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Home My WebLink About02-3725PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CONFESSION OF JUDGMENT : 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 Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $229,685.79 Interest to July 22, 2002 $ 43,386.13 Late fees $ 1,791.72 Attorneys' commission ~; 27,307.19 Total due to Plaintiff as of July 22, 2002 $302,170.83, plus additional interest, and costs from the date of the Complaint. Date: ~-- 510 ~O~ Respectfully submitted, SAIDIS, SHUF~yFLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. The name and last known address of the Defendant Davis Greenhouse, Inc. ("Defendant") is 103 Hammond Road, Shippensburg, Pennsylvania 17257. 3. Defendant executed and delivered to Plaintiff a Promissory Note in the original principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Defendant executed and delivered to Plaintiff a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made a part hereof. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. There has not been any assignment of the Note. Judgment has not been entered on the Note in any jurisdiction. The amount due to Plaintiff as a result of Defendant's default is as follows: a. Principal $229,685.79 b. Interest to July 22, 2002 $ 43,386.13 c. Late fees $ 1,791.72 d. Attorneys' commission $ 27,307.19 e. Total due to Plaintiff as of July 22, 2002 $302,170.83 10. Interest continues to accrue at the rate provided in the Note. WHEREFORE, Plaintiff, PNC Bank, National Association demands judgment against Defendant, Davis Greenhouse, Inc., as authorized by the warrant of attorney contained in the Note for Three Hundred Two Thousand One Hundred Seventy and 83/100 Dollars ($302,170.83), plus imerest from and including the date of this Complaint and judgment entered hereon at the rate provided in the Note and costs of suit. Respectfully submitted, Date: SAIDIS, SHUyF~ F] 9WER&.LINI~Ay By:_ Sarl M. Ledeb~ ~, Es-quire /Supreme Court ID #59012 / 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 2 03/30/01 11:05 '~5709616240 PNC SPEC. ASSETS ~]008/011 . PROMISSORY NOTE Borrower: DAVIS GREENHOUSE. INC. (TIN: 2'J248820S) Lend,r: PNC eANK, NATIONAL ASSOCIATION ~/,,~ I03 HAMMOND ROAD 4;242 CARLISLE P~KE SHIPPENSBURG, PA 17257 CAMP HI~, PA 17001~a74 Principal Amount: $250,000.00 Date of Note: November 20, 1998 P~0MISE TO PAY. DAVIS GR~NHOUSE, INC, ("Burthen") proml~s to p~ Io PNC ~K. NATION~ ASSOCIATION ("Lender"), or order, I&wful money of the United S~es of Amerl~, the principal amount of TWO Hundred ~ ~ou~nd & oo~oo ~lla~s (~50,00e.oo), to,ether wllh interest on the unpaid prl~lpal balance from Novemh~ 20, 1998, until paid In full. P~YMENT. Borrower will pW this I~an In ~cmdance wit~ the fallowing payment ~hedule: 6 ~n~cutlve monthly Intetesl payment, Ae~nning De~mber 20. 1998, ~th Interest calculated on the unpaid principal ~lance9 et an Inler~ rate of 7.~% per annum; 29 con~cutive monthly prifl~pal and interest payments of eac~. beginning June ~, 1~9. with Interest C~culaled on the unpaid ~lnci~l balances at ~ interest rate of 7.50Q% ~r annum; and I principal and Interest payment of ~2~S3.~ on D~emb~ 20, 2001, with interest ~cu~ted on the unpal~ prln~pal balanc~ at ~ interest rate of 7.500~ per anaum. T~IS esUmaled final ~ment is bs~0 on ~e a~umptlon that 03/30/01 11:06 "~5709616240 ',.-"~, PNC SPEC. ASSETS (Co~nue~ ~'~ G~ PROVISIONs. ~nder ma~ del ~modlN T~ I~n without f~ co~--, - - ~ON~ssION OF JUDG ..... , , w~. noz a~ the en~bi~an" ~,k~ne modlfl~on is made~ ff OR CL~RK OF A~ COURT IN~ERO~ON~A A DEFAULT UNDER ~o ..--~ COMMONW~ OF P~NN~ n,~o ~U EMPOW~S A~ A~ORN~ OR AMOURS, TOG A ~ER R~NG A~UED I~E~ ~R JUD~ A~IN; ~R ~ CO~s TO A~ CO~ , ~ CHARGE~ A J~M~ O E~ FOR C ~S COMMI~ION ~ W~ AT ~L ~MES U~L PAYME~ IN F~ BY A~ ~CISE ~ ~T A~OR~. B~ S~ CO~NUE ~Y ~VE TO NO~CE ~ TO A H~JNG tN CONNE~ON WI~ BO~Ow~ ~OM ~ ~ COn.tON OF J~ME~. ~ A~ N~CE ~D/Ol B~ROWER ~S ~N REPRESE~D ay I~EPENDE~ ~ COUNSEL ' ~Y WAIVEs. ~. H~t~ REQUIRED UNDER A~LI~ ~W WI~ RESPE~ TO ~C~oN OF ~ J~GME~, ~D ~A~S ~T E~ER REPRESE~ATiVE OF ~ER SPECIFICALLY CA~ED ~S PRJ~R TO SIGNING ~IS ~ JUDGM~ P~ISrQN TO aORROw~,S . ~ TERMS OF THE NO~ A~ ACKNOWL~s RECEI~ OF A COM~ COH OF T~ NO~ A~ON N~E. BORRO~ R~O ~O ~Q~STOOD ~ ~ PR~IS/ONS ~ ~IS NOTE. ~ROw~ AGR~ TC ~IS NO~ HAS BEEN SIGN~ AND 5~ BY T~ BORROWER: Cemfied & Regular Mail PNCBANK FILE March 26, 2001 Davis Greenhouse, Inc. 103 Hammond Road Shippensburg, Pa. 17257 RE: Loan g 600704911 Dear ,Mr& ,Mrs Davis The above referenced loan is in default and according to its temps is m'tmediately due and payable. The principal due as of th/s date is S229,685.79 together with interest in the amount of $4,738.31 and fate charges of $199.08 for a total of 5234,623.18. Demand is hereby made for the immedmte payment of the total outstanding amount due. The Per Diem is $47.85. The default rate of 5% above the stated rate has been tmposed. Should you not pay the above sums as demanded and PNC Bank determines it necessary to seek legal admse or action, you shall also be responsible for costs and reasonable counsel fees, not to exceed fil~een percent (15%) of all amounts due hereunder, recurred by the Bank in connection w/th all actions taken to enforce collection. If payment of 5234,623.18 is not received immediately, the Bank may, without hrther not/ce to you, take any and all actions legally perrmsslble. Sincerely, rcorall Assistant Vice Preaid~mt Special Assets (570) 961-6243 DISCLC '~E FOR CONFESSION OF '~OGMENT *l :Principal: f 'E°an: Date :it Maturj~ : ' L°an N°: : ~ Cat : ~ Collateral [ ACcOunt Offl .... *Cer' Initials ~ Borrower: Gu arantor: DAVIS GREENHOUSE, INC. (TIN: 232488205) 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 MARK A. DAVIS end JANET G. DAVIS 107 HAMMOND ROAD SHIPPENSBURG, PA 17257 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HIM., PA 17D01-~874 DISCLOSURE FOR CONFESSION OF JUDGMENT IAMEXEDUTING, THIS ....~)'~' DAYOF .,~..,~.~../,..~/~.~ ,19~,~.,AGUARANTYFORANUNLiMTEDAMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOI. I~.D PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSENT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTElLIGENTLy, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I E)(PRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDEN, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. I-IOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN [EXECUTING THE GUARANTY, BEING FULLy AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLy AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND DY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS I. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. ~/~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE ' GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE,I:~C~ BEEN SIGNED AND SEALED BY THE UNDENSIGNED. MARK A. DAVIS (SEAL) ~ JANET G.D.~IS - ' LASER ~RO, Reg. U.S. Pat. & T.M, Off,, Vet. 3,25 (c) 1998 CFI ProServlces, Inc, All rights reserve cL {PA-S30 DAVIS2.LN C29.OVL) DISCLC "qE FOR CONFESSION OF ' DGMENT ~rincipat :: I L0arlDate t Maturi~: ::[: LoanNO::t Call t Collateral:f~: Account OffiCer References in Ihs shaded are8 are for Lender's use only and do ~ Borrower: DAVIS GREENHOUSE, INC. (TIN: 232488205) Lender: PNC BANK, NATIONAL ASSOCIATION 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 Guarantor: HARRY F. DAVIS and CAROL K. DAVIS 115 HAMMOND ROAD SHIPPENBBURG, PA 17257 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS .2o~ DAYOF ~,~.~.~..~ ,19 "~',AGUARANTYFORANUNLIMTEDAMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN E~(ECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTF~ I rGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS ~ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. ~ ~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLy CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAB BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: HARRY F. DA~S x ISEALI CAROL K. DAVIS LASER PRO, Reg. U,S. P~t. & T.M. Of[., Var. 3.26 (cI 1998 CFI ProServices, Inc. All rtght$ r'eserve~. {PA- D30 OAVIS2.LN C29. OVL] ?177373~87 $~IDIS SHUFF ~$LAND 710 P04 JUL 16 '02 14;56 PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA NO. CONFESSION OF JUDGMENT CIVIL ACTION - LAW VERIFICATION I, Jo}m Comoran, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are tree 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. Section 4904, relating to unswom falsification to authorities. PNC BANK, NATIONAL ASSOCIATION PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, [NC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. , ?aS : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CONFESSION OF JUDGMENT : CiVIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendant, Davis Greenhouse, Inc., is 103 Hammond Road, Shippensburg, Pennsylvania 17257. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~up [ e~ )~ do 2°~n~ 5E~0q ~}re 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff