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HomeMy WebLinkAbout97-05949 , plus all costs and expenses incurred by Harrisburg Dairies, Inc, in connection with collecting such amount KEEFER WOOD ALLEN & RAHAL, LLP Daled: October 21, 1991 By: ~ &-" V--~ Shawn W, Weis 101118666 415 Fallowfield Road Camp Hill, PA 11011-4916 111-612-5803 Attorneys for Plaintiff , / I .2- HARRISBURG DAIRlES, INC., Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION JERRY LYNCH AND DONNA LYNCH, Defendants NO. '11 1'y"/'1 ('u:J 7/,--... CONFESSION OF JUDGMENT NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take IIction within twenty (20) days after this Complaint and Notice are served, by entering a wrillen appearance personally or by allorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if YOll fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lost money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notifcacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abodago y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demand a, Usted peude perder dinero 0 sus propiedades 0 ostros derechos importantes para usted, WHEREFORE, PlaintilTrespectfully requests this Honorable Court to enter I Judgment in iu flvor and Igainst Defendants in the amount of$3,052.08, plus interest and cosU of Sliit, an amount that is within the jurisdictionallimiu requiring arbitration of this matter. Dated: October 21, 1997 KEEFER WOOD ALLEN & RAHAL, LLP o W,V----- BY:_.A-- Shawn W, Weis ID #78666 415 Fallowtield Road Camp Hill, PA 17011-4916 717-612-5803 Attorneys for PlaintilT VERIFICATION The undersigned, David p, Scott, hereby verifies and states that: 1, He is the Vice President of Harrisburg Dairies, Inc., Plaintiff herein; 2, He is authorized to make this Verification on its behalf; 3, The facts set fonh in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief; and 4, He is aware that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904, relating to unsworn falsification to authorities, Dated: October 21,1997 '! ;tj:r ,f DEMAND NOTE AND SECURITY AGREEMENT S3,052,08 September 25, 1997 Harrisburg. Pennsylvania FOR VALUE RECEIVED, 1erry Lynch and DOMa Lynch, adult individuals ("Maken"), of Shippensburg, Cumberland County, PeMsylvania, promise to pay to the order of Hanisburs Dairies, Inc., a Pennsylvania business corporation ("Payee"), at their address at Harrisburg. Pennsylvania, or at such other place as Payee may from time to time designate in writing, the principal sum ofThree Thousand Fifty Two Dollars and 08/100 (S3,052,08) in lawful money of the United States of America, together with interest on the conditions described below, J. Payment Payment of the entire principal amount, together with accrued interest and costs shall be payable upon demand to the Payee at the above-set fonh address, 2, Interest Interest shall accrue at the rate of eight percent (8%) per annum, compounded monthly, until the entire amount of principal and accrued interest is paid by Makers to Payee, 3, Maximum Leial Rate Makers shall not be obligated to pay and Payee shall not collect interest at a rate in excess of the maximum pennitted by law or the maximum that will not subject Payee to any civil or criminal penalties, If, because of the acceleration of maturity, the payment of interest in advance, or any other reason, Makers are required to pay interest at a rate in excess of such maximum rate, the rate of interest under such provisions shall immediately and automaticaJJy be reduced to such maximum rate, and any payment made in excess of such maximum rate, together with interest thereon at the rate provided herein from the date of such payment, shaIJ be immediately and automatically applied to the reduction of the unpaid principal balance oflhis Note as of the date on which such excess payment WIIS made, If the amount to be so applied to reduction of the unpaid principal balance exceeds the unpaid principal balance, the amount of such excess shall be refhnded by Payee to Makers, 4, Prepayments This Note may be prepaid at any time and from time to time, in whole or in part, without premium or penalty, Any partial prepayments of princifal shall be applied in the inverse order of maturity and shall not postpone or reduce any regularly scheduled payment of principal and interest, 5, Application ofPayrnents All payments shall be applied first to payment in full ofL'lY costs incurred in the collection of any sum due under this Note, including (without limitation), reasonable attorneys' fees, then to the payment in full of accrued, unpaid interest, and finaJJy to the reduction of the unpaid principal balance of this Note, " Page 1 of6 Exhibit A 6, Security As security for the obligations of the Makers hen:under. Makers hereby grant to Payee a security interest in ALL that certain lot ofland located in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a