HomeMy WebLinkAbout00-01874
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHNSON BUILDING CORPORATION,
Plaintiff
NO. 2000-1874 Civil Term
v,
CIVIL ACTION - LAW
COAST TO COAST MOTELS, INC.,
Defendant
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
..wt'
Please enter a clef.mh judgment in favor ofJohnson Building Corporation and against Coast
to Coast Motels, Inc.
The <k~t judgment is to be entered in the amount of $47,404.11 plus costs, which is
calculated as follows: (i) principal of $41,437.l6 plus interest of $1,657.49 (through March 27,
2000), computed as authorized in the Agreement and Note at the rate of 8% simple interest per
annum from October 15,1999, and (ii) attorney's fees in the amount of$4,309.46, as authorized in
the Agreement and Note. The Default Judgment is being entered for failure to make payments in
accordance with an Agreement and Note, dated February 3,1999, the original of which is attached
hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Exhibit "A" is
attached hereto pursuant to Pennsylvania Rule of Civil Procedure 2951(a)(2)(I).
Attached hereto as Exhibit "BOO is an Affidavit pursuant to Pennsylvania Rule of Civil
Procedure 295 I (a)(2)(ii).
Attached hereto as Exhibit "COO is a Certificate of Residence pursuant to Pennsylvania Rule
of Civil Procedure 2951(a)(2)(iii).
Attached hereto as Exhibit "D" is a copy of the Notice mailed to Defendant pursuant to the
Agreement and Note attached hereto as Exhibit "A."
Respectfully submitted,
Date: 3/27/00
A jiiAr(J:d/r/17
~ell Hanft, uire
Attorney LD. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorney for Plaintiff
- "
- '
l'
ft
.,
c
Q
ARTICLES OF AGREEMENT
THIS AGREEMENT entered into this~day of ~fv,JIu, 1999 by and between COAST TO
COAST MOTEL, lnc" a Pennsylvania Corporati~-bitces at 1252 Harrisburg Pike, Carlisle,
P A 17013 (hereinafter referred to as Owner) and JOHNSON BUILDING CORPORATION, a
Virginia Corporation with offices at 45575 Shepard Drive, Unit 101, Sterling, Virginia ,;<6/(,,'/
(hereinafter referred to a Contractor),
WITNESSETH:
WHEREAS Contractor and Owner have heretofore entered into an Agreement for the
construction of certain improvements to the Travelodge facility owned by the Owner at 1252
Harrisburg Pike, Carlisle, PA 17013;
AND WHEREAS Contractor and Owner have reached a full and final agreement related to the
sums due Contractor for the work performed under the aforementioned Agreement;
AND WHEREAS Contractor has agreed to finance a certain portion of the amount due under
said Agreement, under certaiI) terms and conditions;
NOW THEREFORE, the parties hereto intending to be legally bound hereby coyenant and agree
as follows:" -- ""
I, The parties acknowledge that the final contact Sum due Contractor under the Agreement is
$1,009,25642
2, Contractor hereby acknowledges receipt fi'om or on behalf of Owner of the sum of
$965,946,33,
3, The parties acknowledge that the balance due from Owner to Contractor is the sum of
$43,310,09,
4, The parties agree that Owner shall have the privilege of paying the balance due of $43,309,77
in monthly installments of $52547 to be applied first to interest at the rate of eight (8%) per cent
per annum and thereafter to reduction of principal. Provided however that unless sooner paid, all
principal and unpaid interest shall be due and payable on or before December 31, 1999, The first
payment hereunder shall be due and payable February] 5, 1999, ",' " . ,-
5, Contemporaneously herewith Ownershall execute the Note, attached hereto and incorporated
herein by reference thereto acknowledging further the obligations, terms and conditions hereof
"
c
"""
w
c
IN WITNESS WHEREOF the parties hereto, intending to be legally bound hereby, have hereunto
set their respective hands and corporate seals the date and year first above written,
Attest:
Contractor: Johnson Building Corp,
By
#II~ l4Y C C?/Z-~
:2]/77""'
o
CD
o
i
I
-.
