HomeMy WebLinkAbout03-0912IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
AMERICAN NATIONAL AUTO and
JOHN VOLPE
Defendants
: No.:
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrants of attorney, verified copies of which are attached as
Exhibits A and B to the Complaint filed in this action, I appear for the defendants and confess judgment
in favor of the plaintiff and against defendants as follows:
Unpaid balance of Note:
Unpaid interest:
Costs:
Total due under Note and Guaranty:
Attorney fees:
Total amount now due:
$183,525.00
$ 34,928.00
$ 2,600.00
$221,053.00
$ 22,105.30
$243,158.30
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 instruments attached at Exhibits A and B of the
Complaint.
Philip LYZulIi, Fosqtlire
Attorney Id. No. 47499
Judgment entered as above, ~~. o?
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
,2003.
Long, Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
V~
AMERICAN NATIONAL AUTO and
JOHN VOLPE
Defendants
: No.:
CIVIL ACTION - LAW
NOW COMES, Plaintiff, Capital Credit Corp., and files this complaint pursuant to Pa. R.C.P. No.
295 l(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, AMERICAN NATIONAL AUTO, is a business located at 236 N. RTE. 93, Berlin,
New Jersey, 08009.
3. Defendant, JOHN VOLPE, is a natural individual and designated Officer/Co-owner of
AMERICAN NATIONAL AUTO.
4. Defendant, JOHN VOLPE, is a natural individual and personal Guarantor of AMERICAN
NATIONAL AUTO.
COUNT 1
CAPITAL CREDIT CORP. v. AMERICAN NATIONAL AUTO
CONFESSION OF JUDGEMENT
5. A tree and correct copy of the original instrument authorizing warrant of attorney to confess
judgment against the Defendant, American National Auto, which was duly signed and executed
10.
11.
by John Volpe at Plaintiff's principal address is attached as Exhibit A.
Judgment is not being entered by confession against a natural person in connection with a
consumer credit transaction.
The attached original instmmem at Exhibit A has not been assigned or transferred.
Judgment has not been entered in any jurisdiction on the attached original instrument at Exhibit
A authorizing confession.
According to the provisions of the warram of attorney to confess judgmem, default is not a
condition precedent to appear for and confess judgment for the sum due under the attached
original instrument at Exhibit A.
Plaimiff demands judgment as authorized by the warrant of attorney to confess judgment.
Consequently, the defendant is liable to plaintiff as follows:
Unpaid balance of Note:
Unpaid interest
Costs
Total due under Note and Guaranty
Attorney fees:
Total amount now due:
$183,525.00
$ 34,928.00
$ 2,600.00
$221,053.00
$ 22,105.30
$243,158.30
plus interest at 10 % per annum on the amount of the note after date of entry ofjudgrnent under
the terms of the verified copy of the original instrument attached at Exhibit A of the Complaint.
WltEREFORE, Plaintiff demands judgment against the Defendant, American National Auto, in the
sum of$243,158.30 plus costs of suit and interest at 10% per annum on the unpaid balance of principal
and interest, $221,053.00, as authorized by the original instrument attached as Exhibit A and the warrant
of attorney appearing within said attached instrument.
12.
13.
14.
15.
16.
17.
18.
19.
COUNT 2
CAPITAL CREDIT CORP. v. JOHN VOLPE
CONFESSION OF JUDGEMENT
Paragraphs one through 11 are hereby incorporated by reference.
John Volpe agreed to be Guarantor for American National Auto and signed a Guaranty
containing a warrant of attorney to confess judgement. A true and correct copy of the original
instrument authorizing warrant of attorney to confess judgment against John Volpe, as Guarantor
for American National Auto, which was duly signed and executed by John Volpe at Plaintiff's
principal address is attached as Exhibit B.
American National Auto has failed to satisfy the obligations for which John Volpe agreed to be
the Guarantor.
The attached original instrument at Exhibit B has not been assigned or transferred.
