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HomeMy WebLinkAbout94-06003 'I,) \~~)' -.lfS,li,it.. .ifr":' " ~.1-, 't,j 'I, ~'- '-:il, ','~;'J,(- I" ,.-,1 .1'" !~~!~ ," h:;,II~1 ~r,;~ !,l;j,(!'-J "I"i'i"> !~4;fj:'i;:;_: ':: !-'1'" '/'t ,c ...1 " ' 'I, :~ ~ I (:j \ .t;}. " "'~ ..J .1" / ,/ i I I , ,. i " " " I." i, ' I, , - " I, I, ! / . - J'.l ' ,- , ,- " 1 ' ,- " " , " " ,I " ., " " " : ,'\ " "', , , , " , ! ' " :1 , , " ,0, " II ,/ , " -<t. , , ~ .' . it.,. 9<1... . . Mortgage Note t..O'l1J ~'t ..,-~ . . . us s~QO,ooo.oo D.cember 020 ,19.89 FOR V"'LUE RECEIVED, th. und.rslan.d (h.reinaner called the "Borrower") pramisClto pay CCNB Bank, N...... a national bankin. business association created by and existina under the laws ofthe United States havinl ita principal place of business at 331 Bridae Slreet, New Cumberland, Cumberland County, Pennsylvania (herelnaft.r call.d the "Bank") or to its order, the principal sum of Six Hundr.d Thou.and and no/lOO~- ~__________~________~_________________________________ ($600,000. OO----~ DOLL"'RS topther with inleresl on Ihe unpaid principal balance atlhe rate of --1U_, _ . percent per annum, said prin- cipal and Interest to be paid at the limes and in the manner set forth as follows, to wit: ~fd' Six Hundr.d Thousand and 00/100 Dollars ($600,000.00), lawfu~Rlqpe~lIs afor.aaid, payable Fiv. (5) y.ars from date h.reof, comm.ncing on the ~ day of January , 1990, and thereafter on the first day of each month, said principal and int.rest, at the rete of Eleven Perc'lOt (11. 00%) p~r annum, to be paid in monthly installments of Five Thousand Eight Hundred Eighty and 68/100 Dollars ($5,880.68) until the principal and interest are fully paid. ' It is underatood and agreed that the provision for the payment of principal and interest shall not alter or change the term and maturity of this obligation. Borrowera to pay real eatate taxea and present receipts to bank for verification prior to December 1st of each year. THE LOAN IS PAYABLE IN FULL AT THE END OF FIVE (5) YEARS. AT MATURITY YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID IN~EREST THEN DUE. THE BANK IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE BANK YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME BANK. at th. officeohaid Bank (or such other place as deslgnaled in wrllina by the holder hereof) and shall also, from time to lime. unlilsaid debt and interest be fully paid, renew and keep alive. by pay ins Ihe necessary premiums andcharr,es on such policy or policies of fire, storm. explosion insurance, war damase insurance. or on any and all other insurance. which the Bank, its successors or assigns. may demand for further security of said debt upon Ihe buildinp and improvemenls described in the Mortsase accompany ins and securins Ihis presenl obliption. or any which may be hereafter erected thereon, said policies ofinsurance ofwhalsoever kind 10 be dllposiled wilh the Bank, ilS successors or assigns, and Iransferred by properly reBiSlered and approved assianmenls wilh non'conlribulinS mortpsee dauses anaeMd, and any renewals ofsaid policies \0 be furnished to said Bank alleasl IIven(7) days before Ihe expiration of said policies; in the evenl of loss or damase. Ihe proceeds of said insurance shall be paid 10 Bank alone. Bank is authorized 10 Illjust and compromise such lo.s without the consenl of Borrower . \0 collect, receive and receipt for such proceeds in lhe name of Bank and Bo....ower. and 10 endors~ 80rrower's name upon any check in paYlllfnl thereof. Such proceeds shall be applied toward reimbursemenl of all COSIS and exlXlnses of Bank in colleclins said proceeds. and toward the payment of all aOlounts payable by Borrower 10 8ank hereunder. and loward Ihe paYlllfnt of the indebtedness secured hereby or any portion Ihereaf. whelher or not Ihen due or payable. or Bank al its option. may apply said inaurance rroceeds or any part thereofto Ihe repair or rebuildins ohaid premises, In Ihe .venl ohale of the premises on 'orecl04ure.lhe ownership of all policies of in, sur a nee shall pass 10 Ihe purchaser al said sale and Bo"owe, hereby appoints Bank its allorney-in-'act. in Borrower's name 10 assign and transfer all s~ch policie. 