HomeMy WebLinkAbout98-02177
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LAW OFFICES
SNf.LBAKl::R.
aRENN~MAN
& SPARE
W. WAYDE KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.'ir,JIII (~uil' T,,~
v.
KLP ENTERPRISES, INC.,
Defendant
CIVIL ACTION - LAW
COMPLAINT FOR CO~FESSION OF JUDGMENT
PURSUANT TO P~,R.C.P. 2951/bl
Plaintiff, by his attorneys, Snelbakor, Brenneman & Spare,
P. C., file this Complaint For Confession of Judgment Pursuant
to Pa.R.C.P. 2951(b) and in support thereof state the following:
1. Plaintiff is W. Wayde ~elly, an adult individuals
presently residing at 101 Kelly Drive, CarliSle, Cumberland
County, Pennsylvania.
2. Defendant KLP Enterprises, Inc. is a Pennsylvania
business corporation with a principal place of business and last
known address of Apartment 704, 1101 Lindham Court,
Mechanicsburg, Cumberland County, Pennsylvania.
3. A true and correct copy of the original Promissory
JUdgment Note ("Note") dated November 10, 1997, ~lhich Note shows
the Defendant's signature by its duly authorized President, is
attached hereto and incorporated by reference herein as "Exhibit
An,
4. The attached Note serves as the instrument upon which
this Complaint For Confession of JUdgment is based.
5. JUdgment entered hereby is not being enter.ed by
confession against a natural person in connection with a
lMV Ofl'tClF.l.l
SNC::LEJAKER,
BRF:NNEMAN
a SPARE
consumer oredit transaction.
6. The attached Note has not been assigned.
7. Judgment has not been entered on the attached Note in
any jurisdiction.
8. Judgment under the Note need not be entered only after
a default or the occurrence of a condition precedent.
9. The amounts due by Defendant under the Note presently
are itemized as follows:
A. Principal Sum: $150,000.00
B. Unpald Interest: 10,500.00
C. Collection Fees (15% of items
A and B, above) : 24.075.00
Total: $184,575.00
WHEREFORE, Plaintiff demands jUdgment against KLP
Enterprises, Inc. as authorized in the warrant in the attached
Note in the principal sum of $150,000.00 together with interest
in the amount of $10,500.00, costs of this action and collection
fees as indicated above.
SNELBAKER, BRENNEMAN & SPARE, P. c.
By:
Kf..f!t9u<<ue--
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
W. Waydo Kelly
-2-
Date:
April 17, 1998
~
,
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PROMISamrL JUDGMENT NOTE;
$l!'lO,OOO.OO
November -15:_, 1991
On demand after date, KLP ENTERPRISES, INC., the undersigned
Maker, hereby promises to pay to W. WAYDE KELLY, or his assigns,
the sum of One Hundred Fifty Thousand and NO/100 ($150,000.00)
Dollars, without defalcation, value received, with interest at
the rate of fourteen per centum (14%) per annum from the date
hereof, said interest to be paid monthly on the 10th day of each
calendar month, the first such payment to be due and payable on
December 10, 1997. In addition to the foregoing, Maker promises
and agrees to pay the sum of $150.00 as a late charge for each
monthly installment of interest which remains unpaid more than
five (5) calendar days after its due date aforesaid; said charge
being as liquidated damages in lieu of aotual damages and not as
a penalty. And further, said Maker does hereby authorize and
empower the prothonotary or any attorney of any court of record
of Pennsylvania or elsewhere at any time or times and without
default to appear for and enter judgment against it for the above
principal sum and interest, with costs of the action, with or
without declaration or complaint, release of all errors, without
stay of execution, and with fifteen per centum (15%) added for
collection fees; and said Maker also waives the right of
inquisition on any real estate which may be levied upon to
collect the obligations evidenced by this Note and it voluntarily
condemns the same and authorizes the Prothonotary to enter said
EXHIBIT 1\
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