HomeMy WebLinkAbout03-0532ORRSTOWN BANK,
Plaintiff,
MELISSA A. HEBERLIG, d/b/a
The Book Merchant,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-- V--'39. Ci¢,/
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a coy of
which is attached to the complaint filed in this action, I appear for the defendant and confess
judgment in favor of the plaintiff and against defendant as follows:
Principal $4,364.43
Interest $ 13.30
Attorney Fees $1,000.00
Costs $ 45.50
TOTAL:
$5,423.23
David A. Baric, Esquire
Attorney for Defendant
dab.dir/orrstownbank/heberlig/confessionjudgment, pld
ORRSTOWN BANK,
Plaintiff,
MELISSA A. HEBERLIG, d/b/a
The Book Merchant,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
COMPLAINT IN CONFESSION OF JUDGMENT
NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC
& SCHERER, and files the within Complaint and, in support thereof, sets forth the following:
1. The principal business of address of Orrstown Bank is 77 East King Street,
Shippensburg, Cumberland County, Pennsylvania.
2. The last known address for Defendant, Melissa A. Heberlig, is 1020 Brinker
Drive, Apt. #301, Hagerstown, Maryland 21740.
3. Defendant's last known business address is 22 East King Street, Shippensburg,
Cumberland County, Pennsylvania.
4. On or about April 9, 1998, Defendant executed a Promissory Note payable to
Orrstown Bank. A true and correct copy of the Promissory Note is attached hereto as Exhibit
"A" and is incorporated by reference.
5. Judgment is not being entered by confession against a natural person in
connection with a consumer transaction.
6. Demand has been made on Defendant to pay the amount due and owing under the
Promissory Note and she has, without justification, failed and refused to pay.
Judgment has not been entered on the Promissory Note in any other jurisdiction.
The amount due and owing is calculated as follows:
Principal $4,364.43
Interest to 1/28/03 $ 13.30
($.70 per diem)
Attorney Fees $1,000.00
Costs (to 1/29/03) $ 45.50
TOTAL: $5,423.23
WHEREFORE, Plaintiffrequests judgment as authorized by the warrant in the amount of
$5,423.23.
Respectfully submitted,
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Orrstown Bank
dab.dir/or rstown bank/heberlig/con fessioncom plaint, pld
01/30/2003 14:04 7172495755 O9S LAN OFFICE PaGE 04
The statements in the foregoing Complaint In Confession Of Judgment are based upon
information which has been assembled by my attorney in this litigation. The language of the
statements is not my own. I have read the statements; and to the extent that they are based upon
information which I have given to my counsel, they are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 1 $ Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
$ 5,000. O0
PROMISSORY NOTE ' Lban# April 9
Dated * , 19.
Debtor The Book Merchant
bt_ 69 East King Street, Shippensburg, PA
Debtor
of
FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the person or Demons who sign as debtor below (each jointly and severally liable if
more than one person and hereinafter referred to as "Debtor"), promises to pay to the order of OrrstoT, ra Bank. .........
("Lender")
at any of Lender's branch offices,
the Principal sum of F±ve Thousand and 00/LO0 ($5,000.00) ................... Dollars
in lawful money of the United States, to be paid as follows: On demand, toge,ther with accrued interest then outstanding.
Interest from the date of this Note shall accrue on the unpaid Principal balance hereof at the rate of 0%_.~er annum above the
f e rate desi nated b Lender from time to time as its Prime Rate
and shall be payable~
as billed.
SECURITY INTER EST: As security for the prompt payment as and when due of all amounts due under this Note,
including any renewals, extensions and/or modifications thereof, together with all other existing and future
liabilities and obligations of Debtor. or any of them, to Lender whether absolute or contingent, of any nature
whatsoever and out of whatever transactions arising (hereinafter collecbvely referred to as the "Liabilities"), in
addition to any other security agreement or document granting Lender any righb in any of Obliger's ("Obligor",
as used herein, sball include Debtor and all other persons liable, either absolutely or contingently, on the
Liabilities, including endorsers, sureties and guarantors) property for the purpose of securing the Liabilities,
Obligor acknowledges Lender's right of set-off and further hereby grants to Lender a lien and secur~ interest in
and to all property of Obligor, or any of them, which at any time Lender shall have fl ts possession, or which is in
transit to it, including without limitation any balance or share belonging to Obligor, or any of them, of any
deposit, agency, trust, escrow or other accoun or accounts with Lender and any other amounts which may be
owing from time to time by Lender to Obligor, or any of them. Said lien and security interest shall he
independent of Lender's right of set-off, which, if exercised, sball he deemed to occur at the time Lender first
resbicts access of Obligor to properly in Lender's possession, although such set-off may be entered upon
Lender's beaks and records at a bter time.