10 such purchaser, The Bo"ower shall also pay. from time to lime, unlilsaid debl and inleresl be fully paid. alllue.. waler and I4Iwer renlS and all char.es and claim., assessed or levied al any lime. pllsenlor fulure. by any lawful authority uJlOO IIle mort....d ptemises. whiel, by any presen,I 0' future law or laws .hall have priorilY in lien or paymenllo Ihe,dellt represented by Ihis obllaalion. and secu,ed by said Mortsase. when and as Ihe sllJlle shall become due and payabM-. and shallaLw uhibil \0 said Bank. ii' successor. ,\t a..igns. receipls for alllaus. waler and sewer renls assessed UJlOO or eharllablelo 1M IO()rtsased property. allh. omce 0' said Bank. or alsuch olher place as may be desianaled by sair.! B&Illl in wrltin... within Iwenly (20) days after such tau. 0' waler or sewer renh havelS:\I been payable al 'ace willlO\ll IIle impotlilion 0' inleresl or penall.... as well a., receip!.s fo, all olher taus '" cha'~es or daims d' ..ery kind and natura which by any presenl or fulure law or laws may be o~ become a lien up''" lhe mortsased properly, prior in lien to sajd Monaa.e, or which may be or become. by any pre,ent or 'ulure law or laws, firsl di,'lribullble or allowable or pay- aw' before saiddellt. 0111 of the proceed. 0' any )udicialsale '0' colleclion of "aid debt, 0"0 dislribulable or allowable or payab" oul 01 the ptlJCeeds of any other Judicial, .ale. withoul any fraud or future dalay. lhen Ihis obliallion to be void', asherwiae to remain in MHorce and.irtu.~ il beina unde"too,hnd as,eed. however. Ihal upon lhe '.ilure ohhe Borrower. Borrower', hei,. or t.1,ians. 10 mainllin said ,n.urance upon Ihe buildina. or to pay lhe la.... wa..r and I4Iwer renls, or asber cha,p,'. claim. 0' hens 1M aforuli",.h. Bank. ,ISlucce..,," Of as.iana, may insur.'ht buikhnlfl. or pay suclltllJlea.. water and sewer ..nt,' or (JIMr charlie". claim" or heM. and 1M sum.,o advan.:ed by lilt Bani. lIS succeilllorurld lII.ilfkl" sl\&lI'" PllY ablt by 'lie Bo'ro...... Borrow..' s IIei" and IIIsi..... lolhe Bank. iluuccnSOf\ and lII.ilfkl. and dlall be ....d 10 and becvme a part oflhe p,inci,al debt hereby secured and ,hall be., in.....llhereon al tIW ,ate Sel 'orlll above unlil paid n,e Borrower c:oven.nll and ....ees: Th.t with the p.yments of principal and interest he will p.y 10 BAlIk. pro r.t. portion of the tues. assessmenll and insurance premiums neltlo become due u estim.ted by the Bank 10 that the Bank will have sufficient funds on hand 10 p.y tues. usessmenll and insurance premiums thirty (30) d'YI before the due dale thereof. Any deflcitlhall immedi.tely be p.1d to Bank by Borrower. Moneys so held Ihall not bear interelt, unlc.. otherwile required by l.w. and, upon def.ull. m.y be .pplled by ll.nk on IICcountofthe mortPle indebtedness. Itlhall be the responsibility of the Borrower to fumish Bank with bills In sufficient time 10 p.y tues before the penalty .tlaches. The Borrower herein &IfIes th.t in the event of the pusale. after the d.te of this Nole. of.ny lew of the Common- wealth ofPennsylvani.. deductinl from the value of the land for the purpose oftuetion. any lien thereon. orchanalnl in any w.y the I.ws now In force for the tu.tion of mort Pies ordebls secured thereby. for sllle or 1oc.1 purposes. or the manner of the c:ollection of any such I.ses. so u to .lTect the Interest of the B.nk, the whole of said principal sum secured by this Note. lo11ether with the Interest due thereon. sh.II, .tthe option ofthe B.nk, immedl.tely become due and