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HomeMy WebLinkAbout02-4984PA CORPORATE PLAZA ASSOCIATES, Plaintiff JAMIE M. KIZER, Individually, and PA GIVING, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : ._ : ; : CIVIL ACTION - LAW ; CONFESSION OF JUDGMENT WHERE ACTION COMMENCED BY COMPLAINT Pursuant to the authority contained in the warrant of attorney, the copy of which is attached to the Complaint filed in this action, I appear for the Defendant(s) and confess judgment in favor of the Plaintiff(s) and against Defendant(s) as follows: a) Principal $7,770.50 b) Interest at 12% per annum ($2.55/diem) $ 260.58 through October 10, 2002 c) Attorneys Fees (in the amount of 10% $ 803.11 pursuant to the Note) TOTAL DUE $8,834.19 *Plus costs of suit and post judgment interest until Defendants' obligation is satisfied. l~'~an R. St~bOdian, Esq. ID #41075 Andrew R. Eisemann, Esq. ID #87441 801 North Second Street Harrisburg, PA 17102 717/232/5180 SLOBODIAN PA CORPORATE PLAZA ASSOCIATES, Plaintiff JAMIE M. KIZER, Individually, and PA GIVING, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa. - CIVIL ACTION - LAIN COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, PA Corporate Plaza Associates, Plaintiff, by its attorneys, The Law Offices of Markian R. Slobodian, and files this Complaint in Confession of Judgment for money against the Defendants, Jamie M. Kizer, individually, and PA Giving, Inc., for the following reasons: 1. Plaintiff is PA Corporate Plaza Associates, a Pennsylvania partnership having its principal place of business located at 110 Sunset Avenue, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Defendant, Jamie M. Kizer, is a Pennsylvania resident having a last known address at 660-12 Geneva Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, PA Giving, Inc. ("PA Giving") is a Pennsylvania corporation having a last known place of business at 5000 Ritter Road, P. O. Box 779, Mechanicsburg, Pennsylvania 17055. 4. On or about February 5, 2002, Defendants executed a Promissory Note (the "Note") with PA Corporate Plaza Associates pursuant to a settlement agreement between PA Corporate Plaza Associates and PA Giving in an accord to satisfy a money judgment entered against PA Giving by the Dauphin County Court of Common Pleas in Case No. 2124-NT-2002. A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit "A". 5. The Note provided that the Defendants would pay PA Corporate Plaza Associates the sum owed in the principal amount of $9,020.50 in initial installments of $100.00 and $150.00, payable on February 6, 2002 and February 28, 2002 respectively, followed by 36 equal monthly installments of $243.63 commencing on March 1, 2002. 6. Paragraph 8 of the Note provides that the Defendants' failure to make any payment on or before the due date shall constitute a default of the Note. 7. Paragraph 8 of the Note provides that upon default the entire remaining obligation under the Note becomes immediately due and payable. 8. Paragraph 6 of the Note authorizes the Confession of Judgment against the Defendants for money due and owing PA Corporate Plaza Associates upon Defendants' default under the terms of the Note and upon Defendants' failure to cure such default. 9. Paragraph 6 of the Note authorizes PA Corporate Plaza Associates to confess judgment against Defendants "for the entire principal balance of this Note and all accrued interest, late charges and any and all amounts expended or advanced by [PA Corporate Plaza Associates], together with costs of suit, and attorneys fees of not less 2 than ten percent (10%) of the unpaid principal balance and accrued interest for collection." 10. Paragraph 4 of the Note provides that "upon default, the entire obligation shall accrue interest at the default rate of twelve percent (12%) per annum." 11. The Note has not been released, transferred, or assigned. 12. Judgment has not been entered against the Defendants on this Note in any jurisdiction. 