HomeMy WebLinkAbout02-3564Attorneys for Plaintiffs:
JAMES A. DIAMOND, ESQUIRE
Pa. I.D. No. 43902
JOIENSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
P. O. Box 98, Camp Hill, PA 17001-0098
Phone: (717) 975-5500
CONNECTICUT GENERAL LIFE INSURANCE
COMVa~n', a Connecticut Corporation,
Plaintiff
ROBERT L. PHAM and NAOMI PHAM, Adult
Individuals,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
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 $36,623.40
Attorneys' Fees (5%) Commission 1,831.14
Total $38,454.57
Respectfully submitted,
JOHNSTON & DI~V~OND
Suite 100, 150 Corporate Center Drive
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
(717) 975-5500
Dated: July 23, 2002
/[anfies A. Diamond, Esquire
~. I.D. No. 43902
Attorneys for Plaintiffs:
JAMES A. DIAMOND~ ESQUIRE
Pa. I.D. No. 43902
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
P. O. Box 98, Camp Hill, PA 17001-0098
Phone: (717) 975-5500
CONNECTICUT GENERAL LIFE INSURANCE
COMPANY, a Connecticut Corporation,
Plaintiff
V.
ROBERT L. PHAM and NAOMI PHAM, Adult
Individuals,
Defendant
IN TI-IE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
COMPLAINT IN CONFESSION
OF JUDGMENT FOR MONEY
Plaintiff, CONNECTICUT GENERAL L1FE INSURANCE COMPANY, a Connecticut Corporation,
through its attorneys, James A. Diamond, Esquire and the law firm of Johnston & Diamond, P.C.,
brings this action pursuant to Rule 2950, et seq., of the Pennsylvania Rules of Civil Procedure,
whereby Plaintiff confesses judgment jointly and severally against Defendants, ROBERT L. PHAM and
NAOMI PHAM, for money in the total amount of $38,454.57, on the basis of a Suretyship Agreement
relating to a commercial shopping center lease, and in support thereof alleges as follows:
1. Plaintiff, Connecticut General Life Insurance Company (hereinafter"Landlord"), is a
Connecticut corporation which has a place of business at the Camp Hill Shopping Mail, 32nd Street
and Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as
"the Mall"), which is an enclosed shopping mall.
2. Defendants Robert L. Pham and Naomi Pham (heminafter"Guarantors") are adult in-
dividuals with a last-known address at 1106 Waynesford Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
3. Landlord's predecessor-in-title and Guarantors entered into an instrument styled as a
"Suretyship Agreement" in which Guarantors agreed to act as sureties with respect to the obligations
of Mani Caffe International, Inc., a Pennsylvania Corporation trading as Mani Caffe (hereinafter
"Tenant"), regarding a simultaneously executed commercial shopping center lease dated March 31,
2000, pursuant to which Tenant leased from Landlord's predecessor-in-title a certain store premises
in the Mall designated as Store No. C-3. A true and correct copy of the said Suretyship Agreement is
attached hereto as "Exhibit 1" and incorporated herein by reference.
4. The said Suretyship Agreement that is attached to this Complaint as "Exhibit 1" and
incorporated herein by reference, is a true and correct copy of an instrument which has been executed
by Defendants.
5. The Suretyship Agreement was entered into between Landlord's predecessor-in-title
and Guarantors as an inducement by Guarantors and Tenant for Landlord to enter into the commer-
cial shopping center Lease regarding Tenant's conducting a retail business at the Camp Hill Shop-
ping Mall.
6. The Instrument, which is the Suretyship Agreement attached to this Complaint as
"Exhibit 1," and the related commercial shopping center lease with Tenant, do not constitute or relate
to any residential lease.
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7. The judgment being entered herein by confession is not entered against any natural
person in connection with a consumer credit transaction.
8. On the contrary, the said Suretyship Agreement upon which the Judgment is being en-
tered relates solely to the commercial shopping center lease between Landlord's predecessor-in-title
and the corporation constituting Tenant, in which both Guarantors were at relevant times corporate
officers.
9. Under the terms of the Suretyship Agreement, Guarantors are jointly and severally
bound by each and every covenant and obligation under the said commercial shopping center lease
between Landlord's predecessor-in-title and Tenant with the same force and effect as if Guarantors
were designated in and had directly executed the said shopping center lease as tenants.
10. Pursuant to the terms of the Suretyship Agreement, Guarantors, immediately upon any
default by Tenant, are unconditionally liable to Landlord for the sums in default.
11. As is more fully set forth in the "Affidavit of Default" attached hereto as "Exhibit 2"
and incorporated herein by reference, as of July 1,2002, Tenant was in default to Landlord under the
commercial shopping center lease with respect to which Guarantors are Sureties in the principal
amount of at least $36,623.40.
