HomeMy WebLinkAbout01-5562Donald 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
Plaintiff
VS.
CA~LISLE SPORTS EMPORIUM,
Defendant
INC.:
IN THE COURT OF COMMON 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 tree and correct 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.
~ant to Warrant of
Attorney Contained in Complaint Filed
Hereinbefore
UNITAS BANK
Plaintiff
CARLISLE SPORTS EMPORIUM, INC.:
Defendant :
IN THE COURT OF CO~H~ON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
CUMBERLAND COUNTY BRANCH
CIVIL ACTION - LAW
COMPLAINT
NOW COMES Plaintiff and states:
1. Plaintiff is 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 Carlisle Sports Emporium, Inc., a business corporation with an address
of 29 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania.
3. Attached hereto and made a part hereof is a true and correct reproduction of the
original Promissory Note dated December 29, 1999, 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 note has not been assigned.
6. No judgment has been entered upon the note in any jurisdiction.
7. Defendant is in default under the instrument giving rise to this claim for relief and the
right of Plaintiff to confess judgment against Defendant in that default occurred on April 29, 2001,
by failure to make required payments.
8. As a result of the default alleged in paragraph 7 hereof, the amounts due Plaintiff from
Defendant are as follows:
Principal balance
Interest to 9/19/01
Attorney fees
Total
$58,452.13
6,624.42
6,507.65
$71,584.20
9. The Warrant of Attorney appearing in the attached note is less than 20 years old.
WHEREFORE, Plaintiffdemands judgment 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.
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
unswom falsification to authorities.
Robert C. Williams
President
PROMISSORY NOTE
Principal Amount: $75,000.00
(717) 267-1776
Initial Rate: 9.500%
Date of Note: December 29, 1999
PROMISE TO PAY. CARUSLE SPORTS EMPORIUM iNC. ("Borrower') promises to pay to Unites BanY~ a division of First Commonwealth Bank
PROMISSO'RY NOTE Page 2
(Continued)
paragraph.
UMW'rATION OF AC31ON. ~f the Borrower has any cause of action against the Lender. now or in ~ future, arising out of the Related Documents and
Note ~m jutnt ~nd severel. If any portkxt of this Nofe is for any ,reas°n~determined t° be unen?rceebl~?].~ w~l n°,t ~,affectt the ,e,n~on3.ea~li~ °~f ~_Y u~'7~,
CONFESSION OF JUDGMEh'r. Bo rowe~ ~ rmvocably aut~o~Lzes and empowers any attorney or the Prothonotary or Clerk of
udgrnent .palnst Borrows o the e~lre prthofpal balance of this Note and all accrued Intern?t, pgether with c~.sts
($5~0; and for so doing this Note or a copy of this Note verified by affidavit shall be sunlclent ~arm.nt. I.~e a~t .h?ty
BORROWER: