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Home My WebLink About02-5852IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CAPITAL CREDIT CORP. Plaintiff vs. LOYD'S GARAGE Defendant CIVIL ACTION- LAW No.: OD- NOTICE TO: LOYD'S GARAGE 1140 Lancaster Avenue Columbia Pennsylvania, 17512 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you in the above captioned matter. Date: December 9, 2002 Curt Long, Prothonotary If you have any questions concerning this notice, please call Philip L. Zulli, attorney for plaintiff, at this telephone number: 717-238-9004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CAPITAL CREDIT CORP. : : Plaintiff : : : No.: LOYD'S GARAGE : : Defendant : CML ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a verified copy of which is attached as Exhibit A to the Complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiffand against defendants as follows: Amount of note: Attorney fees: Total amount now due: $25,000.00 $5,000.00 $30.000.00 Plus interest at 10 % per annum on the amount of the note after date of entry ofjudgment under the terms of the verified copy of the original instrument attached at Exhibit A of the Complaint. Philip L. Zulli, Esquire Attorney Id. No. 47499 Judgment entered as above, _ ~)~.~/ ? 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 ,2002. Curt Long, Prothonotary CAPITAL CREDIT CORP. Plaintiff LOYD'S GARAGE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERIAND COUNTY COMMONWEALTH OF PENNSYLVANIA : CML ACTION- LAW .* _. : : : CERTIFICATE OF RESIDENCE I certify that plaintiff, Capital Credit Corp., is located at 1100 York Street Mechanicsburg, Pennsylvania, 17055, and that defendant, Loyd's Garage, is located at 1140 Lancaster Avenue, Columbia Pennsylvania, 17512-1842, and that defendant, Scott Phillips, resides at 2119 Kentwood Drive, Lancaster, Pennsylvania, 17601. I understand that false statements made in this certificate are subject to the penalties of 18 Pa, C.S.A. §49tM, relating to unswom falsification to author/ties. Philip L. Zulli, Esquire Attorney Id. No. 47499 1501 North Front Street Hamsburg, Pennsylvania 17102 (717) 238-9004 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CAPITAL CREDIT CORP. : CIVIL ACTION - LAW : Plaintiff : : vs. : LOYI)'S GARAGE : No.: : Defendant : COMPLAINT NOW COMES, Plaintiff, Capital Credit Corp., and files this complaint pursuant to Pa. R.C.P. No. 2951 (b) for judgment by confession and avers the following: 1. Plaintiff, Capital Credit Corp., is a Pennsylvama Corporation with principal address of 1100 York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Loyd's Garage, is a business located at 1140 Lancaster Avenue, Columbia Pennsylvania, 17512. Scott Phillips, is a natural individual and designated Officer/Co-owner of Loyd's Garage. A true and correct copy of the original instrument authorizing warrant of attorney to confess judgment which was duly signed and executed by Scott Phillips at Plaintiff's principal address is attached as Exhibit A. A true and correct copy of the Business/Dealer Information signed by both Defendant Scott Phillips and owner Frank Sylvester designating Scott Phillips as an Officer/Co-owner of Loyd's Garage is attached hereto as Exhibit B. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. The attached original instrument at Exhibit A has not been assigned or transferred. Judgment has not been entered in anyj urisdiction on the attached original instrument at Exhibit A authorizing confession. According to the provisions of the warrant of attorney to confess judgment, default is not a condition precedent to appear for and confess judgment for the sum due under the attached original instrument at Exhibit A. 10. Default nonetheless occurred because Plaintiffexercised its option to declare the entire balance of the instrument due and immediately payable and Defendant failed to pay the full amount due within three business days as set forth in paragraph 3 of the original instrument attached a~ Exhibit A. A true and correct copy of the written demand for payment is attached hereto as Exhibit C. 11. 