12. Landlord has demanded from both Tenant and Guarantors payment of the amounts in
default, including most recently by virtue of notices dated June 26, 2002 sent by Landlord, through
its counsel, to Tenant and to Guarantors, copies of which are attached hereto, collectively marked as
"Exhibit 3," and incorporated herein by reference.
-3-
13. Despite the said demands by Landlord to both Tenant and to Guarantors for payment
of the amounts in default, Tenant and Guarantors have failed or refused to pay such sums in default.
14. Pursuant to the Suretyship Agreement, Landlord is entitled to confess judgment for
the said sums in default by Tenant which are due under the Suretyship Agreement, together with an
attorney's commission of five (5%) percent thereof, and costs.
15. The following assignments of the instrument have been made since its execution and
delivery: The Suretyship Agreement under which Judgment is being confessed, as well as the said
commercial shopping center lease to which it relates, along with all other leases and Suretyship
Agreements relating to the said Mall, were assigned to Landlord by the prior owner of the shopping
center, Camp Hill Shopping Center Associates, a Pennsylvania General Partnership, effective No-
vember 1, 2000, in connection with a conveyance of the Mall property to Landlord.
16. There has been no prior exercise of the warrant of attorney to confess judgment con-
tained in the said instrument in any jurisdiction.
17. As is more fully delineated in the Affidavit of Default which is attached hereto as
"Exhibit 2" and incorporated herein by reference, the amount due and payable from Defendants un-
der this instrument is as follows:
Principal
ttorneys Fees (5%) Conumss~on
Total
$36,623.40
1,831.14
$38,454.57
-4-
WHEREFORE, Plaintiff demands that judgment be entered against Defendants, jointly and
severally, in the amount of Thirty-eight Thousand, Four Hundred Fifty-four Dollars and Fifty-seven
Cents ($38,454.57), as authorized by the warrant of attorney contained in the instrument.
Respectfully submitted,
JOHNSTON & DI~V~OND
Suite 100, 150 Corporate Center Drive
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
(717) 975-5500
Dated: July 15, 2002
.ies A. Diamond, Esquire
.D. No. 43902
Attorneys for Plaintiff
-5-
EXHIBIT 1
SURETYSHIP AGREEMEN3
In consideration of the execution by Landlord of a Lease Agreement dated as of the
__ day of March, 2000, between CAMP HILL SHOPPING CENTER ASSOCIATES as
Laudlord and MANI CAFFE INTERNATIONAL, INC,, trading as MANI CAFFE (hereinafter
"Tenant"), respecting certain store premises in Camp Hill Shopping Center, Camp Hill,
Pennsylvania, the undersigned, (hereinafter referred to as" u ' ' ·
S rety ) ntendmg to be legally bound
hereby, hereby becomes surety for the prompt and faithful performance by Tenant of the Lease
and all the terms, convenants and conditions thereof including, but not limited to, the payment by
Tenant of the rantal and all other sums to become due thereunder.
Surety agrees that (I) this obligation shall be binding upon Surety without any further
notice or acceptance hereof, but the same shall be dt~'ned to have becn accepted by the
execution of the Leas~; (2) immediately upon each and every default by Tenant, without any
notice to or demand upon Surety, Surety will pay to Landlord the sum or sums in default and will
comply with or perform all the terms, covenants and conditions of the Lease which shall be
~inding upon the aaid Tenant as provided in the Lease; (3) no extension, forbearance or leniency
extended by Landlord to the said Tenant shall discharge Surety and Surety agrees at all times it
will be liable notwithstanding same and notwithstanding the fact that Surety has had no notice of
any said default or of any said forbearance or extension; (4) at any time or times enter into such
modificationa, extensiom% amendments or other covenants respecting the Lease and that Surety
shall not be released thereby, it being intended that anyjoinder, ~alvef, consent or agreement by
Tenant by its own operation, shall be deemed to be a joinder, consent, waiver or agreement by
Surety with respect thereto and that Surety shall continue as Surety with respect to the Lease as
so modified, extended, amended or otherwise affected; (5) neither the Surety's obligation to
make payment in accordance with the terms of this agreement nor any remedy for the
enforcemant thereof shall be impaired, modified, changed, released or limited in any maimer
whatsoever by any impairment, modification, change, release or limitation of the liability of the
tenant or its estate in bankruptcy or of any remedy for the enforcemant thereof, resulting from
the operation of any present or future provision of the National Bankruptcy Act or other statute,
or from the decision of any court.
Surety further agrees to be bound by each and every covenant, obligation, power and
anthurization, without limitation, in the Lease, and with the same force and effect as if it were
designated in and had executed the Lease as Tenant thereunder.
