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Home My WebLink About01-5655MID PENN BANK Vs. Plaintiff CARL BRONITSKY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~ ~l ~ o~ : CIVIL ACTION - LAW CONFESSION OF JUDGMENT AND NOW, this ~[~6day oral, Christian S. Daghir, Attorney for Plaintiff, pursuant to the warrant of attorney in the Promissory Note, the original or a copy of which is attached to the Complaint in Confession of Judgment, does hereby appear for and confess judgment in favor of the Plaintiff and against the Defendants as a result of the default as alleged in the Complaint as follows: Balance of principal as of September 20, 2001 Interest on unpaid balance at 9.5% per annum from May 15, 2001 to September 20, 2001 Late fees and charges Attorney collection fee TOTAL $48,605.10 1,647.28 421.48 5,067.39 $55,741.25 Christian S~ Dag~r, Esquire Judgment in the amount of $55,741.25 entered as above~ 2001. MID PENN BANK Vs. Plaintiff CARL BRONITSKY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. ~ ~t-~'~,~ : CIVIL ACTION - LAW COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, Mid Penn Bank, is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania with offices located at 4622 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Carl Bronitsky, is an adult individual having a business address of 423 North 21~t Street, Suite 102, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about March 22, 2001, Plalntiffmade a loan to Defendant, in the principal amount of $50,000.00, (hereinafter referred to as the "Loan"), as evidenced by that certain Promissory Note (the "Note"), a true and correct coy of which is attached hereto as Exhibit "A' and is incorporated herein by reference. 4. The Note contains a confession o£judgment provision that would permit plaintiff to enter judgment against Defendant after default on the guaranty without advance notice or an opportunity to defend against the entry of judgment. A true and correct copy of the Disclosure for Confession of Judgment is attached hereto as Exhibit "B' and is incorporated herein by reference. 5. Defendant, is in default of the Note as a result of, inter alia,, his failure to have payments made when due. 6. The last payment made by Defendant was made on May 30, 2001 in the amount of $2,107.40. 7. All notice requirements have been fulfilled and the Note has been accelerated. 8. Pursuant to the terms of the Note, Defendant, is liable to Plaintiff for the entire indebtedness including, (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note which include without limitation a 10% attorneys' commission. 9. On September 20, 200t, the Loan was 90 days past due and the past due amount owed was $4,636.28. 10. The entire principal, interest late charges and fees of the Note is now due and payable in full together with attorneys' fee and costs of suit. 11. The following is the computation of the balance of principal and interest due Plaintiff by Defendants: Balance of principal as of September 20, 2001 $48,605.10 Interest on unpaid balance at 9.5% per annum from May 22, 2001 to September 20, 2001 1,647.28 Late charges and fees 421.48 Attorney Collection Fee 5,067.39 TOTAL $55,741.25 12. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 13. The Note has not been assigned, and Plaintiff is the holder of the Note. 14. Judgment has not been entered against Defendants in any jurisdiction for their failure to make the required payments on the Note. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $55,741.25 plus interest until paid in full at the rate of 9.5% per annum together with attorneys' fee and all appropriate costs of suit. Dated: September 24, 2001 Christian S. D.i~r, ~'~u~ Supreme Court ID# 47741 105 N. Front Street Harrisburg, PA 17101 (717) 234-5600 PROMISSORY NOTE Carnc Hill, PA 17o~1 Principal Amount: $50,000.nn Lender: Interest Rate: 9,500% Data of Note: March 22, 2001 PROMISE TO PA'(. Carl Bronllstcy (*'Borrower") i:)romiaes 1o pay to Mid Penn Ba~k ("Leflder"L or or,er, In laW~! meney of the Unttecl States Exhibit "A" PROMISSORY NOTE loan No: 50QOO58SS (Continued} Page 2 OR C~.E~K O~ ANY COURT IN THE. - ' DISCLOSURE FOR CONFESSION OF JUDGMENT r"-~"'~-~ . - ........ ," ' -, ,~ Lender's ~.a onty and do net ~t t~ ~ppl~ili~ ot ~ ~umenl to any p~ul~ [~n or ~lem. [ Affiant: ~1Brenlt~ {~: ~1~1) Lende~ Mid ~n ~K ~ ~1, PA 1~11 ~ ~ pike (71~ ~1-24~ DISCLOSU~E FOR CONFESSION OF JUDGMENT I AM EXEC~JTING, THIE ."~ ~ DAY OF _ ~F~i~..~f."'',-'~ , ~ A ~OMIS~ORY NOTE FOR ~0,~0.~ O~GAT1NG ME ~ REPAY T~T A. I UNDERSTAND T~T ~ NOTS CO~AIN~ ~[ ~NFESSlON OF J~GMENT PR~ISlON ~AT WOUE~ PERM~ ~DER TO EN~ ~GM~ A~N~ ME iN COURT, AFT~ A DEFAULT ON ~ NQ~, WI~UT AOV~ NOT~CE TO ME ~O W~ ~FF~ING ME ~ ~p~t~ T0 ~D A~ T~ ~TIRY OF J~G~T. IN ~ING ~ ~ ~ING ;~Y AWA~ OF MY RIG~ T0 ~VANCE NOTICE ~O TO A HE~ING TO CONTI[~T THE V~tDtTY OF ANY J~M~ OR O~ ~IM8 THAT ~NDER MAY ~T AGAINST ~ ~O~ ~ NO~ ] AM ~OwINGLlf, iN~IG~Y. ~D VOLUNTARILY WAIVING T~SE RIG~St [N~UDING ~Y RIGHT TO ~VA~E N~ICE ~ THE ~Y OF J~GliaENT, AND I ~RE~LY AGREE AND ~N$~ TO LEND~'S ~ERING ~UDGM~T A~INGT ~ ~Y CON~51~ ~ ~iD~ FOR IN ~ C~lON OF J~GM~T ~OVISION. B. I ~R~ UNDERST~D THAT IN AD0tTION TO GIVING L~D~ THE RtG~ TO ENT~ J~MENT AGAINET ~ WlT~UT ADVANCE NOTICE OR A ~ING, THE CONFESSION OF JI.~GM~ PR~SION IN T~ NO~ ~ CONTAINS ~GUA~ ~T WO~D ~MIT L~D~, ~ER ~TRY ~ ~GM~T~ AGAIN ~ ITH~ EI~R ~V~CE NOTICE OR A H~RING, TO ~ECUTE ON ~E ~DGMENT ~Y FOREC~SING U~, A~ACHING, ~[NG ON, T~[NG POSSESSION ~ OR ~ERWI~ SE~ING ~ PROP~ IN ~ OR P~ PAYME~ OF T~ J~GMENT, IN ~EC~iNG T~ NOTE, SEING ~Y AWARE OF MY RIGH~ TO ADVICE NOTICE ~D A ~[NG ~ ~ME~ iS ~TEREO ~D B~ORE E:;E~ION ON ~ ~UDGMENT, I AM ~W~Y, ]NT~IG~Y ~O VOLUNT~ILY WAIVING T~SE RIG.S, ~D I ~p~SLY AG;;~ ~D ~NSE~ TO ~NDER'S iMM~IA~Y ~ECUTING ON THE JUDGMENT, IN ~Y ~NER pERMI~ED ~ APPMC~E ~ATE ANi:) FEDER~ ~W, WIT~UT GIVING g~D~ ~ ADVANCE NOT~CE. C. ~R HAVING READ ~D D~MINED WHICH OF THE F~OWlNG STATEM~T3 ~E ~FCIC~E, AND 8Y ~CING MY ~NITI~S N~T TO ~ STA~MENT WHICH AP~IE~, I Ri-'PRESENT ~T: 1, [ WAS R~SENT~ 8Y MY owlm INDEP~ND~ LEG~ CQUNS~ IN CONNEXION WITH T~ ~ 2. A REPR~ATI~ 0F L~D~ ~tPECJFIC~LY ~O ~E CONFESSION OF ~UDGMENT pROVISlO~ IN THE NO~ T~ MY D. I CE~FY THAT ~ ~NU~ INCOME ~CEE:DS $10,~0; ~AT T~ ~KS IN ~IS DIS~OS~E ~E F~ IN W~ I INITI~ ~D SlGN~ IT; AND T~T I RECE~ A ~PY ~.T ~E T~MB OF SIGNING. THIS DIS~OSU~ IS GIV~ UNDSR ~ ~D IT IS IN~D~ THAT ~IS DIS~U~ IS ~D SH~ CONST~E ~D ~VE THE EFFE~ OF A SE~ED iNSTRUMENT AC~RDIN(~i TO ~W. Exhibit "B" CERTIFICATION 17061. I hereby certify that the precise address of Plaintiff is 349 Union Street, Millersburg, PA I further certify that the