Judgment has not been entered in any jurisdiction on the attached original instrument at Exhibit
B 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 B.
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 Note:
Unpaid interest
Costs
Total due under Note and Guaranty
Attorney fees:
Total amount now due:
$183,525.00
$ 34,928.OO
$ 2,600.00
$221,053.00
$ 22,105.30
$243,158.30
plus interest at 10 % per annum on the amount of the note after date of entry of judgment under
the te~ms of the verified copy of the original instrument attached at Exhibit B of the Complaint.
WltEREFORE, Plaintiff demands judgment against the Defendant, John Volpe, in the sum of
$243,158.30 plus costs of suit and interest at 10% per annum on the unpaid balance of principal and
interest, $221,053.00, as authorized by the original instmmems attached as Exhibit A and Exhibit B and
the warrant of attorney appearing within said attached instruments.
Philip L. Zullff, Esquire(,/
Attorney Id. No. 47499
1501 North Front Street
Hamsburg, Pennsylvama 17102
(717) 238-9004
A~de~lum D (Page o~e of two pagea~ PROMISSORY NOTI~
[enter amount of line of credit] at Mechanicsbur& Cumberland County, Pennsylvania, FOR VALUE
RECEIVE~), w~thout defalcation, and intending to be legally
Pennsylvania licensed vehicle Dealer (which is a [check one] Q~
~) (hereafter called the "Maker"), w~th its principal offices located at the addre~ stated w~thin the Capital Credit Exclusive Floor-
plan Agreement, to which this Agreement is attached and iocorporated as Addendum D, hereby unconditionally promises to pay to the order
of CAPITAL CRg. DIT CORP. (hereinafter called "Payee"), at ! 100 York Street, Mechanicsburg, Pennsylvania, 17055, or at such other
addr-'~ as the Payee may f~om time to time designate in writing to Maker, the poncipal sum of[enter in words amount of line of credit]
~ . - ~l . _ ~- ...... ~.~,~' ~: ...... ~ dollars ($ ~,. ), together w~th interest thereo~ at the
rate per annum ofTEN percent (10 %), which rate shall be in effect only after entry ~f~ny iudnm~nt entered on or pursuant to this Note
should such become necessary due to a default.
I The principal sum of this Note and any other amounts due hereunder shall be payable in lawful money of the Umted States o£
America in the manner provided m a document signed this same date, and entitled "Capital Credit Corp Exclusive Floor-plan
Agreement"
2 Overdue principal and interest on the principal sum ofthis Note and ali other overdue amounts payable hereunder or under any
Loan Alinement (defined below) or any other document delivered by ]Maker in connection W~th this Note ot the Loan A~'eement
shall bea~ interest compounded and payable on demand at a rate per annum ofTEN percent (I 0%) until such amount shall be paid
in full.
3 The pnnctpal sum of this Note shall be payable ~mmediately upon written demand for payment by Payee, and tn no event ,ot less
4. The principal amount of this Note may be prepaid in whole or in part at any time w~thout penalty, provided that any prepayment
shall be accompanied by payment of any accrued penalty fees as provided m a document ofsame date and entitled "Capital Credit
Corp. Exclusive Floor-plan Agreement."
5 Maker's obhsahons under th~s Note, and certain other oblisatlons of the Maker to Payee, are secured pursuant to a certam Security
Agreement dated as ofthe date bemofpursuant to which Maker has granted to Payee a lien and security interest tn cemun assets
of Maker ("Security Agreement").
6 The obligations of Maker are further 8uaranteed by certain individuals and/or shareholders and/or affiliated corporations (each
indiWdually included wthin the term "Guarantor"), which have each guarameed the oblisations of Maker pursuant to a Guaranty
A~reement (individually and collectively called "Guaranty") of even date bereW~th.