The undersigned, jointly and severally hereby authorize and empower any prothonotary
or attorney of any Court of Record of Pennsylvania, or elsewhere, to appear for and sign for the
undersigned an agreement for entering in any competent Court an action or actions for the
recovery of any sum or sums of money which may be due or become due hereunder, and ill said
action or actions to confess judgment against the undersigned for said sum or sums, as of any
term, with or without declaration filed, and with attorney's fees, interast and costs together with
an attorney's commission of five (5%) percent thereof. Said authority shall not be exhausted bY
one exercise thereof, but judgment may be confessed as aforesaid from time to time and as often
as any said sum or sums becomes due hereunder, and such powers may be exercised as well after
tile expiration of the original term during any extension or renewal of the the Lease.
In any such action, Landlord shall first cause to be filed in such action an affidavit made
by it or someone acting for it setting forth the facts necessary to authorize tbe entry of judgment,
of which facts such affidavit shall be conclusive evidence, and ifa tree copy of this Suretyship
Agreement be filed in such action, it shall not be necessary to file the original as a warrant of
attorney, any role of court, custom, or practice to the contrary notwithstanding.
The undersigned expressly waives the benefits of law, now or hereafter enforced,
exempting any goods of other property from distraint, levy or sale in any legal proceedings taken
by.Landlord to enforce any rights under this Suretyship Agreement. The andersigned further
wmves the right to delay execution on any real estate that may be levied upon to collect any
amount which may be due under the terms and conditions of this Suretyship Agree~nent, and
authorizes the prothonotary to enter a Writ of Execution or other process upon tile undersigned's
voluntary waiver, and further agrees that the said real estate may be sold oil a Writ of Execution'
or oilier process. , .
If this Suretyship Agreement is executed by two or more part/es, it shall be the joint and
several obligation of all such parties, and shall not be revoked or impaired as to any by the death
of ~11 or any of such parties, or by the revocation or release of any obligations hereunder, by or
agaurst all or any of such uther parties.
· IN WITNESS '¢, 2REOF, the undersigned has c~sed3h., Suretyship A~eement to be
duly executed this dayof. Dez::,:',,c,,1999.
,~-~. \ ~1," t--g/,,a-
ROBERT PHAM
Address: ~
(Home) ~ d,~'~
NAO~ VHAM
(Home)
EXHIBIT 2
Attorneys [or Plaintiffs:
JAMES A. DIAMOND, ESQUIRE
Pa. I.D. No. 43902
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
P. O. Box 98, Camp Hill, PA 17001-0098
Phone: (717) 975-5500
CONNECTICUT GENERAL LtFE INSURANCE
COMPAt,~Y, a Connecticut Corporation,
Plaintiff
ROBERT L. PHAM and NAOMI PHAM, Adult
Individuals,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.
CIVIL ACTION - LAW
STATE OF NEW JERSEY
COUNTY OF GLOUCESTER
AFFIDAVIT OF DEFAULT
SS.:
I, NINA R. KILROY, being first duly sworn, depose and say as follows:
1. I am Senior Vice President of Metro Commercial Management Services, Inc.,
agent for Connecticut General Life Insurance Company (hereinafter "Landlord"), with respect to
the Camp Hill Shopping Mall in Camp Hill, Cumberland County, Pennsylvania.
2. I make this Affidavit of Default in support of Landlord's Complaint in Confession
of Judgment for Money against Defendants Robert L. Pham and Naomi Pham.
3. Connecticut General Life Insurance Company is, and at all relevant times on and
after November 1, 2000 has been, owner and Landlord with respect to the shopping center lo-
cated at 32nd Street and Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011,
commonly known as the "Camp Hill Shopping Center" or as the "Camp Hill Shopping Mall."
4. Connecticut General Life Insurance Company became owner and Landlord with
respect to the said shopping center by virtue of a conveyance effective November 1, 2000, from
its predecessor-in-title, Camp Hill Shopping Center Associates, a Pennsylvania General Partner-
ship that had previously owned the shopping center.
5. According to the business records of the shopping center for which I, and those
under my supervision, are custodians, Landlord's predecessor-in-title leased certain commercial
retail store premises designated as Store No. C-3 in the Mall to Mani Caffe International, Inc., a
Pennsylvania Corporation trading as Mani Caffe, pursuant to a Lease dated March 31, 2000, and
simultaneously entered into a Surety Agreement with Robert L. Pram and Naomi Pram, who at
relevant times were corporate officers in Mani Caffe International, Inc.
6. Mani Caffe International, Inc., as of July 1, 2002, was in default in the payment of
its obligations under the said Lease in the principal amount of at least $36,623.40, as is more
fully set forth in the Statement of Delinquencies which is attached hereto as "Affidavit Exhibit
A," and incorporated herein by reference.