payable. The Borrower herein further ....ees th.t If any Installment orlnterest be not paid when due, such installment shall bear interest.tthe rate set forth .bove until paid. In the event th.t any p.yment provided for herein shall become over. due for. period in excess offlfteen( 15)l!.ys, Borrower &IfIes 10 pay ."I.te charp" of Five cenla(5e) 'oreachdollar so overdue for the purpose of defr.yinlllpenses incident to handlinl the delinquent payment. And further, Borrower .arees not 10 conveyor otherwise tr.nsfer title (either lel.1 or equitable) 10 the premises delCribed in the mortpae securin,lhls Note without prior written consent by the Borrower to the specinc transfer. A transfer 10 the survivor 01' devisees or heirs of the Borrower in the event of Borrower's death shall not come within the prohibition of thil covenant. PROVIDED, HOWEVER, and It Is hereby elpressly ...."d that If.t any time def.ull be made in p.yment of said principal sum, orof.ny installmenl orinlerest or premiums orlnsurAllce, as afores.Id, for the space of twenty (20) d.ys, or of any tales, w.ter and sewer rents, municipalassessmentl or charles assessed lIIinst or upon the mortaaaed premises.a afores.id, or any part thereof, or in the elhibltion of the receipts fortues and w.ter and sewer renla.ncr all other lUes or ch.rps or cl.ims aforesaid, on or before the time hereinafter specified for the exhibition thereof. for the spaee oflwenty (20) d,ys,the whole of s aid princip.1 debt or sum toptherwith.1I premiums ofinsurance,taxel, watar and sewer renll paid shall thereupon become due and p.yable, andjudament m.y be entered and ~xecution m.y ilaue forthwith for the collection of the same, and all Interestthereon,toaether wlth.1I fees, COlli and elpenaes of collec:tin, the lame, includinl an .ttorney's commission of five per centum (5%), anythinl herein contained 10 the contrary, notwilhetandina. In the event ofthe takinlof all or any portion ofthe premises described in the mortPle securin, this Note in any proceedinp under the power of eminent domain, the entire .w.rd rendered in such proceedinp shall be p.ld 10 Bank, 10 be .pplied toward rClmbunement orall costs .nd exper.ses of Bank in connection with s.ld proceedinp and toward p.yment of all amounts pay.ble by Borrower 10 Bank under the mortaqe securin, this N ole .nd toward the p.yment of the indebtedness hereby secured, or any portion thereof, whether or not then due or p.y.ble. or Bank.1 ill option, may apply said .ward, or any part thereof, 10 the repair or rebuildinl of said premises described in said mortpp. And it is hereby declared that this obllption is aecompanir.d by Indenture of Mortaale, of even date herewilh, made belween Borrower and s.id Bank, secured upon real estate situated in the the Borougha of Lemoyne and New Cumberland, Cumberland County, Pennsylvania. dud ill thlillo 'l'vwLlbhly vr Fullvll11Jw, lulk CuuuLy. PlIdllllbylvcuala. in s.id Indenture of Mortlale more particularly described. and Is ~ubjectlo all the terms and conditions of s.1d Mortp,e. AND PROVIDED further and il is hereby and thereby expressly a...eed tb.t in the evenl of any breach by Borrower, of any covenant, condition or ....eement of this obliaation, or of said Mortaale. it shall be I.wful for lhe B.nk 10 enter u!'?n all and sinlular the lands. buildinp and premises aranted by said Mortl'le to secure this obli.. tion,lolether wllh the heredit.ments and appurtenances, and each and every part thereof. and to take pos"ssionofthe same and of the fixtures, .ppliances and equipment therein contained, and to h.ve, hold, man'le. leue to the Borrower or any other person or persons, use and operate the s.me in such parcels and on such terms and for such periods oftime as Bank may, in the sole discretion of Bank, deem proper. Ihe Borrower ...."inl thll Borrowerahall and will, wheneverrequested by Bank