7 Any default by Maker or any Guarantor under the Capital Credit Corp. Exclusive Floor-plan Agreement, the SecUrity Agreement
or the Guaranty or Guanmties (the Capital Credit Corp. Exclusive Floor-plan Asreement, the Securily Agreement or the Guaranty
or Guarant~es are here~n referred to ns the "Other Documents") shall, at Payee's option, constitute a default under this Note
8. Subsequent to enid] ofjudgrnent, all payments hereunder shall be tn 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 las~
to the reduction of the outstanding Pnncipai balance.
9. Maker shall have the right to Prepay the Principal balance ofthis Note, in whole or in part, at any time without panalty or premmm
I 0 This Note ~s issued pursuant to the"Capital Credit Corp. Exclusive Floor-plan Agreement" between Maker and Payee of even date
herewith, and evidences ~e Loan to Maker via a Line of Credit made available by Payee thereunder.
! i For a statement of the Events of Default which the indebtedness evidenced by this note may be subject to demand or mandatory
prepayment, or may become immediately due and payable, reference is made to Paragraph 13 of the "CaP'tat Credit Corp.
Exclusive Floor-plan Agreement"
i 2 In the event ofthe happening of any Event of Default, and when such Event of Default shall have theretofore not 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 riSht, upon written notice to the Maker, to declare the entire remaining unpaid Principal balance hereof to be immediately due
and payable, whereupon the entire unpaid I~ncipal amoum hereof and all other fees and penalty fees accrued under the Other
Documents shall become immediately due and payable (notwi~ding the not,ce reqmrements set forth at Paragraph 3 above)
in ali cases without any further action or notice on the part of the Payee. in addition, the Payee shall have all ot,~"r flights granted
to it upon the happening of an evem of default under the Uniform Commercial Code oftbe Commonwealth of Pennsylvania.
Adde~dem D (Pa~e taro of lwo pages)
13
WARRANT OF ATTORNEY TO CONFESS JUDGMENT: maker hereby irrevocaldy authorizes ann empowers the
Prothonotary or any ntloruey or any clerk of any court of record, with m' w~mst default, to appear for and confess
judgment a~ainst maker for soch sums as are due and/or may become due under this note, with or without dedaratima, with
costs of suit, without stay of execution ann with an ana~snt, for lien priority ~ equal to ten percent (10~) of the
amount of such judgment, but not ~ than five thonsann do,ars ($5,000.0~), added for attorney fees. To the extent
permitted by Ime, maker rdeam~ all errors in satin proceedings. Ifa copy of this note, vt. rifled by affidavit by or on behalf
of the holder of this note shall have been filed ia such action, it shall not be necessary to I"de the original note as a warrant
of attorney. The antbocity ann penver to appear for ann confess iud[meat a~ainst maker shall not be exhansled by the
initi-~ exercise thereof and may be exercised as often as the holder sludl finn it necessary ann desirable ann this note shall
be a sofl"~-ient warrant therefore. HokSer may confess one or more jml~ments in the ~ame or different jurisdictions for aA
or any part of the amount owin~ herennder, without r~ard to whether jud[ment has theretofore been confessed on more
than one occasion for the smue amounL In the event any judgment confessed a~ainst maker hereunder is stricken or optued
upon application by or on maker's bdmif for any reason, holder is hereby authortted ann empowered to again appear for
and confess jndpaent a~aiast maker for any part or al of the amounts owing heronnner, as provided for herein, ifdoing
so will cure any errors or defects in such p~or proceedings.
14
15
16
17
18.
19.
Maker hereby wmves and releases all errors, defects and imperfections of a procedural nature in any proceedings instituted by the
Payee under the terms ofthis Note or the Other Documents, as well as all benefit that might accrue to the Maker by virtue of any
present or future laws exempting any property, real or ptnsonal, or any part of the proceeds arising from any sale of such property,
from attachment, levy or sale under execution, or providing for any stay ofexecution, exemptwon §om civil process or extension
of time for payment, as well as the nght of inquisition on any real estate that may be leXned upon under a judgment obtained by
virtue hereof, and the Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on
any writ ofexecution issued thereon, and a&rees that such real estate may be sold upon any such wot in whole and in part in any
order desired by the Payee.