7. A tree and correct copy of a Suretyship Agreement that was entered into by Land-
lord's predecessor-in-title and Robert L. Pham and Naomi Pram simultaneously with the execu-
tion of the said shopping center lease between Landlord's predecessor-in-title and Mani Caffe
Intemational, Inc., is attached to Landlord's within Complaint as "Exhibit 1" and is incorporated
herein by reference.
8. As of the date of this Affidavit, neither Mani Caffe International, Inc. nor Sureties
Robert L. Pham and Naomi Pram have paid the said amount in default, notwithstanding de-
mands for payment by Landlord to both Mani Caffe International, Inc. and to Robert L. Pham
and Naomi Pham.
9. All of the leases and related Surety Agreements regarding the Camp Hill Shop-
ping Mall were assigned to Landlord by the prior owner of the shopping center, Camp Hill
Shopping Center Associates, effective November 1, 2000, in connection with the conveyance by
which Landlord became owner of the Camp Hill Shopping Mall.
NII~r~ KILROY
On this, the [7 day of ~ ,2002, before me, a Notary Public, the under-
signed officer, personally appea~d .o .
N~na R. Kilroy, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and seal:
JILL J. H~S
NOTARY PUBLIC OF NEW JERSEY
~ Co~ssion Expires Janua~ 20,2~5
-3-
Affidavit Exhibit A
(7/12/02 Statement of Delinquencies)
87/12/26~J2 12:25 7177376429
07/]2/200! ~:,~:$I ]~A~ 658 ~6
CAHPHZLL NAIL PAGE 62/63
NL~TIt 0 ¢01~"R¢ 'r A~, ~002
1/1/01 B I~ E./MI NJMI. JM RF~NT CH '1.00~.0~
2~0~ O CAM CHARGE
22~1/0~ E ELE~JI~iC CHARGE CH 15000
Z,'lfOf H HV~ REGULAR
NI/0f R ~ ~ATE T~
~1 C ~ ~GE CH
1~1 H NV~ ~GU~fl
7/~I R ~ ESTAT~ T~
~1~1 H ~ REGU~R ~ 75~00
W1~1 H ~AC ~GU~ ~ 7500
f~l ~1 C C~ ~OE CH
07/12/2062 12:25 7177376429
CAHPHILL MALL PAGE 83/83
~lH'~O COIOmRCI&L
ENTITY:
EXHIBIT 3
CHARLES W. JOHNSTON
JAMES A. D~AMOND*
*Also Admitled to NJ Bar
LAW OFFICES
JOHNSTON & DIAMOND
A PROFESSIONAL CORPORATION
SUITE 100
150 CORPORATE CENTER DRIVE
P. O. BOX 98
CAMP HILL, PENNSYLVANIA 17001-0098
TELEPHONE
(717) 975-5500
TELECOPIER
(717) 975-5511
June 26, 2002
Mr. Robert Pham and Ms. Naomi Pham
1106 Waynesford Road
Mechamcsburg, PA 17050
Re: Camp Hill Mall - Surety Agreement Concerning Mani Caffe Lease
Dear Mr. and Mrs. Pham:
As you know, I am attorney for Connecticut General Life Insurance Company (hereinaf-
ter "CIGNA"), current Owner and Landlord of the Camp Hill Mall in Camp Hill, Pennsylvania.
Given your direct personal involvement with the operation of the business, you are presumably
well aware of the serious monetary delinquencies of Mani Caffe International, Inc., doing busi-
ness at Mani Caffe. I am, on behalf of CIGNA, nevertheless enclosing a separate courtesy copy
of the formal Notice of Default that recently has been sent to Mani Caffe by CIGNA just to make
sure you understand the seriousness of this matter. Please remember that if Mani Caffe does not
cure its delinquencies, you are each personally liable, by virtue of the Surety Agreement, for any
arrearages that are not cured.
We trust that you will make sure that the delinquent obligations of Mani Caffe are given
prompt attention.
If you have any questions, you--or your attorney, if you are represented in this matter--
should feel free to call me.
