HomeMy WebLinkAbout97-00898
No. t}). fi.v Civil Term
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VS.
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Court of Common Pleas
Cumbo Co.
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KEVIN BENTON, CPA,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
vs.
MRS. STAMM'S BAR-B-Q, INC.,
Defendant
COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b)
(Confession of Judgment)
1. The Plaintiff, KEVIN BENTON, CPA, is a an adult
individual with offices in Cumberland County, Pennsylvania.
2. Defendant,
Corporation with
Pennsylvania.
MRS. STAMM'S BAR-B-Q., INC., is a Pennsylvania
offices located in Cumberland County,
3. A true and correct photostatic copy of the original
instrument duly executed by the Defendant is attached hereto as
Exhibit "A" and is made a part hereof.
4. The aforesaid instrument has not been assigned.
5. Judgment on the aforesaid instrument has not been entered
in any jurisdiction.
6. The Defendant is in default in that he has failed to pay
when due amounts payable as called for in the written instrument,
a copy of which is attached hereto as Exhibit "A".
7. As a consequence of the foregoing, the Defendant is
liable to the Plaintiff as follows:
Unpaid Principal Balance $ 5,000.00
Attorney's Collection Fee (15%) 750.00
TOTAL $ 5,750.00
HQII
FEBRUARY 17, 1997
$ 5,000.00
FOR VALUE RECEIVED, MRS. STAMM'S BAR-B-Q, INC., of Cumberland
County, Pennsylvania ("Debtor"), promises to pay to KEVIN BENTON,
CPA, an adult individual of Carlisle, Cumberland County,
pennsyl vania, or its Assignee (II Payee ") at the address as noted
herein, or at such place as the holder thereof may from time to
time designate, in writing, the sum of FIVE THOUSAND ($5,000.00)
DOLLARS AND 00/100 without defalcation, together with interest
thereon at the rate of Eight and 1/2 (8 1/2%) Percent per annum
compounded monthly. Said amount is due and payable in one lump sum
one day after the date of this Note.
Principal and interest computed and payable as herein provided
shall be payable without relief from valuation or appraisement
laws, and with attorney's fees, costs and expenses of collection in
the event that this Note is referred to an Attorney for enforcement
of collect ion.
This Note shall, at the option of the holder hereof, become
immediately due and payable, including any interest due thereunder,
upon Maker's failure to pay any sum provided for herein when due,
or upon the happening of any of the following events affecting the
Maker: Voluntary or involuntary filing of a petition in bankruptcy
or reorganization, execution of an assignment for the benefit of
creditors, liquidation of Debtor's business, appointment of a
receiver by a court of competent jurisdiction, which appointment
shall not have been vacated within a period of thirty (30) days
after the appointment of such receiver.
No delay on the part of the Payee or holder thereof in
exercising an option shall operate as a waiver or prelude the
exercise of such option at any time during the continuance of any
such default.
The holder thereof may, at its option, make extensions of the
time for payment of indebtedness, or any part thereof, or reduce
payments thereon, and Debtor consents and agrees to any such
extensions or reductions, all without not ic" , .1nd agrees that any
s~.:-l\ ,t.:-t 1-'n by the holder of this Note olin II /1,,1: relieve it from
: ~<I.~~: ~tr l\('t'<'lllhi..r, Debtor hereby waiver pI "*'/11 !"'lnt for paYltil!:nt,
:::.~e:~.....~ ...~: ,'i~tlth.~n~"'Irt proteot, notice or ~,";lbJH., notict: f',;f,
'1l..:'l:l;'L\Y'lIll'!:"t ,'t th~<: N,'tl' .tnd diligence in t:,,) I..'" l'," I.h~r<:'Jf. -n...,
-:t.'mll:..:'..~"~ ~,'''. ~::t('~T:'('t;lt l..:m and enforcemolll.!i "r till.. rbl.'! ~rJ.llJ J f-"l'
t<:\'I.I!:'I"d.'~' ':>,", :.t...." "t the Commonwealth vf' ~'allllq'lh"lIl".
In the event Debtor fails to make payment when and where due,
Payee may declare all monies immediately due and payable, and
proceed to collect the same at once. In the event of any failure
to make said payments, Maker authorizes and empowers any
Prothonotary or Clerk or any Attorney of any Court of Record,
including specifically, but not limited to, any Court of Common
Pleas of the Commonwealth of Pennsylvania, to appear for and to
confess or enter judgment against the Maker, at anyone or more
times, upon any default, as of any term, for all sums due or to
become due hereunder, together with fifteen (1St) percent thereof
added for attorney's collection fees, and with costs of suit,
releases of all errors, waiver of appeals, without stay of
execution, and the undersigned waives inquisition and extension
upon any levy on any real estate, hereby voluntarily condemns the
same and authorizes the entry upon the writ of execution, hereby
waiving and releasing all relief from any and all appraisement and
stay of execution laws now in force or hereafter enacted.
Dated at Carlisle, Pennsylvania, on this 17th day of
February, 1997.
ATTEST:
DEBTOR:
MRS. STAMM'S BAR-B-Q, INC.
By:
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