13. This judgment is being entered in connection with a commercial transaction and is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Defendants defaulted on their obligation under the Note by failing to make payments due from July 1, 2002, and thereafter. 15. Defendants' failure to make payments when due constitutes default. A true and correct copy of Defendants' Account Summary maintained by PA Corporate Plaza Associates is attached hereto and incorporated herein as Exhibit "B'. 16. Despite numerous and repeated demands, Defendants failed and refused to make any additional payments due and owing under the Note. A true and correct copy of a Default Notice, dated August 8, 2002, is attached hereto and incorporated herein as Exhibit "C'. 17. To date, the Defendants have not cured the default. 18. The itemization of the amount due under the Note, including interest and attorney's fees as authorized by the Note, are as follows: 3 a) Principal $7,770.50 b) Interest at 12% per annum ($2.55/diem) $ 260.58 through October 10, 2002 Attorneys Fees (in the amount of 10% pursuant to the Note) c) $ 803.11 TOTAL DUE $8,834.19 *Plus costs of suit and post judgment interest until Defendants' obligation is satisfied. WHEREFORE, PA Corporate Plaza Associates demands judgment against Defendants in the total sum of Eight Thousand Eight Hundred Thirty Four Dollars and 19/100 Cents ($8,834.19), plus post-judgment interest and costs of suit. Respectfully submitted, Dated: /o/~/0~_ LAW OFFICES OF MARKIAN R. SLOBODIAN (--~M'~an' ~dian, Esq. ID #41075 Andrew R. Eisemann, Esq. ID #87441 801 North Second Street Harrisburg, PA 17102 717/232-5180 Attorney for PA Corporate Plaza Associates 4 VERIFICATIO~N Subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities, I hereby certify that I am authorized to verify the foregoing pleading on Plaintiff's behalf and, further, that the facts set forth in the pleading are true and correct to the best of my information and belief. Norman K. A. Hoffer EXHIBIT 0~706×2002 15:05 NO.118 Q002 DEMAND PROMISSORY NOTE $9,020.50 Harrisburg, Pennsylvania February 5, 2002 FOR VALUE RECEIVED, PA Giving, Inc. and Jamie M. Kizer (hereinafter "Makers"), having a last known business address of 229 State Street, Harrisburg, PA 17101, promise to pay · to the order of PA Corporate Plaza Associates (hereinafter "Payee"), at 110 Sunset Avenue, Dauphin County, Harrisburg, PA 17112, or at such other place as Payee may designate in writing, the principal sum o£Nine Thousand, Twenty Dollars and 50/100 Cents ($9,020.50). The obligation to Payee under this Promissory Note shall be as follows: 1) Makers shall pay the sum of One-Hundred Dollars and 00/100 Cents ($100.00) as the fa'st (1) installment payment. The first payment must be hand-delivered to the offices of Payee no later than February 6, 2002. 2) Makers shall pay the sum of One-Hundred, Fifty Dollars and 00/I00 Cents ($150.00) as the second (2) installment payment. The second payment must be received in the offices of Payee, no later than February 28 2002. 3) Provided Makers make the first two (2) installment payments as provided /or in Paragraphs 1 and 2 of this Promissory Note (the "Initial Payments"), Makers' remaining balance under this Note shall be reduced to Eight- Thousand, Seven-Hundred, Seventy Dollars and 50/100 Cents ($8,770.50). Makers' failure to make the Initial Payments on or before the due date, shall constitute a default under tiffs Promissory Note. Upon default, this entire obligation, including all remaining installments on the obligation, shall become immediately due and payable. I~ addition, upon default, the entire obligation shall accrue interest at the default rote of 12% per annum. Following payment of the Initial Payments by Makers to Payee, Makers shall pay the sum of Two-Hundred, Forty-Three Dollars and 63/100 Cents ($243.63) per month on or before the fifteenth (15) day of each mouth commencing on March I, 2002, and continuing for a period of thirty-six (36) months or until the balance owed has been paid in full, which shall not exceed th/rty-six (36) months. In the event Makers