JAD/jff
Enclosure
cc: Dennis Barris, Property Manager
Very truly yours,
JAMES A. DIAMOND
Nina R. Kilroy, CPM, Sr. Vice President
CHARLES W. JOHNSTON
JAMES A, DIAMOND*
*Also AdmiRed to NJ Bar
LAW OFFICES
JOHNSTON ~: DIAMOND
A PROFESSIONAL CORPORATION
SUITE 100
150 CORPORATE CENTER DRIVE
P. O. BOX 98
CAMP HILL, PENNSYLVANIA 17001-0098
June 26,2002
TELEPHONE
(717) 975-5500
TELECOPIER
(717) 975-5511
VIA LIPS OVERNIGHT AIR
Mani Caffe International, Inc.
ga Mani Caffe
Camp Hill Shopping Mall
32nd Street and Tfindle Road
Camp Hill, PA 17011
Re:
Camp Hill Mall - Mani Caffe - Store No. C-3
Notice of Default
Dear SirfMadame:
As you are aware, I am attorney for Connecticut General Life Insurance Company (here-
inafter "Landlord"), Owner and landlord of the Camp Hill Mall in Camp Hill, Pennsylvania. I
am writing on behalf of Landlord to formally notify Mani Caffe International, Inc., doing busi-
ness as Mani Caffe, that it continues to be seriously in default with respect to its monetary obli-
gations under the Lease.
As is more fully reflected in the enclosed Statement of Delinquencies, Mani Caffe, as of
June 1, 2002, had a delinquency in the principal amount of at least $36,171.70. (This does not
included charges due on or after June 2, 2002, adjustments to payments made on account, inter-
est, attorneys' fees, late fees, or other charges that may be assessed in the future.) Mani Caffe
has continued with its material defaults notwithstanding prior notification from Landlord.
If Mani Caffe does not cure all outstanding delinquencies within ten (10) days of this no-
tification, Landlord intends to pursue all of its rights and remedies in accordance with the Lease
and Pennsylvania law. These remedies at Landlord's option may include, but not be limited to, a
termination of the Lease. Pursuant to the Lease, Mani Caffe may be subject to liability for Land-
lord's attorneys' fees and court costs in addition to other sums due under the Lease if Landlord is
forced to pursue a judgment against Mani Caffe. It is, therefore, in Mani Caffe's best interests to
immediately remedy its material defaults.
Mani Caffe International, Inc.
t/a Mani Caffe
June 26, 2002
Page 2
Should have any questions, you---or Mani Caffe's attorney, if it is represented in this
matter--should direct them solely to my office, as attorney for Landlord.
Very truly yours,
JOHNSTON & DtnMOND, P.C.
B Y~/~J~ees A.~Diamon~/~
JAD/jrf
Enclosure
CC:
Dennis Barns, Property Manager
Nina R. Kilroy, CPM, Sr. Vice President
06/25/2002 16::33 ~=.~,.~ 8S6 866 1611 ~-"1~0 COU~mRc'r.~, ~]002/01!
DatabaSe: METRO3 Aged Dellnquencta~ Page; 1
Data: 6r25/02
ENTITY: 873402 CAMP HILL SHOPPING MALL Time: 04.24 PM
Period; 06/~2
Inv01~e Dele Category So~oe Amount Current I Month 2 Nk~ths 3 Monb'~a 4- f~,onth$
12/1/00 MA MERCHANT AssoCIATION CH 13.0g 0.00 0,00 0.00 0.00 13.09
111~t B BA~FJMINIMUM RENT CH 1.000,00 0.00 O.OD 0.IX) 0,~0 1,000.00
2/1/01 B BAbE/MINIMUM RENT CH 1,250,00 O.OB 0.00
2/t/01 C CAM CHARGE CH 310.80 0.00 0.00 0.O0 0.00 310.80
2/1/01 E ELECTPJC CHA~GE CH 150,00 0.00 0_00 0.00 0.00 150.00
2/1/01 H HVAC REGULAR CH 75.00 0.0~ 0.00 0.00 0.0O 75,00
2/1/01 MA ME/~74ANT A3SOCIATION CH ~0.00 0,00 0.00 0.00 0.00 50.00