last known address of the Defendants are: Carl Bronitsky 423 North 21a Street Suite 102 Camp Hill, PA 17011 I further certify that the underlying transaction, as evidenced in part by the exhibits attached to the Complaint in Confession of Judgment Exhibit "A" attached hereto, is a commercial transaction. Dated: ~ 2001 Christia~ S. Dagl~, Esquire Supreme Court ID 47741 105 North Front Street Harrisburg, PA 17101 Attorney for Plaintiff MID PENN BANK Vs. Plaintiff CARL BRONITSKY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 : CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF DAUPHIN Christian S. Daghir, Esquire, being duly sworn according to law deposed and says that he makes this affidavit on behalf of the within Plaintiff, being authorized so to do, and that he avers that defendants are not in the military or naval service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. Respectfully Submitted, ETZWEILER AND ASSOCIATES By: Christian ~. D~ghir, Esq"- tO Sup. Ct. I.D. No. 47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Sworn and Subscribed to before me this day of~901. · (Nota~ Public - ~-- I NOTARIAL SE~L [ ! PAT'IY L. STROHECKER, Notary Pffolic I o:/~o~mm~ [ Haffisbur§, Dauphin County ] My Commission Expires Jan. 6, 2003 ~,'IID PENN BANK Plaintiff CARL BRONITSK~' Defendant E'rzwz[£Za ANti ASg0CiATZS ATTORNEYS AT LAW 105 NORTH ..... ~TREET HARRISBURG, PENNSYLVANIA 17101 ...... (717) 234-5600 · FAX (717) 234-5610 HALIFAX LINE (717) 896-3737 : IN THE COURT OF COMMON PLEAS : CU~IBERLAND COUNTY, PENNSYLVANUk : : CIVIL ACTION - LAW To: Carl Bronitsky, Defendant ,- You are hereby notified that on..3~,.~__, 2001, the [bllowing Judgment has been ente, ed against you in the above-captioned ca~e. DATE:..Si_'yJ ,.~"~, Judgment m ~e amount of $55,741.25 which includes interest to September 20, 2001. - - Protfionotary ~ I hereby certify that the name and address of the proper persons to receN'e this ~otice under Pa. R. Cb,. P. _~6 is: Cart Bronitskv 423 North 21~ Street Suite !02 Camp Hi!l, PA 1701t A Carl Bt-onitskv Defbndido/a Defendidos/as Christian S Dai'2i~ir, E}~t Attorney for Mid Penn Bang Por este medio se le esta notificando ue el de del 2001, ei/la siguiente (Orden). (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrat~. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Judgment in the amount of $55,741.25 which includes interest to September 20, 2001. Carl Bronitsky 423 North 21a Street Suite 102 Camp Hill, PA 17011 Christian S. ISag'hir, Esq. Abogado del Demandante IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANI/ INRE: CARL BRONITSKY, and CHARLES J. DeHART, TRUSTEE Debt or/]V[ovants IN BANKR~TCY CHAPTER 13 PROCEEDIN( BK. NO. 1-02-00081 MID PENN BANK Respondent COURT OF COM/VION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5655 CIVIL TERM : JUDICIAL LIEN AVOIDANCE ORDER OF COURT FOR JUDGMENT BY DEFAULT AND NOW, this ~'~'~(~ay of ~ tx~ , 2002, in consideration ofthe within Motion for Judgment by Default filed by co~sel for Debtor/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on July 9, 2002 and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Movant, Carl Bronitsky, and against the Respon. dent, Mid Penn Bank to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d). BY THE COURT: I~/John J. Thoma~ Bankruptcy Judge