make all required payments under this Promissory Note in a timely manner, such that each payment is received in the offices of Payee, no later than the fifteenth (15) day of the month in which it is due, Makers shall have no further obligation to Payee with regard to this Note. MAKERS HEREBY IRREVOCABLY AUTHORIZERS AND EMPOWERS ANY ATTORNEY OF THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF pENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIMF_. FOR MAKERS AFTER A DEFAULT UNDER THIS PROMISSORY NOTE AND WITH OR WITHOUT A COMPLAINT FILED, CONFESS OR ENTgR JlYDGMENT AGAINST MAKERS FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY PAYEE,'TOGETHER WITH COSTS . OF SUIT, AND ATTORNEY'S FEES OF NOT LESS THAN TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT 0~70G×200~ NO.110 ~00~ LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING; THIS NOTE OR A COPY OF THIS PROMISSORY NOTE VERIFIED BY AFFIDAVIT SHALL BE SI. YFFICIENT WARRANT. TIlE AUTHORITY GRANTED IN THIS PROMISSORY NOTE TO CONFESS ~JDGMENT AGAINST MAKERS SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CON IINLrE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOLrNTS DUE UNDER THIS PROMISSORY NOTE. MAKERS HEREBY WAIVE ANY RIGHT MAKERS MAY-HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT. 7) Makers may prepay the outstanding obligation e~denced by this Promissory Note in whole or in part at any time, without penalty. 8) Makers failure to make any payment on or before the due date, shall constitute a default under tiffs Prox~dssory Note. Upon default, this entire obligation, including all remaining installments on the obligation shall become immeAiately due and payable. In addition, upon default, the entire obligation shall accrue interest at the default rate of 12% per annum. 9) Makers agree to pay all actual expenditures incurred by Payee in an attempt to collect any amount due under this Promissory Note, including all costs of legal action and rensonable attorney's fees of no less than ten percent (10%) of the amount owed by Makers. The undersigned acknowledg~ that this Proafissm'y Note is being executed and delivered in connection w~th a conmaercial transaction and does not involve a ret~ or consumer transaction. The undersigned agree that its full obligations under this Promissory Note shall be joint and several. Tiffs Agreement shall be binding upon the undersigned and their respective heirs, successors, executors and representatives and shall continue until such obligation has been fulfilled. The undersigned fmther agrees that Payee has no obligation to attempt to collect Makers' obligations under this Promissory Note from one Maker prior to seeking payment from the other Maker. The undersigned sign this Promissory Note with the intent to be legally bound by the terms hereof. A'I fJc/ST: PA G~C. ' , MAKER: SAM~ M.,,~ZER (Individually) By.' 6 e M. Zizer 0~0G×~00~ 15:05 ! NO.118 Q001 DATE: PAGF--~ TO FOLLOW: COMMENTS: EXHIBIT '~B" 10~'~9/2002 12:02 NO,??9 D002 Account Sanxmary For; Jamie .VI. Kizzr Fage 1 2/1/02 Note Paymem $9,0~0-$0 $0.00 $0.00 Account h~ance: $9,020.50 216/02 Note P~y~ent 2/$102 1129 $100,00 $0.00 -$1O0,0O Acconnt Balance: $8,920-50 2/25/02 Note Ptyzn~nt $/1/02 1139 $150.00 $0.00 -$159.00 Account Balance: $$,~70.50 3/1/02 Note Payment 3116102 1145 $250.00 $0.00 Total Late Charges: $0.00 Total W~dved Late Charges: Total Paid Late Ch~trges; Total UnpaRI Late Charges; $0,00 EXHIRIT "C" '~8~8×2002 12:27 N0.558 D002 Tdephon¢ 717-652-5000 Facsir~le 717-540-5517 PA CORPORATE PLAZA ASSOCIATES 110 Sunset Avenue Harrisburg, PA 17112-3055 DEFAULT NOTICE VIA CERTIFIED MAIL August 8, 2002 Jamie M. Kizer PA Giving, Inc. 5000 Ritter Road Mecharficsburg, PA 17055 Demand Promissory Note by and between PA Corporate Plaza Associates ("Payee") and PA Giving, Inc. and Jamie M. Kizer ("Makers") dated February 5, 2002 (the "Note") Dear Ms. Kizer: This is to advise that you are delinquent in your installment payments owing under your Note with PA Corporate Plaza Associates. Pursuant to Paragraph 