2/1/01 R REAL Ebb'AYE TAX CH ~2.29 0.00 0.00 0.00 0.00 52.29
3/1/01 B BABE/MiNIMUM RENT CH 1,250,00 0.0~ 0.00 0.00 0.0O
3/1/01 C CAM CHARGE CH 310,80 0.0D 0.00 0.00 0.00 310,60
3/1/01 E ELECTF~IC CHARGE CH 150.00 0.0O 0.D0
3/I/01 H HVAC REGULAR CH 75.00 0,00 0.O0 0.O0 O.0O 75,00
9/1/01 I~ ME. RCHANT A~SOCiATION OH 50,00 0.00 0.00 0.00 0.00 50.00
3/~/01 R REAL F-.~TATE TAX CH 52.29 0.00 0.00 0,00 O.00 52.29
4/1/0t B BASE/MINIMUM RENT CH 1,2F~,00 O.00 0.00
4/1/0'1 C CAM CHARGE CH 310,80 0.00 0.00 0.00 0-00 310.80
4/1/01 E ELECTTUC CHARGD- CH 150.00 0.00 0.00 0.00 0,00 1S0.0D
4/'1/01 H HVAC REC-~Jt. AR CH 75,00 0.00 0.00 0.00 0.00 7S.00
4/1/01 MA M~RCHANT ASSOCIATtON CH 50.00 0-00 0.00 0.00 0.00
4/1/01 R REAL ES'FA'I~ TAX CH 52.29 0.00 D.0~ 0,00 0. DO 52.29
"V1/0'1 B I~A~E/MINIMUM RENT CH %250.00 0.00 0.00
5/t/0t C ~ CT~AR~iE CH 310.80 0_00 0.00 0.00 0.00 310.80
5/1/01 E ELECTRIC CHARGE CH 150.00 0.00 0.00 0.00 0,00 1SO.00
5/t/01 H HVAC REGUL.ad~ CH 75_00 0.00 0,00 0.0O 0.0O 75.00
5/1/01 MA MERCHN~T A~$OC!ATION CH 50.00 0.D0 0.00 0,00 0.0O 50.00
5/t/01 R REAL ESTATE TAX CH 52.29 0.00 0.00 0.00 0,00 52.29
,5~2/01 'CX EXCESS CAM CH 349.04 0.00 0.00 0.00 0,00 349.04~
5/2/01 RX EXCE$~ RE TAX CH 135.67 0.0D 0.00 0,00 0.00 135.57
6/1/01 B BASE/MINIMUM F~NT CH 1 ,ZS0.00 0.00 O. DO 0,00 0.00 1,250.00
6/1/01 C CAM CHARGE CH 396.28 0.00 0,00 0.00 0,00 396.28
5/1/0'1 E ELECTRIC CHARGE CH 150.00 0.00 0,00 0.00 0_00 150.00
6/~/0~ H ~ I-IVAC REGULAR CH ?5.00 0.00 0,00 0.00 0.00 75.00
6/1/0t MA MERCHANT ASSOCIATION CH 50.D0 0.00 0.00 0.00 0.00 50.00
6/1/01 R REN_ ESTATE TAX CH 85.S2 0.00 0.00 0. D0 0,00 85.~2
?1110'1 S BA~E/MINIMUM RENT CH 1 ~.50.00 0.00 0.00 0.00 0.00 1.250.00
711/01 C CAM CHARGE CH 39S~8 0.00 0.0~ 0,00 0_0~ 396,28
?11/01 E ELEC'I'RIC CHARGE CH 150.00 0,0~ 0-~0 0.00 0.00 150_00
7/1/01 H HVAC REGULAR CH 75,00 0~00 0,00 0.~0 0.00 75,00
711/01 MA MERCHANT A~$OC~A'/~ON CH 50.C0 0-00 0,B0 0.00 0.0G .~.00
711/01 R REAL E~TA'I'E TAX CH B5.52 0.00 0.~(I 0.00 O.00 85.52
6/1/01 B B,~F--/MINIMUM RENT CH 1,2,~0.00 D.00 O.DO 0,00 0,00 1,250.00
6/1/01 C CAM CHARG~ CH 398,28 0.00 0.00 0,00 0.00 396.28
8/1/01 E El F'., I i~iC CHAF~GE CH 150.00 0.130 0,00 0.00 0~00 100.00
6/1/01 H HVAC REGULAR CH 75.00 0.00 0.00 0.00 0.00 75.00
6/~/0~ MA M~RCHANT A~SOCIAT1ON CH 50.00 0.00 0.00 0.00 0.00 50.00
8/1/01 R REAL ESTATE TAX CH 85.52 0.00 0.00 0.00 0.00 85.52
9/1/01 B BASF/MINIMUM RENT CH '1,250.00 0.00 0.00 0.00 0,00 1,250.00
9/1/01 C CAM CHARGE CH 396.28 0.00 0.00 0.00 0.00 396.28
9/1/01 E ELECTRIC CHARGE CH 150.00 0.00 0,00 0.00 0.00 150.00
911/01 H HVAC REGULAR CH 75.00 0.00 O,D0 0.00 0.00 75.00
g/1/01 MA MERCHANT ASSOCIATION CH 50.00 B.O0 0.00 0,00 0.00 50.00
9/1/01 R REAL ESTAT~ TAX CH 85.52 0.00 0.0~) 0.00 0.O0 85.52
10/1/01 B BASE/MINIMUM RFNT CH ~ ,250.00 0.00 0,00 0.00 0.00 1,250,00
10/1/01 C CAM CHAF4GE CH ~9§.2B O.OD 0,00 0,00 0.00 396.2~
10/1101 E EI. ECTFUC CHARGE CH 150.00 D.BO 0.00 0.00 ~.00 150.00
06/25/2{}02 16:34 FAZ $56 866 1611 ~'~'RO CO~ER_CIAL {~003/911
Databese: METRO3
ENTITY; 873462
Aged DellnquenC~S
CAMP HILL SHOPPING MALL
Period: 06/02
04:24~ PM
Invoice Date C~tegory Source ~l°~nt
10/1/01 H I-IVAC REGU!-~R CH ?'5.00
10/1/01 MA ME~CHANI' A,~OClATION CH 50.00