No failure or delay on the pan ofthe Payee in exercism8 any right' power or privilege hereunder shall operate as a waiver thereof,
nor shall any single or partial exercise of any nght, power or privilege hereunder preclude any other or further exercise thereof
or the exercise of any other nght' power or Privilege. The Payee shall not be deemed, by any act on'omission or commission, to
have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Payee.
This Note is executed and delivered in, and shall be governed by and construed in accordance W~th the laws of the Commonwealth
of Pennsylvania.
Maker's obligations hereunder shall be binding upon Maker's heirs, successors and assigns
This Note may only be amended by wriRen instrument executed by both Maker and Payee.
This Note shall inure to the benefit of Payee, its successors and assigns, and all Holders of this Note.
IN WITNF_,S~ WIIERF_,OF, and intending to he 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.
ATTEST:
By (signature of maker)
Print Name:
Title:
Name of Dealer:
Addemlum C GUARANTY
............... ,. i~ , , , ,:~ ~:~. :, : ,to CAPITAL
CREDIT CORP. (herema~r called "Lender'*) a corporat~n wroth its I~ncipal office at ! 100 York StreeL Medmmcsburg, Pennsyl. vania 17055
1. To lnduee Capital Credit Corp. te extend a llne of credit ssml ~ fleer-phm ~ to Dealer (named and described v, lthin the Exclusive
Floor-plan Agreement to which this Guaranty m attaded and hereby incorporated by refo'ence) for the purchase of automobiles at Hamsbur8 Auto
Auct~k Inc., i 100 York Slteet, Medunucsburg, PA 17055, the Umlorsigned, ~ one er mere, in cemldetaden t~ereef, ~ ¢~
er seared by the Ezdm~ve Fleer-pl~ Alreeme~, ~ ~ er IN,emtmery No~ e~md by the Dealer eleven dale herewt~ (ami
he~ tded "~he Other i)etmnms") and nwy cheek, imed lo Capltal Credit b7 Denier er any of Dealer's ~l,q~ee~ml~ tqea,er
n4th ny h or upeme int-urted I,~ Cipitnl CredH in eoHettinl er nttemptinl to tolim nth debts, im4ndbat attorney's fees.
2. Guarantor{s) hereby uncondilionaily guaramees a) the prompt, punctual and full payment of the prmopal of the line of crediL and any fees accrued
mthe .Othm..Doc .umW. in accordance with ~e lerrns and tenor thes'eof, all as complete~, and effectually as if such guaranty had been made by the
tm m writing and signed by them on the face ofthe Note; b) the prompt, punctual and full performance by Dealer of any md all ofthe agreen~nts,
covenants, Imm and conditions agreed to be performed by Deelev under the provtSions of the Other Doctanems execmed of even date w~th this
Cmaramy; and c) thai if a deflault tm&er the Olber Documents shall occur, then Cnmnmtors will pronq)Oy nmke of cause paymem to be made under the
No~e and will perform or cause to be performed all such terms, covenants nnd conditions of the Promissory Note.
3 The undeflilP~ed acknowledge(s) that Capital Credit shall have the right to refuse to transact business Wqh Dealer, modify, or release any. and all
c...oll~er~ security, tO extend or change term of pay~Mnt and to settle or compromise w~th Denier w~thom notk:e to the undersigned and Without
4. This guara~.- *s to be a continuing g~aranty and the undersigned hereby waives noUce of acceptance of tins guarant~ and presentment, demand,
pro~est, md my no~ce of non~ or dishonor.
