for Bank of America National Trust and Savings Association as Trustee, under the Agreement, plaintiff in this case; that he is authorized to take this affidavit on its behalf; and that the facts set forth in the foregoing Complaint in Confession of Judgment for Money are true and co~rect to the best of his knowledge, information, and belief. jij ij~~ Sworn to and subscribed before me this ,;I3-.Iday of .5~u.r...h't' , 1994. {kd y} 7n. J:i "-'/...l.ti"" 6' Notary Public / NolarIJlISe8l JelrlM.K$'a:r ~Bcro. ec...ty My Con......., e..pr. 1, 111117 FNBC/OCTAGON.COM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under a pooling and : Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through certificates Series 1992 C-8 Plaintiff v. OCTAGON ASSOCIATES, a Pennsylvania limited partnership 3003 North Front Street Harrisburg, PA 17110 No. 94- AFFIDAVIT OF COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF MONTGOMERY Carl R. Neilson, being duly sworn according to law, deposes and says that he is a Senior Asset Managar of Coopers & Lybrand, L.L.P., an authorized agent of The First National Bank of Chicago, as Special servicer under a pooling and Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through Certificates Series 1992 C-8 (the "Agreement") for BanK of America National Trust and Savings Association, as Trustee under the Agreement; that he is authorized to take this affidavit on Plaintiff's behalf; and that the Promissory Note, dated December 30, 1985 executed and delivered by Defendant octagon Associates ("octagon"), pursuant to which judgment is hereby confessed, a true and correct copy of which is attached to the Complaint filed in this action, is part of transaction and not for consumer or hO~ Carl L. Ne lson Sworn to and subscribed before me thi~8#~ay of September, 1994. FN ,.. '., f. ('1 '.' ,\', ' , " ~~ ----~------.I L" ';,' ",' ,,..;-, {' .'{ ,'! i-~ ' l'.,;" '-',;,.1,' ,;,1 " ';' I ,'.':. i M:J\pp-'---" - -....... .-."....-.. --.J -2- . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under a pooling and Servicing Agreement dated as of November 1, 1992 for commercial Mortgage Pass-Through Certificates Series 1992 C-8 . . . . plaintiff v. OCTAGON ASSOCIATES, Q Pennsylvania limited partnership 3003 North Front Street Harrisburg, PA 17110 No. 94- AFFIDAVIT OF NON-RETAIL TRANSACTION COMMONWEALTH OF PENNSVLVANIA ss. COUNTY OF MONTGOMERV Carl L. Neilson, being duly sworn according to law, deposes and says that he is a Senior Asset Manager of coopers & Lybrand L.L.P., an authorized agent of The First National Bank of Chicago, as Special servicer under a pooling and servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through certificates Series 1992-CS (the "Agreement") for Bank of America National Trust and savings Association, as Trustee under the Agreement; that he is authorized to take this . affidavit on Plaintiff's behalf; that to the best of his knowledge, information and belief this transaction does not arise "0' a 'etail iostail.ant saie oon~o~c~o\~ carl L. Neilson Sworn to and subscribed before me this~~ day of september, 1994. , <<<411 '-~ A/}./ . II . N~ry Pub c ,lri\N ~~;.~MMl S~Al J f:,rv .' lL tJct !f' P t~ ~ ,-., r.t Ph'i.-J\1l"!;;::'1 PI' { l..he .. :"yCl"'i'l"'Y'" "-;1' r ,_ ,', .1/1 (,.11..;"1'1 FNI)('/(X~o,r:i{p1f-- <---.:..-....::.' '_ " _: if' ].: . --'J"' _..~.~--;:::....'..-'___'... .. if' -2- :~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT!ON - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trust.. under a pooling and Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through Certificates Series 1992 C-S Plaintiff v. : OCTAGON ASSOCIATES, a Pennsylvania limited partnership 3003 North Front Street : Harrisburg, PA 17110 No. 94- AFFIDAVIT OF WAIVER OF RIGHTS COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF MONTGOMERY Carl L. Neilson, being duly sworn according to law, deposes and says that he is a Senior Ass~t Manager of Coopers & Lybrand L.L.P., an authorized agent of The First National Bank of Chicago, as special servicer under a pooling and Servicing Agreement dated as of November 1, 1992 for Commerical Mortgage Pass-Through certificates Series 1992 c-s (the "Agreement") for Bank of America National Trust and savings Association as Trustee under the Agreement; that he is authorized to take this affidavit on Plaintiff's behalf; that to the best of his knowledge, information and belief the Defendant octagon Associates, a business partnership, knowingly, intelligently and freely waived its rights to notice and hearing prior to the entering of a . , ~, judgment against it pursuant to the Warrant of Attorney section of the Promissory Note dated December 30, 1994; and that Defendant Octagon Associates also waived all stay and exemption laws and released all procedural errors. Carl L. Ne lson Sworn to and subscribed betore me thi~ day of September, 1994. c , ./ NOTARIAL ~rAL JEAN A. HAU. NI)t,lr I Put, I" PH 'J~~f1~~~~~~:('.:".~I1:" ('I'~':' -2- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under a pooling and Servicing Agreement dated as of November 1, 1992 for commercial Mortgage Pass-Through certificates Series 1992 C-S . . : Plaintiff v. OCTAGON ASSOCIATES, a Pennsylvania limited partnership JOOJ North Front Street Harrisburg, PA 17110 No. 94- CERTIFICATION OF ADDRESSES I hereby certify that the precise address of the Plaintiff, Bank of America National Trust and Savings Association, as Trustee under a Pooling and servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through Certificates Series 1992 C-8, is c/o Coopers & Lybrand L.L.P., suite 6020, 555 North Lane, Conshohocken, PA 1942S-2233, Attn: Carl Neilson, and that the last known address of the Defendant, octagon Associates, to the best of my knowledge, information and belief, is JOOJ North Front street, Harrisburg, PA 17110. Dated: September 28, 1994 7?~4c/~ RObert J. Hoelscher Identification No. 26746 Drinker Biddle & Reath lJ45 Chestnut Street Philadelphia, PA 19107-3496 (215) 988-2700 FNDCJOl~L'I!RT.^()D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee under a pooling and servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through certificates Series 1992 C-8 . . Plaintiff v. OCTAGON ASSOCIATES, a Pennsylvania limited partnership 3003 North Front Street Harrisburg, PA 17110 No. 94- ENTRY OF APPEARANCE Please enter our appearance for the Plaintiff, Bank of America National Trust and savings Association, as Trustee under a Pooling and Servicing Agreement dated as of November 1, 1992 for Commercial Mortgage Pass-Through certificates Series 1992 C- 8, in this case. Dated: September 28, 1994 .~~~ Robert J. Hoelscher Identification No. 26746 Drinker Biddle & Reath Suite 1100 1345 Chestnut Street Philadelphia, PA 19107-3496 (215) 988-2700 FNIlI.'/ocrBNT .AP' <t:: tt - ~ -- (]' "'r:':' .,''1 . it. ij . i. -'t ~ ~ 0 a . ~ . ~ ,.... "j- ",...) ~ C;<r:" -t"'" l)-..9 -- -:po c:ro - "'.. ~J .1 i -. on @)2 = ;.....J .... .... V> ...