10/1/01 R REAL ESTATE TAX CH 85,52
111~/01 B BA~E/MINIMUM RENT CH 1,250,00
tl/1/01 C CAM CHN~GE CH 396 ~.8
11/1/01 E ELECTRIC C;-t~GE CH tB0~00
11/1/0t H HVAC REGULAR CH 75.00
11/1/01 MA I~--'R~ A~SOC1ATION CH 50.00
11/1/01 R REN. ESTATE TAX CH 85.52
t2/I/01 B BASE/MINIMUM RENT CH 1 ~50.00
12/1/01 C CAM CHARGE CH 396,25
12/1/0t E ELECTRIC CHARGE CH 150.00
12/1/01 H HVAC REGULAR CH 75.00
12/'1/01 MA IdI~'CHN~R' ASSOCIATION CH 50.00
12/1/01 R REAL ESTA'I~ TAX CH 85.52
I/1/02 B BASFJMINIMUM RENT CH 1~Z00.00
1/1/02 C C, NM CH.N~GE CH 540.00
t/t/02 E ELECTRIC CHN~GE CH 150.00
111/02 H HVAC REGULAR CH 75.00
t11/02 MA MERCHANT ASSOCiATiON CH ~0.00
1/1/02 R REAL ESTATE T,a,X CH 97,00
2/1/02 El BA~E/MINIMUM RENT CH 1,250.00
2/1/02 C CAM ~ CH 540.00
2/1/02 E E].EC3~IC CHARC~E CH 150.00
2/1/02 H HVAC REGU'~ CH 75,00
2/1/02 MA M~RCHANT ASSOCIATION CH 50.00
2/t/02 R REN. ESTATE TAX CH 97.00
2/28/02 CX EXCE~ C~ CH 1,16&75
?J28/02 RX EXCESS RE TAX CH 102,69
3/1/02 B BA~EJMINIMUM RENT CH 1,250.OO
3/1/92 C ~ CHARGE CH 540.00
3/1/02 E ELECTRIC CHARGE CH t 50.90
3/1/02 H HVAC REGULAR CH ?'5.00
3/1/02 R REN. ESTATE TAX CH 97.00
4/1/02 B BA..~E/MI~UM RENT CH t,250.00
4/1~2 C C4~M CHARGE CH 540.00
4/1/02 E ELECiKmC CHARGE CH 150.00
4/1/02 H HVAC REGULAR CH 75.00
4/1/02 MA MERCHANT ASSOCIATION CH
4/1/02 R REA[. ESTATE TAX CH 97.00
5/1~2 B BASE/MINIMUM RENT CH 1,250.00
,5Jll02 C CJ~M C~c;ARGE CH 540.0D
0/1/02 E ELECTRIC CHARGE CH 150.00
5/1 f02 H HVAH REGUI.AR CH 75.00
5/1~02 MA MERCHANT ASSOCIATION CH 50.00
5/1/02 R REAL ESTATE TAX CH 97.00
8/1/02 BPL PCT IN UEU OF BASE CH 912.50
MANI CAFFE Total: 36,171.70
EN'ITI¥ 873402 Total; 36,171.70
C~rmnt
O.00
0.00
0.00
0.00
O-OO
O.OO
0.00
0-00
0.00
0,00
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0,00
· 0.00
O.OO
O-OO
912.~
912,30
I Mgath
0.OO
0.00
0.00
0.00
0.00
0.00
O.0O
0.00
0~00
0.{]4]
O.OO
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0.00
0.00
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0.00
0.00
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0.00
0.00
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0.00
0.00
0.OO
0.00
0.00
0_00
0.00
0.00
0,00
0.00
0.00
{~OO
0.00
0.00
0.00
0.00
0.00
0.00
1,250.00
150.00
75.00
50.00
97.00
0.00
2,162.oo
2.162,00
2 Monlh~
O,OO
O.OO
0,00
0.00
0.00
O.OO
0,00
0.00
0.00
O.OO
0.00
0.00
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0.0~
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0.00
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0.00
0.00
0.00
0.00
0.00
O~OO
1,2~0.OO
540,OO
150.OO
75.OO
0.00
0.OO
0.00
0`OO
0,00
0.00
2,1~2.00
2,162.00
~ Months
0.00
0,OO
0,00
0-OO
0.OO
0.OO
0.00
0.(30
0.00
0,OO
0.00
0-00
0.00
0.00
0.00
O.0O
0,00
0.00
0.00
0.00
O_0O
0-00
0.00
0.00
O.0O
150.00
75.00
50,00
0.00
0.00
O.OO
0.00
0.00
0.00
O.OO
D.O0
O,OO
0.00
0.00
0.00
0.00
2,162.00
2.162,00
4
15.00
50.OO
1
396.28
1,~0.00
75.00
$0.00
396.26
1(30.00
75.00
50.00
1,250.00
150.00
?5.OO
50.00
97.00
1.250.00
70,OO
50,00
97.00
1,168.7,~
0.00
0.00
0.OO
0,00
0.09
0.00
0.00
0,00
0.00
6_00
0.(30
0.00
0.00
0.OO
0.00
0.00
0,00
0.00
0`00
28,773.20
28,773.20
Grand Total: 36,171.70 91Z.~0 2,162.00 2.1~2.00 2,1~2.00 28,773.20
VERIFICATION
State of ~-~
County of ~~.