[] If checked. Debtor agrees that this Note is a renewal of the Promissory Note dated
.19 , and that. whether or not additional funds are advanced herewith.
this Note is not intended to create a totally new debt. If Lender was given a purchase money or other security
interest in connection with the prior Prom ssory Note that security interest shall be retained by Lender in
connection with this Note. '
UNCONDITIONAL LIABJLITY: Obligur's liability shall be unconditional and without regard to the nubility of any
other Obligor, a nd shall not be affectod by any indulgence, extension of time, renewal, waiver or roedificatien of
this Note, or the release, subsbtution and/or addition bt collateral security for this Note. Obligor consents to any
and all extensions of time, renewals, waivers or modifications, as well as to the release, substitution or addition
of Obligors and/or coitatorst security, without oehce to Obligor and without affecting Obliger's liability
hereunder or under the Liabilities.
This Note is entitled to the benefits of any loan agreemebt(sL surety and/or guaranty agrecment(s), security
agreement(s), mortgage(s), assignment(s), and/or other such mn documents (referred to as the "Loan
Documents") issued in connection w h the LiabdiDes whether executed previously to or concurrently with or
to be executed subseq uenl to, this Note, and which may be amended, modified, renewed or substituted with~bt
affecting in any way the ramify or enforceability of this Note.
EVENTS OE OEEAULT: Each of the following shaP be an "Event of Default" hereunder: 0.) the nonpayment
when due, or if this is a demand obligation, upon demand, of any amount payable under this Note or of any
amount when due under or on any of the Liabilities, or the follum of any Obligor to observe or perform any
agreement of any nature whatsoever with Lender including, bu not limited to those contained in the Loan
Documents; (2) if any Obligor becomes insolvent or makes an assignment for he benefit of creditors or if any
petition is filed by or against any Obligor under any provision of any state or fedora[law or statute alleging that
such Obligor is insolvent or unable to pay debts as they mature or under any provision of the Federal
Bankruptcy Code; (3) the entry of any iudgment against a ny Obligor or any of Obiigor's property which remains
unsetisfindfortifteen 15}days 4 theissolngofanyattachment, levyorgarnishmoetaguinstanypropertyof
any Ob igor; 5 the occurrence of any substantial change in the tinaoeia[ condition of any Obligor which, in the
sole, reasona bio good faith judgment of Lender is ma er a ly ad verse; {6} the sale of all or substantially all of the
assets, or change in ownership, or the dissolution, liquidation, merger, consolidation or reorganization of any
?bligor which is a corporation or partnership, without the ex pr c~ prior w~efl consent of Lender, (7) the death,
mca roerahen or ad ndication of legal incompetence of any Obligor who is a natural person, (8) if any information
or signature furnished to Lender by any Obligor at any time in connection with any of the Liabilities, or in
connection with any guaranty or surety agreement ap plicabie to any of the Liabilities, s fa se or incorrect; or (9}
the failure of any Obligor ts timely furnish to Lender such tinanol~l and other information as Lender may
reasonably request or require.
LENDER'S RIGHTS U PON DEFAULT: Notwithstanding anything to the contrary contained heroin or elsewhere,
or the fact that Debtor may he required to make Principal and/or interest payments from time to time, if this
Note is payable upon demand, Lender may demand payment of all outstanding Principal and accrued interest
at any time, whether or not an Event of Default shall have occurred. In any event, upon the occurrence of any
Event of Default, Lender may do any or all of the following:
[]) accelerate the maturity of this Note and demand immediate payment of afl outstanding Principal and
accrued interest. Debtor agrees to pay interest at the rate provided in this Note on all such sums until Lender
has actually received payment in full thereof, even if Lender has obtained judgment against Debtor therefore.