12. Plaintiff demands judgment as authorized by the warrant of attorney to confess judgment. Consequently, the defendant is liable to plaintiff as follows: Unpaid balance of instrument Stipulated Attorney's fee of 10% or $5,000 whichever is greater Total: $25,000.00 $.5,000.00 $30,000.00 plus interest at 10 % per annum on the amount of the note after date of entry of judgment under the terms of the verified copy of the original inslrtnnent attached at Exhibit A of the Complaint. WItEREFORE, Plaintiff demands judgment against the Defendant in the sum of $30,000 plus costs of suit and interest at 10% per annum on the unpaid balance of the instrument ($25,000) as authorized by the original instrument attached as Exhibit A and the warrant of attorney appearing within said attached instmment. ~~ Philip L. Zulli, Esquire Attorney Id. No. 47499 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 II 12. 3 Addendum D (Page one of two pages) PROMISSORY NOTE $-- -~ ~- I ~)~. g~ . [enter amount of line of cred/tl at Mechanicsburg, Cumberland County, Pennsylvania, OR VALUE' ' ' ' RECEIVED, without defalcation, and ~ntend]ng to be legally bound,_~ ~.--~Z>~ ~/~lhO~.,aj'~ ~-:. Pennsylvania licensed corporation) (hereafter called the "Maker"), with its principal offices located at the address stated within the Capital Credit Exclusive vehicle Dealer (which is a [check one] o sole proprietomhip o P~nership o business corporation o limit~l liability plan Agreement, to which this Agreement is attached and incorporated as Addendum D, hereby unconditionally promises to pay to the order of CAPITAL CREDIT CORP. (hereinafter called "Payee"), at I I O0 York Street, Mechanicsbur8, Pennsylvania, 17055, or at such other address as the Payee may from time to time designate in writin8 to Maker, the principal sum of'[enter in words amount of/~ne ofcred/t] ~-"TI'I/~ #il~ ~c"t ¥~' l'"'H~/ff.~,sl/'~"~ . dollars ($~[~, together with interest thereon at the rate per ann um ofTEN percent (10 %), which rate shall be in effect 9~lv after entrg Of any iudamen~ entered on or pursuant to this Note should such become necessary due to a del,suit. 1 The principal sum of this Note and any other mounts due hereunder shall be payable in lawful money of the United States America in the manner provided in a document signed this same date, and entitled "Capital Credit Corp. Exclusive Floor-plan Agreement" Overdue principal and interest on the pnncipal sum of this Note and all other ove Loan Agreement (defined below) or an,, oth-- n ........ ' ...... rdue amounts payable hereunder or under any ., ,~- u,.~umcnt uenverea oy aqmcer m connection with this Note or the Loan Agreemant shall bear interest compounded and payable on demand at a rate per annum ofTEN percent (10%) until such amount shall be paid in The principal sum of this Note shall be payable immediately upon written demand for payment by Payee, and in no event not less than three business days from such demand. The principal amount of this Note may be prepaid in whole or in pan at any time without penalty, shall b~ accompanied by payment of any accrued penalty fees as provided provided that any prepayment Corp. Exclusive Floor-plan Agreement" in a document of same date and entitled "Capital Credit Maker's obi igatlons under this Note, and certain other obligauons of the Maker Agreement dated as of the date her~^c ........ ... . to Payee, are secured pursuant to a ce ' See, ' ~;mlJU,auant to WhiCh Maker nas granted to Payee a lien ana ..... :.... . nam y-__nty of Maker ("Security Agreement"). ~ o~,.,mty interest m certain assets The obligations of Maker are further guaranteed by certain individuals and/or shareholders and/or affiliated corporations (each individually included within the term "Guarantor"), which have each guaranteed the obligations of Maker pursuant to a Guaranty Agreement (individually and collectively called "Guaranty") of even date herewith. Any default by Maker or any Guarantor under the Capital Credit Corp. Exclusive Floor-plan Agreement, the Security Agreement or the Guaranty or Guaranties (the Capital Credit Corp. or Guaranties are herein referred to " Exclusive Floor-plan Agreement, the Security Agreement or the Guaranty as the Other Documents") shall, at Payee's option, constitute a default under this Note Subsequent to entry of judgment, all payments hereunder shall be in lawful money of the United States of America and shall be applied first to any unpaid costs or penalty fees due hereunder or under the Other Documents, then to accrued interest, and last to the reduction of the outstanding pnncipal balance. Maker shall have the right to prepay the principal balance of this Note, in whole or in part, at any time without penalty or premium. This Note is issued pursuant to the "Capital Credit Corp. Exclusive Floor-plan Agreement" between Maker and Payee of even date herewith, and evidences the Loan to Maker via a Line of Credit made available by Payee thereunder. For a statement of the Events of'Default which the indebtedness evidenced by th s note ma be su ' prepayment, or may become immediately due and ,,a,,os,~ --,' .... . Y bject to demand or mandatory Exclusive Floor-plan Agreement" r .~,~.-,,;, ,c~c~cnce Is mane to Paragraph 13 of the "Capital Credit Corp. In the event of the happening of any Event of Default, and when such Event of Default shall have theretoforenot been cured in addition to the remedies in event of Default set forth at Paragraph 14 of the Exclusive Floor-plan Agreement, the Payee shall have the right, upon written notice to the Maker, to declare the entire remain/n8 unpaid principal balance hereof to be immediately due and payable, whereupon the entire unpaid pnncipal amount hereof and all other fees and penalty fees accrued under the Other Documents shall become immediately due and payable (notwithstanding the not/ce requirements set forth at Paragraph 3 above) m all cases without any · . to n further action or not~ce on the pan of the Payee. In addition, the Payee shall have all other hghts granted upon the happening of an event ofdefauh under the Uniform Commercial Code of the Commonwealth of`Pennsylvania Adde~]dum D (Page two of two pages) 13. WARRANT OF ATTORNEY TO CONFESS JUDGMENT: maker herel~y irrevocably authorizes and empowen the Prothonotary or any nttorney or any c/erk of any court of record, wlth or without default, to appear for and confess judgment against maker for such sums as are due and/or may become due under this note, with or without declaratiom~, with costs of soit, without stay of execution and wlth an amount, for lien priority purposes, equal to ten percent (10%) of the amount of such judgment, but not less than five thousand dollars ($5,000.00), added for attorney fees. To the eztent permitted by law, maker releases all errors in such proceedings. Ifa copy of this note, vet/fled by atYKlav/t by or on behalf of the · holder of th~s note shall have been Fded in such action, it shall not be necessary to file the original note as a warrant of attorney. The author/ty and power to appear for and confess judgment against maker shall not be exhausted by the initial exercise thereof and may be exercised as often as the holder shall find it necessary and desirable and this note shall be a sufficient warranl therefore. Holder may confess one or more ' · or any part of the amount owint her nd,,~ ~:.,. ........ judgments ,n the same or different jurJsdlct[o e~_ wnemer Jndgment has theretofore ~- ...... Dr all u~n conle~e~l on more than °ne occasiou for the same amount, I" the event any judgment con fesaed against maker bereunder is striekeu or opined upon application by or on maker's behalf for any and confess judgment against reason, holder is hereby authorized and empowered to again appear for maker for any part or all of the amounts owing hereunder, as provided for herein, if doing so will cure any errors or defects in such pr/or proceedings. rayee unoer t~e terms ofthis Not .... hA ,".L ,-. ora procedural nature m an rocee in ' ....... ~. . ' '~' "~ ~mer t~ocuments, es well as on ~.._Av. ...... YP d,ngs shtuted b~ th~ r., ,-~..~ ~t mture lax~ exemptino an~, ,,,-,.~.~. ---, -. ~., ~-~.t mat m,gl~t accrue to the Maker by from ....... ~-.~ccos ar~ssng trom any sale o£such prope~, attachment, levy or sale under execution, or providing for any stay of execution, exemption fi.om civil process or extem;ion of time for payment, as well as the right ofinquis/tion on any real es , virtue hereof,, and the Maker here ~, ,,-*o.~s ......... . tat. e that may be lev~ed upon under a ud en ' b~ vol..,~,, ,.o-uemns me same ana authorizes o~- ........ J ~m t obtained by any wft of execution issued thereon, and agrees that such rea] estate -,~ ~nuy orsuen vomntmy condemnationt on order desired by the Payee. may be sold upon any such wrh in whole and in part in any 15. No failure or delay on th,.- part of the Payee in exercising any right, power or privilege hereunder shall operate ns a waiver thereof, nor shall any single or partial exercise ofnny right, power or privilege hereunder preclude any other or further exercise thercof or the exercise of any ot~er dght, power or privilege. The Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Payee. 16. This Note is executed anti delivered in, and shall be governed by and construed in accordance with the laws of the Commonwenhh of Pennsylvania. 17. Maker's obligations hereunder shall be binding upon Maker's heirs, successors and assign~ 18. This Note may only be amended by written instrument executed by both Maker and Payee. 19. This Note shall inure to the benefit of Payee, it~ successors and assigns, and all Holders of this Note. IN WITNESS WHEREOF, and intending to be legally bound hereby, Maker has executed this Note under his or her signature, or the signature of its authorized officer, as of the date and year first above written. ATIEST: ' By (signature o£mnker) Pfnt Name: Title: Name of Dealer: Business/Dealer Information A Company Legal Name__ ~v~e~ Corporation d~D~narn e-)) -- -- --------- Partnership ~ Federal ~D #__ ~9.~ ~ 2D.__~":~; ~ Sa,esTer, t Line Requested $ Date ~7~~/_ D ~ ealership Address: Street Address if/-/O City. Years There CAPITAL CREDIT · " CORPORATION Sole Proprietorship ~ DBA ~ _ Years in Business Dealer License # __ V~"~ -- C~c2,0.~~' __~ Expiration Date~ ~% ~..~ (:::)~,_~ _ _~o¢_____ -~_ County___~,~ ~_~S'TC-~ State ~ Zip Code / Own - Phone ~1~¢~~ Rent~~ _ Fax Officer/Owner Infor~atio~ (If dealership is a corporation list officer info, othe~ise list Owner info) Officer/Owner's Name Title _ ~ ~~ ~~ Officer/Co-own~s N-me Street Address j ~ ~ ~ ~ ~ , Title City_ State ~ ~. ~ _ Zip Code '~0 State Own~ ~Rent ~ ~ ~ ~ o~. / ~ _ zi. co~ Home Phone # '"'~_.___._~-7 DOB ~.) ~ ,.~.~ Driver's License # __ Expiration Date - Rent ~ Home Phone # '-7 [~ ~-~o ~ - ~.'~O ~' Driver's License ~ f~ ~ ~ Business Ba.k j~ ¢ ~~__~ Expiration Date --~ ~ [ 0 Bank Phone Number ~ ~~~ ~ Account NUmber ~, ~ ~ Trade Creditors: ~ - ~ ' J ~ 1) Name ~ Phone Number Insurance: Agent's Name [:~ ~~ ~ Phone Number Full Coverage ~ Liability Only / ~ )' I hereby certify the information con~ed within this application and on any accompanying financial statements true, complete, an~urate.~ / S' ~ ' ~gnature~ ~ _ , ~ Date ~tn2~m.m~ ~ I A L U S I Novanlm. 21, 2002 ru $~.?~' ~.~,m 1 !/21/2(102 cc: - ~z;~.~ 0036 - ,1.?5 J 0!~ .= Ve~J nul~ X~-s, l'la~ L z~ F. squ~e ~'u,llK'~nan.¢on I'877-4,.Cd, RLAW Lm~m~,, PA 17eoi VERIFICATION The undersigned having read the forgoing Complaint states that the language within is true and correct to the best of the undersigned signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code (relating to unswom falsification to authorities). November26,2002