I, NINA R. KILROY, Senior Vice President of Metro Commercial Management Ser-
vices, Inc., as agent for Connecticut General Life Insurance Company, am authorized to
make this Verification, and hereby verify that the statements contained in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief.
NI~r~.'kILROY~ ~ '~
: SS.:
On this, the /.__~ day of ~ , 2002, before me, a Notary Public, the under-
signed officer, personally appe~ed Nina R. Kilroy, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and seal
Jfl. L J. HIGGINS
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Janua~ 20,2005
Attorneys for Plaintiffs:
JAMES A. DIAMOND, ESQUIRE
Pa. I.D. No. 43902
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
P. O. Box 98, Camp Hill, PA 17001-0098
Phone: (717) 975-5500
CONNECTICUT GENERAL LI~E INSURANCE
CoMi,~x~y, a Connecticut Corporation,
Plaintiff
ROBERT L. PHAM and NAOMI PHAM, Adult
Individuals,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NOTICE TO DEFENDANT BY PROTHONOTARY
OF ENTRY OF CONFESSED JUDGMENT
TO: ROBERT L. PHAM and NAOMI ]?HAM
You are hereby notified pursuant to Pa. R.C.P. No. 236, that on,.~D'a~ [,~ ,..2,3" ,2002,
/
judgment by confession in the amount of $38,454.57, was entered against you in the above-captioned
case.
Dated:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE
CONTACT THE ATTORNEY FOR PLAINTIFF:
James A. Diamond, Esquire
150 Corporate Center Drive, Suite 100
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
Telephone: (717) 975-5500
Attorneys [or Plaintif[s:
JAMES A. DIAMOND, ESQUIRE
Pa. I.D. No. 43902
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
P. O. Box 98, Camp Hill, PA 17001-0098
Phone: (717) 975-5500
CONNECTICUT GENERAL L~FE INSURANCE
COMPANY, a Connecticut Corporation,
Plaintiff
ROBERT L. PHAM and NAOMI PHAM, Adult
Individuals,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
CERTIFICATION OF ADDRESSES
PURSUANT TO Pa.R.C.P. 236
lows:
I, James A. Diamond, Esquire, attorney for Plaintiff in the above matter, hereby certify as fol-
The address of Plaintiff is as follows:
Connecticut General Life Insurance Company
Camp Hill Shopping Mall
32nd Street and Trindle Road
Camp Hill, PA 17011
The address of the Defendants is as follows:
Robert L. Pham and Naomi Pham
1106 Waynesford Road
Mechanicsburg, PA 17050
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
(717) 975-5500
By
~. ~SD~.~ia4~2d, Esquire
Attorneys for Plaintiff
Dated: July 23, 2002
Attorneys for Plaintiff..
JAMES A. DIAMOND, ESQUIRE
Pa. I.D. No. 43902
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Drive
P. O. Box 98, Camp Hill, PA 17001-0098
Phone: (717) 975-5500
CONNEcT/CUT GENERAL LIFE/NSURANCE
IN THE COURT OF COMMON PLEAS
COMPANy, a Connecticut Corporation,
Plaintiff
V.
ROBERT L. PHAM and NAOMI PHAM, Adult
Individuals,
Defendant
CUMBERLAND COUNTY, PENNA.
:
: No. 02-3564 CIVIL TERM
:
CIVIL ACTION - LAW
:
TO THE PROTHONOTARY:
PRAEC1PE
Please mark the Judgment against Defendants Robert L. Pram and Naomi Pham, in the
above-captioned matter as satisfied.
Respectfully submitted,
JOHNSTON & DIAMOND
Suite 100, 150 Corporate Center Dr.
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
(717) 975-5500
Dated: August 30, 2002
L~Pa. Reg. No. 43902
Attorneys for Plaintiffs