4 of the Note, "Makers failure to make any payment on or before the due date, shall constitute a default under this Promissory Note. Upon default, this entire obligation, including all remaining installments on the obligation, shall become immediately due and payable...". Despite repeated calls to you regarding the status of your payment which was due on luly 15, 2002, no payment or response has been received. Demand is hereby made upon you to immediately pay the entire outstanding balance of the Note, totalling seven-thousand, seven-hundred, seventy and 50/100 Dollars ($7,770.50). Such payment is due immediately to PA Corporate Plaza Associates. If such amount is not pa/d in full on or before Monday, August 19, 2002, PA Corporate Plaza Associates will immediately exercise and enforce its rights and remedies as Payee under the Note by all appropriate legal actions. Please be advised that all expenditures incurred by the Payee in an attempt to collect any amount due u~l~r this Note, including all costs and reasonable attorney's fees is Make~ ~sibi ~. of legal action N ~l ~Associates P~ cc: Andrew R. Eisemann, Esq. PA CORPORATE PLAZA ASSOCIATES, Vo Plaintiff JAMIE M. KIZER, Individually, and PA GIVING, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : · :NO' : CIVIL ACTION - LAW : CERTIFICATE OF RESIDENCE UNDER RULE 2951 I do hereby certify that the precise residence and complete post office address of the Plaintiff, PA Corporate Plaza Associates, is 110 Sunset Avenue, Harrisburg, PA 17112. I do hereby certify that the precise residence and complete post office address of the Defendant, Jamie M. Kizer, is 660-12 Geneva Drive Mechanicsburg, PA 17055. I do hereby certify that the precise residence and complete post office address of the Defendant, PA Giving, Inc., is 5000 Ritter Road, P. O. Box 779, Mechanicsburg, PA 17055. Dated: / o/(o~,, LAW OFFICES OF MARKIAN R. SLOBODIAN BY~o~~'an~, Es~ ID #41075 Andrew R. Eisemann, Esq. ID #87441 801 North Second Street Harrisburg, PA 17102 717/232/5180 PA CORPORATE PLAZA ASSOCIATES, Vo Plaintiff JAMIE M. KIZER, Individually, and PA GIVING, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-04984 CIVIL ACTION - LAW CERTIFICATE OF SERVICE TO: PROTHONOTARY OF CUMBERLAND COUNTY I hereby certify that on /f~ ~/ ,2002, a true and correct copy of the Notice under Rule 2958.1 of judgment and execution was personally served upon the following individuals by certified maR: Jamie M. Kizer 660-12 Geneva Drive Mechanicsburg, PA 17055 A true and correct copy of the Proof of Service is attached hereto and incorporated herein as Exhibit "A'. Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN arkie' an~.~dian, Esq. ' I.D. #41075 Andrew R. Eisemann, Esq. I.D. #87441 801 North Second Street Harrisburg, PA 17102 EXHIBIT "A" Postage Certified Fee Restr~-ted DeliveG, F~ (Endorsement Require( SHERIFF'S RETURN - C[RSE NO: 2002-04984 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PA CORPORATE PLAZA ASSOCIATES VS KIZER JAMIE M ET AL REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE was served upon KIZER JAMIE M the DEFENDANT at 660-12 GENEVA DRIVE at 1921:00 HOURS, on the 5th day of November , 2002 MECHANICSBURG, PA 17055 JAMIE M KIZER by handing to a true and attested copy of CONFESSION OF JUDGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this 2- day of ~~ ~o ~A.D. ' Prothonotary ' ~ / · So Answers: R. Thomas Kline 11/06/2002 MARKIAN SLOBODIAN /Depdt~ Sheriff ~ SHERIFF'S RETURN - 'CASE NO: 2002-04984 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PA CORPORATE PLAZA ASSOCIATES VS KIZER JAMIE M ET AL REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE was served upon PA GIVING INC the DEFENDANT at 1921:00 HOURS, at 660-12 GENEVA DRIVE MECHANICSBURG, PA 17055 on the 5th day of November 2002 by handing to JAMIE M KIZER a true and attested copy of CONFESSION OF JUDGE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this [~ day of ~ ~L~2~ A.D. ~ ~rothonotary ' So Answers: R. Thomas Kline 11/06/2002 MARKIAN SLOBODIAN - 7b[p~ Sheriff''