12) pursua~t tu the Warrant bt Attoroey c~ntaioed herei~~ c~nfess jedgment aguinst Debtor~ or any ~f them.
(3} exerolse Lender's right of set-off and ali of the rights, privilegus and romedies of a seoured party under the
Pennsylvania Uniform Commercial Code and all of its rights and remedies under any security agreement,
pledge agreement, assignment mortgage, pewer, this Note or any other note, or other agreement, instnJment or
document issued in connection with or arising out of any of the Liabilities, all of which remedies shall be
cumulative and not alternative. The net proceeds of any co[lateral held by Lender as security for any of the
Liabilities shall be applied first to the expenses of Lender in preparing the COllateral for sale, selling and the like,
including, without limitation, reaseflabie aUoroey's fees and expenses incurred by Lender (including fees and
expenses of any litigation incident to any of the foregolnd, and second, in such order, as Lender may, in its sole
discretion, elect, to the complete sabsfaction of a o the Liabilities together with all interest thereon Oblige
waives anti releases any right to require Lender to co,ecl any o the Liabilities to Lender from any other
collateral under any theory of marshalling bt assets or otberwise, and spocifically authorizes Lender to apply
any collateral in which Obligor has any right, title or interest against any of the Obligur's Liabilities to Lender in
any manner that Lender may determine.
14) Upen tiVe (5) days wriffen n~tice to Debtor. begin accruing intorest, in addi~i~n to the interest pr~Vided tor
above, if any, at a rate not to exceed four percent (4%) per annum on the unpaid Principal balance; provided, ~
however, that flu intorest shell accrue hereunder in excess ortho maximum amount ofinterest theft allowed by
law. Debtor agrees to pay such accrued interest upon demand
WARRANT OE ATTORNEY: Debtor, and each of them if mo~e than one, hereby irrevocably authorizes and
empowers any Attorney or any Clerk bt any court of record p~ior to, upon or after the occurrence of any Event of
Defauit, asspecified above, teappearfor and CONFESSJUDGMENTaguins Deb or, oranyoftbem (a)forsuch
sums as are due and/or may become due on the Liabilities, and/or {b) in any action of replevin instituted by
Lender to obtain possession of any collateral securing this Note or securing any of the Lin bildies, in either case
with or without declaration, with costs of suit, without stay of execution and with an amount not to exceed fifteen
percent (]5%) of the unpaid principal amount of such judgment, but not less than One Thousand Dollars
{$f,O00.O0), added for attorney's collection fees. Debtor: (1) waives the right of inquisition on any real estate
levied on, voluntarily condemns the same, authorizes the Prothonotary or Clerk to enter upon the Writ of
Execution said voluntary condemnation and agrees that said real estate may be sold on a Writ of Execution;
(2) to the extent perroitted by law, waives and releases all relief from arl appraisement, stay, exemption or
appeal laws of any state now in force or hereafter enacted; and [3) releases all errors in such proceedings. If a
copy of this Note, verified by affidavit by or on behalf of Lender shall have been filed in such action, it shall not
be necessary to file the original Note as a Warrant of Attorney. The a uthordy and power to appear for a nd enter
judgment against Debtor shall not be exhausted by the in dial ese C se thereof, and the sa me ma y he exercised,
t om t me to time as often as Lender shall deem necessary and desirable and this Note shall be a sufficient
Warrant therefore. Lender may enter one or more judgments in the same or different counties for ali or part of
the Liabilities, without regard to whether judgment has been entered Co more than one oecasion for the same
Llablhtles. In the event any judgment entered against Debtor he reu ndef is stricken or opened upon application
by or on Debtor's behalf for any reason whatsoever. Lender is hereby authorized and empowered to again
appea~ for and Confess Judgment against Debtor or any of them; subject however, to the limitation that such
subsequent entry or entries el judgment by Lender may oety be done to cure any errors in prior proceedings,
only and to the extent that such errors are subject to cure in the later proceedings.