so to do, assian. transfer and deliver unlo Bank any such leue orsublease; .nd 10 collecl and receive all renll, issues and profits of the said premises aranted 10 secure this ablil.tion and every part thereof, for which this obli,lIion ~hall be a sufficient w.rranl whether or nOlsuch lease or sublease hu been assianed 10 Mortlal'" .nd to make from lime to time .11 alteration~. renovallons, rep.irs and repl.cements therelo.s m.y seem judicious to Banlt. and after deductinllhe cost of .ny or all such alterations. renovations. rep.irs.nd repl.cements and expenses incidenlto t.kln, and rltalnlnl possession of the s.id property and the manalemenl .nd oper.tion thereof, and keepinllhe same property Insured, to .pply the residue or such rents. Issues and pronts. if .ny. arisinl u aforesaid., 10 the payment of all tales, chll'les. claims. assessments. water and sewer rents and any other Uens that may be prior in lien or p.ymenl to said Mortl'le or Ihis obliaalion and premiums for said insurance. with interesl thereon. or to lhe interesl and princip.' due under this oblilalion and secured by said Indenture of MortPle. with all COlli and IIlor. MY'S rees. In such order or priority. as B.nlt, In theaole discrellon of Bank, may determine .ny ~tllute. I.w, custom or use 10 lhe contrary noIwilhstandina; il beinlexpressly a...ee'" however Ih.t the lakinl or possession by Bank, under this provision, shall not relieve any def.ult which may h..ve been m.de by Borro..er. or prevent the enforcemenl of any oflhe remedies by Ihis obliaalion or aecompanylnl Wananl of Allomer or ofsaid Mortlaae provided in case of such def.ult; and il is further expressly understood .nd aareed Ihallhe remedlll by Ihis oblilllion.nd Warranl of Atlorney and said Indenlure provided ror the enforcement of the paymenl of Ihe prlncip.lsum secured by s.id MortPle. IOIether with Interul thereon. as hereinbefore ~pedfled. and for the performan.:e or lhe convenants. condlliOfls and lareemenls, matters and thinp herein contained. ur in said Mortaaae referred w. are cumulative and concurrenl and may be pursued sinaly or successively or loaelher a1lhe sole discretion oflhe Bank.nd may he exercised IS onen IS occasion therefor sfi.1I occur. AND for the purpose of securlna said possession of said morti_..d premises 10 Banlt. in the ev.nl of .ny breKh U.fOffS.id. Borrower does hereby aulho.lze IIIdempower any allorney or any COUrlorCommonPleas in.nyCounly of the Commonwealth of Pennsylvania. or of any other C~IUrllhere or elsewhere. as atlomey for Borrower. as well as 'or all persons claiminl under. by. or Ihroullh 8"rrower. 10 ,ian an aireem'nl 'or enterinl in .nr competenl court an amicable aclion in ejectmenl for ",,,,session oflhe premi"'Jranted by ,aid Mort.....lo..ther wllh Ihe hereditaments IIId appIrtenan.:es. as well as all ntlures. appUances an equ'fmenl of .ny n.ture whaL",.ver. Il(lW 01 herea"" iMlal"du~.or in s.id mortlRled premi.l.es (withoul any Slay 0 ..eculion or appe.l) apinsl said Borrower.nd all persona etaom,n. under. by or th,oullh Borrower and lher..n confeu Jud""enl fOl the recovery by lhe Bank of lilt """session oflhe said morlilRiled premlS" 10..lh" with .be hereditamenl.. and appurten.ncn. 11II well as .11 flalures. .ppliances .nde'luipmenlofany nalurt whal,oev.r. now '" her. ,Iller ,n.ralled u"'", 0' in .aidmort....dprfmi~es. (01 . . . . ,. .... ~. , -, " , . . ... ., . . . . wblc:h Wa obIlpt1on(or atopy thereofverlfled by affidavil) shall be a sumcl~nl warranti whereupon if the Bank 10 deairel, a Writ of Possession may be issued forthwith, without any prior writ or proceeainl whalloever, Borrower hereby releasinl and ....eeinllo release the Bank, from 011 errors and defects whalloever in enterln, such action IlIIdI Of judarnenl and in caulina such writ or wrillto be issued, and in any proceedin,thereon or concerrilnlthe sense, and