spike in the centerline of Legislative Route 21006 at the intersection of Legislative Route 21050; thence along Legislative Route 21006 South eighty-seven (87) degrees seven (7) minutes West one hundred fifty and seventy-nine hundredths (I 50,79) feet to another spike in the center line of Legislative Route 21006; thence along lands now or fonnerly of Elder Raymond Whitmer, North eleven (II) degrees twenty- three (23) minutes West one hundred seventy-seven and forty- three hundredths (171.43) feet to an iron pin; thence along lands now or fonnerly of Lloyd Mowery North eighty-four (84) degrees forty-five (45) minutes East one hundred fifty and zero hundredths (150,00) feet to a spike in the centerline of Legislative Route 21050; thence along the center line of said road South eleven (II) degrees twenty-three (23) minutes East one hundred eighty-three and seventy hundredths (183,70) feet to the place ofBEGINN1NG, CONTAINING ,618 acres, The above description being taken from a survey entitled .Subdivision for Elder R, Whitmer", dated June 27, 1974, by Thomas A. Neff, R,S, until the balance of all payments, including al principal, interest, fees and costs regarding this Note have been paid in full by Makers to Payee, Upon the full payment of all such payments from Makers to Payee, then Payee shall deliver over to Makers the original of the Note marked paid in full and shall satisfy any Judgment entered on this Note against Makers, 7, Events ofOefault Each of the following shall constitute an Event ofOefauit: (a) Nonpayment. Failure by the Makers to pay any sum within ten (10) calendar days after such payment is due under this Note, (b) Falsity of Representalions and Warranties Any representation or warranty made by the Makers in this Note or in any certificate, financial or other statement furnished at any time under or in connection with this Note shall be false or misleading in any material respect when made, (c) Voluntary Bankruptcy etc The commencement by Makers or either of them of a voluntary case under the Federa! Bankruptcy Code, as now constituted or hereafter amended, Page 2 01'6 or any other applicable federal or state bankruptcy, insolvency, reorganization, rehabilitation or similar law or the consent by it to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) ofany Maker or for any substantial part of the property of Makers, or the making by Makers of any assignment for the benefit of creditors, or the failure of Makers generally to pay their debts as such debts become due, (d) InvoluntaJ:Y Bankruptcy etc The entry of a decree or order for the relief by a court having jurisdiction in respect of Makers in an involuntary case under the Federal Bankruptcy Code. as now or hereafter constituted. or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or any other similar official) of Makers or for any substantial part of Makers' property, or ordering the winding up or liquidation of Makers' affairs and the continuance of any such decree or order unstayed and in effect for a period of sixty (60) consecutive calendar days, (e) Judwments One or more judgments are entered against Makers in the aggregate amount of S I 0,000 or more, and the Makers ~hall not obtain the satisfaction. release, stay or dismissal thereof within thirty (30) days thereof or provide evidence satisfactory to Payee that such judgment is covered by insurance maintained by the Makers and the insurance company is not contesting coverage of such claim, 8, Default, Riwhts Remedies Upon the occurrence of an Event of Default as defined in Section 7 above and so long as the Event of Default shall continue uncured and unwaived, (a) In the case of an Event of Default described in Paragraph 7 (a) through 7 (c) above, Payees may, by written notice to Makers. declare all amounts evidenced by this Note immediately due and payable, (b) In the case of an Event of Default described in Paragraph 7 (d) or 7 (e) above, all amounts evidenced by this Note shall become due and payable automatically and immediately, THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKERS, IN GRANTING TIllS WARRANT OF AITORNEY TO CONFESS JUDGMENT AGAINST MAKERS. THE MAKERS HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNT ARIL Y. AND, ON THE ADVICE OF SEPARATE COUNSEL OF MAKERS, UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS THE MAKERS HAVE OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. (c) Makers authorize and empower any attorney afany court of record of Pennsylvania or elsewhere after an Event of Default to appear for and enter iudwment allainst them for the then unpaid principal amount of this Note tOllether with all accrued unpaid interest Page 3 of6 an:! late charlies costs of suit and reasonable allorneys' fees with or without declaration or stay of execution and with release of errors for which this Note or a copy hereof shall serve