THE PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
Debtor has duly executed this Note the day and year first above written and has hereunto set Debtor's hand and seal.
TelVIDUAL DEBTOR(S) SJGN BELOW/~ / ,
/ .~ , ~ [SEAL} The Book Merchant
Name of Cor~tion or Padne~bip/ ,
Name (SEAL) meane[itle ua~&-s~a' A. "~T~ig
Name {SEAr) A~est: ~ aed lithe
_ ~A~co~su~ ~O~M ~A ]70 m~. ~/~) EXH I B I T "A"
(SEAL}
(SEAL)
(CORPORATE SEAL(
e1985 8ANCONSUMER S£RV[CE, [NC
PRE PAYMENTS: Unless othen~ise agreed to in wri§ng by DebtoL this Note may be prepaid in wholo or in part,
at any time without penalty, However. it the Principal of this Note is repayable in installments, any such
prepayments shall be applied first to accrued interest to the date of prepayment and then on account of the last
remaining unpaid Principal payment to become due, and the number of installments due hereunder shall be
correspundingly reduced, No such prepayments shall reduce the amounts of the scheduled iestafiments nor
relieve Debtor from paying a scheduled instafiment on each installment payment date unril all Principal due
together with accrued interest thereon has been paid in lug.
DISBURSEMENT OF PROCEEDS: Each Debtor hereby represents and warrants to Lender that the Principal of
this Note will be used solely for business or commercial purposes and agrees that any disbursement of the
Principal of this Note, or any pordno thereof, to any one o~ more Debtors, shall conclusively be deemed to
constitute disbursement of such Principal to and for the benefit of all Debtors.
RIGHT TO COMPLETE NOTE: Lender may at any time and from time to time, without notice to any Otitigor:
([} date this Note as of the date when the loan evidenced hereby was made; (2) complete any blank spaces
according to the terms upon which Lender has granted such loan; and (3) cause the signature of one or more
persons to bb added as additional Debtors without in any way affecting or limiring the tiabiiity of the existing
Obligors to Lender.
MISCELLANEOUS: Debtor hereby waives protest, notice of protest, presentment, dishonor, notice of dishonor
and demand. ~ebtor hereby waives and releases all errors, defects and imperfections in any proceeding
instituted by Lender under the terms of this Note. Debtor agrees to reimburs{.J,ender for alt costs, inciuding
court costs and reasonable attorney's fees of 15% [but in no event less than $ l,O00) of the totol amount due
hereunder, incurred by Lender in connection with the collection and enforcement hereof. If this Note bears
inferest at a rate based on the reference rate designated by Lender or others from time to Ume as the Prime
Rate, Base Rate, of ofherwise, or the Discount Rate in effect from time to time as sst by the Federal Reserve 8an k
in whose ~istrict the Lender is located, changes in the rate of interest hereon shall become effective on the days
on which such reference rate changes or that Federal Reserve Rank announces changes in its Discount Rate, as
applicable. The rights and privileges of Lender under this Note shall inure to the benefit ot its successors and
assigns. Alt representations, warranties a nd agreements of Obligor made in connection with this Note shall bind
Obligor's personal representatives, bein, successors and assigns. If any provision of this Note shall for any
reason be hekl to be invalid or unenforceable, such invalidity or unenforceabildy shall not affect any other
provision hereof, but this Note shall be construed as il such invalid or unenforceable provision h ad never been
contained herein. The waiver of any Event of Default or the failure of Lender to exercise any right or remedy to
which it may be entitled shall not be deemed a waiver of any subsequent Event of Oefault or of Lender's right to
exercise that or any other i'ight or remedy to which Lender is entiRed. This Note Gas been delivered to and
acco pled by Lender in and shall be governed by the laws of the Commonwealth of Pennsylvania, unless Federal
law otherwise applies. The parties agree to the jurisdiction of the federal and state courts located in
Pennsylvania in connecUon with any manet arising hereunder, including the collection and enforcement
hereof.
Late Charge:
The borrower agrees to pay to Bank, as a late charge not ~s additional interest, an amount equal to 5%
of any payment or $50.00, which ever is greater, on any payment not received by the bank on or before
the 15th calendar day after the date the payment was due.
BANCONSUMER FORM PA 170 (Rev 12/85)
AFFIDAVIT OF BUSINESS LOAN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SoS.
Melissa A. Heberlig
deposes and says that she is the
of The Book Merchant
, being duly sworn according to law,
proprietor
owner, proprietor, general partner
Name of Business
that abe is authorized to make this affidavit on'its behalf; and that the loan
or extension of credit from Orrstown Bank as evidenced by an instrument
dated April 9 , 19--98 is for the business purpose
of workin ca ital
Sworn to and Subscribed before me
this q~/~ /'
day of ', 19~
bly Commission Expires
Notarial Seal
WilmaM Rosenberry, Notary Public I
Le terkenny Twp,, FranklinCounty
My Commission Expires March 5, 2001
Member, Pennsylvania Association of Notaries
ORRSTOWN BANK, :
Plaintiff, :
Vo
MELISSA A. HEBERLIG, d/b/a :
The Book Merchant, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I hereby certify that on February ~C ,2003, I, David A. Baric, Esquire of O'Brien,
Baric & Scherer, did serve a copy of the Complaint In Confession Of Judgment, by first class
U.S. mail, postage prepaid, to the party listed below, as follows:
Melissa Heberlig
1020 Brinker Drive
Apartment # 307
Hagerstown, Maryland 21740
David A. Baric, Esquire
ORRSTOWN BANK,
Plaintiff,
go
MELISSA A. HEBERLIG, d/b/a
The Book Merchant,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
COUNTy OF CUMBERLAND : ss.
:
David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is
counsel to the Plaintiffherein, and as such states the following:
1. The Defendant, Melissa A. Heberlig, is 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 1940, as amended.
2. The Defendant, Melissa A. Heberlig, is more than 21 years of age and has a
current address of 1020 Brinker Drive, Apartment #301, Hagerstown, Maryland 21740.
3. He has ascertained the above mformat~n by personal mvest~gat~/a~nd makes this
Affidavit with due authority. ' ' ' ' '
Sworn to and subscribed before me David A. Baric, Esquire
this 4th day of February, 2003.
~t~~
My Commissior'~ E×pi".:~: No,.,. 3c2, :;?,:'t !
ORRSTOWN BANK, :
Plaintiff, :
:
V. :
:
MELISSA A. HEBERLIG, d/b/a
The Book Merchant,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. &~ /5-'3a2
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
AFFIDAVIT OF COMMERCIAL TRANSACTION
I hereby certify that I am counsel for Orrstown Bank, the Plaintiff herein, and hereby
certify that judgment is not being entered against a natural person in a consumer transaction.
By:
/:q~RIEN, BARIC & S/~R
David A. Baric, Esquire
ORRSTOWN BANK,
Plaimiff,
Vo
MELISSA A. HEBERLIG, d/b/a
The Book Merchant,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the
best of his knowledge, information and belief, the addresses of the judgment creditor and the
judgment debtor in the above-captioned case are as follows:
17257
Plaintiff.'
Orrstown Bank
77 East King Street
Shippensburg, PA
Defendant:
Melissa A. Heberlig
1020 Brinker Drive, Apt. #301
Hagerstown, MD 21740
Melissa A. Heberlig
d/b/a The Book Merchant
22 East King Street
Shippensbur, g, PA 1736'~
David A. Baric, Esquire
Sworr)lto and subscr_r~e¢ before me
this zl[ day ofC>4qJJJlll Ikhll ,2003.
ORRSTOWN BANK,
Plaintiff,
Vo
MELISSA A. HEBERLIG, d/b/a
The Book Merchant,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. Cg g'-
CIVIL ACTION-LAW
CONFESSION OF JUDGMENT
TO:
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
Melissa A. Heberlig
1020 Brinker Drive
Apt. 301
Hagerstown, Maryland 21740
Notice is hereby given to you of entry of a judgment against you in the above matter.
Date:
Pr~tti°a~ot~y/~ ~. q
da b.dir/litigation/orrstownbank/heberlig/rule236.ntc