February 3,' 1999'
$43,310.07
NOTE
ON DEMAND, on December 31, 1999, COAST TO COAST MOTELS,
Inc. (BORROWER) , promises to pay to JOHNSON BUILDING CORPORATION as
"HOLDER", of Carlisle, Cumberland County, Pennsylvania its successors
and/or assigns, the sum of Forty-three Thousand Three Hundred Nine and
77/100 ($43,309.77) Dollars. Borrower shall make monthly payments
thereon in installments of Five Hundred Twenty-five and 47/100
($525.47) Dollars, first payment due February 15, 1999. Said payments
shall be applied first to interest at the rate of eight per cent (8%)
per annum and thereafter to reduction of principal. Borrower shall
have the right to prepay all or any part of the principal amount of
this Note at any time or from time to time without premium or penalty.
Provided, however,in the event Borrower shall fail to make any
payments within fifteen (15) days of the due date thereof Borrower
does hereby authorize and empower the Prothonotary or any Attorney of
any Court of Record of Pennsylvania or elsewhere to appear for and
enter judgment against Borrower for the above sum, with or without
declaration, with costs of suit, release of errors, without stay of
execution, and with ten (10) per cent added for collection fees;
provided that no such default shall be declared until and unless
Holder shall have first given Borrower no less than fifteen (15) days
written notice of the event of such default.
In witness whereof the said Borrower has executed the above
contained Note for the purposes therein stated and hereunto set its
corporate hand and seal.
Attest:
~]f la~tels, Inc.
?n~~ ~ q~
(Ass .)Secretary
william F. Price,
Seal
III, /l',pres.
;,A<'~
Al'flDA VII
1, f. RICHARD JOHNSON, President of Johnson Building Corporation do herebyaflinn
that the Judgment being entered by Johnson Building Corporation against Coast to Coast Motels,
Inc. pursuant to the confession of judgment provision of the Note dated February 3, 1999 is not
being entered by confession against a natural person in connection with a conswner credit
transaction.
3;&;00
Sworn or affirmed and acknowledged before me by F. Richard Jobnson this ~ day of
March, 2000.
t~ (;,i~
(!. Ct --I-frer(f\..e.... G, L {~ ~{' n 'Jfe;, y\
c&rf~ 00r ~l, J-oDd-
I"'.
CER TIFICA TION
1, F. RICHARD JOHNSON, President of Johnson Building Corporation do hereby a!linn
that:
a. the husiness address of the Plaintiff, Johnson Building Corporation, is 45575
Shepard Drive, UnillOl, Sterling, VA 20164; and
b. the business address of the Defendant, Coast to Coast Mo(e!, Inc., is 1252
HlUTisburg Pike, Carlisle, PA 17013.
~
Sworn or aftirmed and acknowledged before me by F. Richard Johnson (his 3- day of
March, 2000,
~ Co, --i~I'~
CO+he1t~e. G. L/ebvl7sfe1.",
~fiAJ.4 ~.? I J ;)00::2.
II![' . . .
n,r#n IlIr..../'I1I
UJ rl.JtlUfI/'..VII
BUILDING CORPORATION
.
February 3, 2000
William F. Price, W
Coast to Coast Motels, Inc.
1252 Harrisburg Pike
Carlisle, PA 17013
Re: Note dated February 3, 1999 from Coast to Coast Motels, Inc. to
Johnson Building Corp. in the sum of $43,309.77 (the "Note")
Dear Mr. Price,
This letter constitutes fonna! written notice to Coast to Coast Motels, Inc. ("CTC") that
CTC is in default of ilS obligations under the above referenced Note by virtue of ils
failure to make any payments to Johnson Building Corp. ("Johnson") pursuant to the
Note since September, 1999. Please be advised that ifCTC fails to cure its default within
the next fifteen (15) days by paying to Johnson the entire remaining amount due under the
Note or $42,673.92, Johnson intends to enter judgment against CTC as provided by the
Note.
'a:: 'W.iili,~,F. Gibson II, ESquir<:
David ",-. Baric, Esquire .
Steven J. Fishman, Esquire
45575 Shepard Drive. Unit 101 . Sterling, VA 20164
(703) 404-1600 . FAX (703) 404-1700 '
~~
CERTIFICATE OF SERVICE
AND NOW, this 27th day of March, 2000, I, Michael J. Hanft, Esquire, hereby certify that
I have this day served the following persons with a copy of the foregoing Praecipe to Enter
Judgment, by first class, United States Mail, postage pre-paid, addressed as follows:
Coast to Coast Motels, Inc.
1252 Harrisburg Pike
Carlisle, P A 17013
Michael J. Hanft, Es re
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
F:\User Folder\Firm Docs\Gendocs2000\1500-1 praecipe.l.wpd
-