as a aLfIil;ient warrant This power to enter iudliment aliainst Makers shall not be exhausted by any exercise of power and shall continue from time to time and at all times until full p~yment of all amounts due under this Note (d) Payee may exercise all rights provided in law or equity. (e) The remedies of Payee shall be cumulative and concurrent, and may be pursued singly, successively, or together at their sol" discretion, and may be exercised as often as the occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 9, Waivers Makers waive presentment for payment, demand, notice of dishonor, protest, and notice of protest with regard to this Note. all errors, defects and imperfections in any proceedings instituted by Payee under the tenns of this Note, and all benefit that might accrue to Makers by virtue of any present or future laws exempting any personal property, or any part of the proceeds arising from any sale for any stay of execution, exemption from civil process, or extension of time for payment. 10, Unconditional Liability Makers hereby waive all notices in connection with the delivery, acceptance, perfonnance, default. or enforcement of the payment of this Note, and agree that their liability shall be unconditional, without regard to the liability of any other party, and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver Clr modification granted or consented to by Payee, and consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by Payee with respect to the payment or other provisions of this Note, and to the release of any part of any collateral, with or without substitution, and agree that additional makers, endorsers. guarantors, or sureties may become parties hereto without notice to them or affecting their liability hereunder, II. Construction This Note shall be construed and enforced in accordance with the domestic, internal law, but not the law or principles of conflict oflaws, of the Commonwealth of Pennsylvania, The captions preceding the rest of the paragraphs of this Note are inserted oniy for convenience of reference and shall not constitute a part Oflhis Note, nor shall they in any way affe-.'1 its meaning. construction, or effect. 12, Severability Any provision contained in this Note which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition of unenforceability without invalidating the remaining provisions hereof; and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction, Page 4 of6 IJ, Successor! Heirs and Assiins The provisions of this Note shall bind and inure to the benefit of Makers and Payee and their respecti~'e successors, heirs, personal representatives, and pennitted usigns, IN WITNESS WHEREOF, Makers, intending to be legally bound hereby. have duly executed this Note the day and year first written above, w.-.rf! Witnus/ .w,0~ -J -f-~ ~yneh .$~- ~~.A- DOMa neh /,IJ. if ~' n q Page S of6 ("\,.. ~ ~ 0 ... -.J -:;:- U ~ ~ - '- l'- J'I ~::d u ...J f t-- - 0 ~ \,J '. Vi(l. ,\,) 8 Q ~ it '::l\ ~ ~ t ~rt ,. ~ I , . . , ' ., ; . 4.'. ." , . .- Mr, and Mrs, Jerry E, Lynch Plge 2 September 26, 1997 If you have any questioN or COIII:CrIII with this demand for payment, pleue c:a11. Very truly yourl, KEEFER WOOD ALLEN & RAHAL, LLP k--~.~ By Shawn W, Weis SWW/mlj q " HARRISBURG DAIRIES, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION JERRY LYNCH AND DONNA L YNC", Defendants NO, CONFESSION OF JUDGMENT To Jerry Lynch and Donna Lynch, Defendants: You are hereby notified that on OctoberdcP, 1997, the following judgment has been entered against you in the above-captioned case: Judgment in favor of Plaintiff in the amount ofS3,388,65, plus interest and costs of sui I. Ck.,-i Is ~oc".'r P. u)!llk~ " Prothonotary olf/, /Cl97 , Date I hereby certifY that the name and address of the proper persons to receive this notice are: Jerry Lynch and Donna Lynch 102 Cleversburg Road Shippensburg, PA 17257 KEEFER WOOD ALLEN & RAHAL. LLP Dated: October 21, 1997 .i? VU' v----'_ Shawn W, Weis ID #78666 415 Fallowfield Road, Suite 102 Camp Hill, PA 17011-4916 717-612-5803 Attorneys for Plaintiff By: , '*'~ '. , ' , : '. Harrisburg Dairies, Inc., Plsintiff In Ihe Court of Common Pleas of Cumberland Counly, Pennsylvania VB. Jerry Lynch and Donna Lynch, utlltmdiSllLl:J No, 5949 Civil, 19 97 Please :nark the above-referenced Judgment satisfied and discontinued without prejudice. To Lawrence E. Welker I'rolhollllUIrY 1\1 A /' (.A..) ~ AlIorncy for Plaintiff .. , j."- . \ \ ,~- .~ - ....-~. --7--_--.~~:.:.:...:;::..__~....._....:. -..,.- ... ... ~I ..... ~ ... ;l ~ . , III ..... '" 1'0 'fi '" - - ! . " . f " ' , u ....l ~ ' ., " " .... III ll. . ~ - ,.i< '" 0 U '" .. of l'l ..... ..... > ~ .. ..... .. ... ~ ..... ..... fJ < > III . ..... l'l Cl\ ~ u .r: 00 u ll. 5 " '" .. " ~ " " '" ..0 ....l .r: '" '" '" ..... .. .. .. .. :i'l .. '0 d ., .SI Z u: , -- \ \ .;~..;,..~ ~.7-""~- _.,...~_"':':"::: ~"<"