HomeMy WebLinkAbout01-5560Donald L. Kornfield
Attorney for Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222 or 267-3202
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
UNITAS BANK
VS.
JAMIE PLASTERER
Plaintiff :
Defendant :
IN THE COURT OF CO~4ON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
PURSUANT TO Pa. R.C.P. RULE 2951 (b)
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 Defendant and confess judgment in favor of the
Plaintiff and against Defendant as follows:
Principal balance
Interest to 9/19/01
Attorney fees
Total
$58,452.13
6,624.42
6,507.65
$71,584.20
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
xJ ~ ~dey~';orlr~i;renfefine 1 an~r su~nt t o Warr ant o f
Attorney Contained in Complaint Filed
Hereinbefore
UNITAS BANK
VS.
JAMIE PLASTERER
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
:
: CIVIL ACTION - LAW
: #
COMPLAINT
NOW COMES Plaintiff and states:
1. Plaintiffis Unitas Bank, a division of First Commonwealth Bank, a banking institution
with offices located at 15 South Main Street, Chambersburg, Franklin County, Pennsylvania.
2. Defendant is Jamie Plasterer, a sui juris adult, living and residing at 36 Kelly Drive,
Carlisle, Cumberland County, Pennsylvania.
3. Attached hereto as Exhibit "A" and made a part hereof is a true and correct
reproduction of the original Commercial Guaranty of Carlisle Sports Emporium, Inc., executed by
Defendant, containing a warrant of attorney.
4. The instant judgment is not being entered by confession against a natural person in
connection with a consumer transaction.
5. The guaranty has not been assigned.
6. No judgment has been entered upon the guaranty in any jurisdiction.
7. Defendant is indebted to Plaintiffin the principal sum of $58,452.13, which amount
represents the balance due Plaintiff pursuant to the Promissory Note signed by Carlisle Sports
Emporium, Inc. dated December 29, 1999, together with interest and attorney's fees.
8. A true and correct copy of the Promissory Note to Plaintiff is attached hereto as
Exhibit "B" and made a part hereof.
9. Defendant is indebted to Plaintiff as follows:
Principal balance
Interest to 9/19/01
Attorney fees
Total
$58,452.13
6,624.42
6,5O7.65
$71,584.20
10. By reason of Defendant's guaranty to Plaintiff in the amount of $75,000.00, all of
which appears by reference to the attached instrument, and by reason of Defendant's default, Plaintiff
is entitled to judgment against Defendant in the sum of $71,584.20.
WHEREFORE, Plaintiffdemandsj udgment against Defendant in the amount of $ 71,584.20,
together with interest from September 20, 2001, at the rate of $12.18 per diem, court costs and such
other damages as may be available at law.
Donald L: l~ornfie{d
Attomey for Plaintlf!
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
UNITAS BANK
President
C/17) 267.1776
AMOU!I~_~OP GUARANTY. This Is a guaranty of paym~lt of 100,000% of the Note. Including without limitation the principal Note amour~t of
9,eVeflty~ FIVe Thousand & 00/1(]0 Dollars ($75,000,~0),
GUARAt~,~ For good and valuable consideration, JAMIE PLASll;REG ('Guarantor") absolutely and unconditionally guarantee~ and promises
to ply to [~j~Saa Bank, a division of Flret Commonwealth Bank "Eeflder. er It~ order, in legal tender of he Un ed States of America 100.~00%
of the Ind~'otednesa (as tha term s de ned beow) of CARLISLE SPORTS EMPORUM NC. 'Borrower") to Lender On the terms,and
m~ldltlmls ~et forth in this Guaranty. Guarantor agrees that Lender, in Its sole discretion, may determine which portion of Dorrower's
COMMERCIAL GUARANTY Page
' (Continued) ~
~ fend~e ~ .] ~r~_ u~m_ ~_~ a_t_ in Lend~e.¢s ~i~ a? ~s~ at any tl~ for ~ ~ ~ ,s I~rest or the enforo~ent of its ri~ shall ~ a "d
COMMERCIAL GUARANTY, Page 3
(Continued)
Initial Rate: 9.500% Date of Note: December 29, 1999
PROMISSORY NOTE
Principal Amount: $79,000.00
PROMISSO'RY NOTE Page 2
(Continued)
peragreph.
CON.SION OF JUDGME~. ~er h~ Irony au~es ~d empowem a~ =~y ~ ~e ~ota~ or Cle~ of a~ Cou~rl~
~.~t ~r~w~.~[.~..~fl~ pH~i~ bal~ ~ ~ls Note a~ ~1 acc~ Intent, ~ther wl~ c~ ~ su~ ~ an a~'s ~1~