thereliy qreein, that no writ oferror or <ltljection shall be made or taken therelo, provided thai the Bank shall have med In such ac:tion an affidavit made by Banlr.or somloneon behalfofBank sellin, forth the facia necessary to aulhorlnthe IIIIrY of such judament, accordln,lo the terms of this oblilation, of which facll such allldavitshall be conclualve .vldence. And Borrower does hereby empower any Atlorney of rJlY Court of Record, within the Unlted Statea or .laewher..1o appear for Borrower in any Court, and with or without a declaration filed, conf.ssjud&ment or judamenta aplnst Borrower, Borrower'1 heiralllld u1ians, in favor of the said Bank, or its sUCClsson or uslana. u 01 any 1JIrm, for the above principal sum, toaether with COlts of suit, and atlorney's commission of five per ceotum (5%) for c:ollto- lion, on whlchjudunent, uecution or executione may issue forthwith, on failure 10 comply with any of the condllione of this Note; here6y waiv1na inquisillon and condemnallon of any property levied upon by virtue or AllY such uew- lion, and also waivinl alluemption from levy and sale on any property thai now is or that hereafter may lit exempted under any Act oflhe Assembly, and with a release of all errors. AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and ....eed that in the event there ia more than one party named herein as a Borrower, the linsular word, "Borrower", wherever occurrinl herein, shall lit deemed and taken to mean the plural. AND PROVIDED FURTHER, that all covenants, waivera, options, ltipulatione, Promisell undertalr.lnu, qreem.nll, and riahla and benefits &iven to, and abll,ations or Iiabilit(es impaled upon, ellCh and aI of said partIU herelo shall inur.1o and bind Ihemjoinlly and severally and its, his, her, and their, and each of their, respec:tive heirs, executora, administrators, SUCcelSors and assians. ' AnlST I ~LriL-- S'frater)' WITNESS: ..... (SEAL) -.-.----.--.-..---.--.,.- ~-~ -----..--.--.-.-- -.....-.----.----.-.--.---.---...--..-... ..-..--..-.-, - ---------.--.-.---.-.-..-.-...--- .1,../ (SEAL) , MOil TON" u.ANZlUIC' DONALD W. HAkkOON' LM,lINCI J "IlIM JOAN 1l.\HIAl' l09TT A a MCkU. JOHN ~PUWAN lKHAIlD 110UW.AN ALAN W. 1'-03lN' WilLIAM.. THOMPSON' WArTHa. H IlA,WIN,S JASON M. ~HAIlGaL JlfU,IY kUllTlMAN' MAIlIt ~ KANNIY' JILL I JAc.:HfJl'" OA VID J MAIlCULUt JOHN J WINTlIl' klITH", IlAP\.AN' UI'Ii\l T PAUY A..I P 'UTMAN !TlVI!N C. "INTlIl~' JOHN Il 'IOIlILLo- IlNJAMIN 0 JOGODNtlt' IrAL SHIFf" MAII.JOIlII ^ THOMA!' lICH^"D M. I(CIC.' MlCHAIL J COIlDON! J0.5IPH G GlIIOM' 'lIDlllICIt J mHU.' JOSHUA It.. SlAVITT' C.llALD , 3 r MllECIlEIlIll' LIVING! raNI! " JOHNSON DANI!lJ O'I\OIJIlIC.1 KLEHR. HARRISON, HARVEY, BRANZBURG & ELLERS WILLIAM ^ HAlIIIY UONAkD hot ItUHk ItOilllf C !lIGIIl. JI'-' ilONA J IlOUN' MAU L "LOIIMAN UIPHIN r IUlDUMY' $TU"" r ASKor 'AIlOL ANN .sLOCUM' GAil Y 'W LIVI' M NOlMAN (,OLOlfIlGfll Ml01AlL (. I'OIlM.'N' IIlIAN J !I:JKO MIOlllfL It COIt.^"~ fIl.ANCI."I '~cOUILl.. JIl' MAiley N HAil r "A YN! D BLOCH PAUL G NOf!R GAilY A DWncU- IC!VIN 'W MAHONlY- DINI~! M DAY- NANCY J FLlCKSf!IN- MARIA! MArno BAIlRY J 'lieu" DAVID L lICHIi'MAN ALfRED ^ BROWN- MARl I GANCADIAN- rOOD L SIl VIRBIIlG- H1PUI!N P LlUK1- MINDY I'RIEDMAN- JEFFIlI!Y H COHEN 'l'1L.LIAM " MA rrH!W' Ill- mMIAN to rUI!RIAN- ArTOJlNEV,S ^T LAW' 1401 W ^lNIJT HREET PHll^DElPfll^ PENNlYlV^NJ^ 19102.3163 NTHUHIW OOICI 661AH lLlZAIITH AVl - 10TH nooll IITHlOOW. PU-INSYLVANIA 1e.,18.6'!l20 (216) ..32.tB03 (215) 568-6060 '^X, (215) 568.660.3 NEW JlkSlY OFFICI cot. WICK. SUITE 200 51 HADDON'IILD IlOAD t;HlkllY HILL. 1'1I1" JIk.'lY 08002,"808 160Q) ..ee -1000 October 18, 1994 DILA'*'AR10FFICI 222 OfLAWARE AV1NUI . SUITI 1101 'WILMlNeTON. D!t.AWAIlI18&OI-ltl21 (302) "26-1189 AIlNOLD I COHIN OllCOUNW, -ALSO MEMIlf.R NI!" JEJl~ey BAR -MINIEl NI'I' YORIt Mil ONL y t MlMBlll DELA'I'AIllMfl ONL Y VIa ..O.aAL .Z..... Prothonotary CUmberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Re: PNC Bank, N.A. v. John A. Baker, James E. Blacksmith and Raymond C. Grandon, Jr., individually and as co-partners trading as Gee sees, Ltd. and Rose Mary Baker, Joann J. Blacksmith and Nancy K. Grandon Dear Sir/Madam: I am enclosinCJ with this letter the original of a Mortgage Note which provide. for a confe.sion of judqment purluant to Pa.R.Civ.P, 3951(a), tOCJether with a certificate of re.idence, affidavit of bu.ine.s purpo.e and Rule 236 notice. I am also enClosing 10 additional copies of all of the foregoing, toqether with sta.ped envelopes address.d to each of the defendant.. Pursuant to the term. of the MortCJaCJe Note, plea.e enter judgment against each of the defendants in the amount of $600,000,00. Thereafter, plea.e forward notice of the judgment and copies of all of the docu.ents to each of the defendants in the envelope. provided and, additionally, return a time-stamped copy to the under.igned in the additional .elf-addres.ed Ita.ped envelope provided. Our cheok in the amount of '14.50 i. enolo.ed for your l11in9 fee. I'NC 8ANIt, NATIONAL ASSOCIATION, .uaa...or by .erger to CCNB 8A.IfK, II.A., ) ) ) ) ) ) ) ) JOHN C. BAIt.a, JAKJ:S I. BLACKSMITH ) aDd RAYMOND C. GRANDON, JR., ) individually and a. co-partner. ) trading a. GII BIIS, LTD., ) and ) RO.I NARY BAIt.., JOANN L, ) BLACUMITH AND NANCY K. GRANDON, ) ) ) ) Plaintiff, v.. Defendant. . IN THI COURT OJ' COMMON PLDS OJ' CUNBIRLAND COUNTY, PINNSYLVANIA CIVIL ACTION - LAW NO.1 94-6003 Civil Term AND NOW, come the Defendants in the above action by their attorneys Morgan & Morgan, P.C., and make their Motion for Special Relief in the form of a prompt hearing, as follows: 1. Defendants have suffered the wrongful entry of a judgment by confession to the above term and number as set forth in Defendant's Petition to Open and/or Strike Judgment filed contemporaneously with this Motion. 2. As a result of said wrongful entry of judgment against the Defendants, the Defendants have been caused to suffer and continue to suffer immediate and irreparable harm to both their personal and business rights and relationships, as follows: a. Defendants Raymond C. Grandon, Jr. and Nancy K. Grandon, who were in the process of constructing their new home, have been denied continued funding of the construction by the home mortgage lende~, Dauphin Deposit Bank and Trust 2 Company, because the lien of the said confessed judgment has interferllld with the ability of Dauphin Deposit Bank to continue to adequately secure its future advances against the real property upon which said home is being constructed. b. Defendant James E. Blacksmith, a medical doctor, is unable to complete the contracted sale of his medical practice to Harrisburg Osteopathic Hospital because the entry of said confessed judgment. has imposed a burden on him and his medial practice in violation of the terms of sale of said medical practice. c. Defendant Gee Bees, Ltd., is unable to consummate negotiations for the sale of premises located 110 N. 7th Street, Lemoyne, Pennsylvania because the entry of said confessed judgment has caused the purchaser to reconsider the economic viability of such purchase which, inter alia, contemplated the t.enancy of the Osteopathic Hospital as substitute tenant for Dr. James E. Blacksmith. d. Defendants John C. Baker and Raymond C. Grandon, Jr. and an innocent third party, Dr. Raymond C. Grandon. are unable to complete the construction of several townhouse properties which are under contracts of sale and scheduled for closing as early as December l, 1994, because the lien of said confessed judgment has interfered with the ability of Dauphin Deposit Bank and Trust Company to advance any more construction financing to fund the completion of said properties and contracts. )