5 Guarantors agree thai their liabihty hereunder as Gu~anlof shall no1 be impaired or affected ~' a) ~, renewal or extension which may, be made (~th
or Wqhout their knowledge or consent) of the time of payment of any amoum due under Om Other Documents, or of the time fo~ performance ~ any
party obligated thereto of any of the terms and provisions of the ~ Documents; b) by any fo~ or delay m en£orcmg .payment of the N~te or
enforcing the obligations of any party or person to the Other Doownents, in accordance with the tern-a: thereof; of c) ~ any modification of d',e terms,
tenor or provisions of the Note, or the Other Documents.
6. Guarantors agree Om ~ may. beF)med m an)' acaon or demand for Artnuanon against Dealer: and that recovery ma)., be had against Guarantors
e~ther m sud~ ac1~n or any mdependem acbon wqhom exlmuslm8 any remedy or chum against Dealer, includin~ spe~d'~ally but vnthom linmatma of
any. kind, the collection oflhe securily afforded by the said Agreeme~ debt.
7. The umlemgned shall be liable as principal debtor and not merely, as sure~y., and Om bankrupts, or any assignment in favor of creditors of Dealer
shall not effect the enforceability of this agreement.
8. This insmanem shall bind the respective heirs, executors, administrators, and assigns oftbe undersigned, and shall inure to the benefit of Capital Credit
9 Where there m more than one signatory, to IfUs agreemenL each signatory shall be jointly and severally liable under fi'ns Agreement.
'mt rOLLOW G SWnON st-rs maTH WAnZ rs ANY CONm J DGMtNTS
iS~, GUARANTOR. in ~ ~gra~_~.~.,_fl~__._w .m.r~ of ntt...ot~, to cml~m ~mil~emts ngalnmt lum'nntor, glmrnn~r hereby
headq uneer u,e respeeUve temdtm~m~ ~ hem d Ibc C~ ed' ~ and the Ueteed
~at~~. ~ ~ ~ dee m lender Ulme ri, th dda,dl er event d de&nil, iwevtded ~ ~ ~m cern d nde and
.~~~ ~~ tO wluch ~ Agreements attached and ,nc, oqx)r~ed aS Adden~m C
', Capila] Credil Corp
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.
The undersigned further verifies that the Note attached at Exhibit A and the Guaranty attached
at Exhibit B of the Complaint are true and correct copies of the original Note executed for American
National Auto and the original Guaranty executed by John Volpe.
This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code
(relating to unsworn falsification to authorities).
John Co~gd°n, Vice Pre~ent -
February 19, 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
: CIVIL ACTION - LAW
: No.:
Defendants :
CERTIFICATE OF RESIDENCE
I certify that plaintiff, CAPITAL CREDIT CORP., is located at 1100 YORK STREET
MECHANICSBURG, PENNSYLVANIA, 17055; that defendant, AMERICAN NATIONAL AUTO, is
located at 236 N. RTE. 93, BERLIN, NEW JERSEY, 08009, and that defendant, JOHN VOLPE, resides
at 250 N. RTE. 93, BERLIN, NEW JERSEY, 08009.
I understand that false statements made in this certificate are subject to the penalties of 18 Pa.
C.S.A. §4904, relating to unswom falsification to authorities.
CAPITAL CREDIT CORP.
Plaintiff
AMERICAN NATIONAL AUTO and
JOHN VOLPE
Date: February 19, 2003
~ t /~/
Attorney Id. No. 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
AMERICAN NATIONAL AUTO and
JOHN VOLPE
Defendants
CIVIL ACTION - LAW
NOTICE
TO:
JOHN VOLPE
250 N. Rte. 93
Berlin, New Jersey, 08009.
Pursuam 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: February ~ ,2003
--ng, ~;~-honota~y- ~
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 PENvNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
AMERICAN NATIONAL AUTO and
JOHN VOLPE
CIVIL ACTION - LAW
No.:
Defendants
NOTICE
TO:
AMERICAN NATIONAL AUTO
236 N. RTE. 93
Berlin, New Jersey, 08009
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: February ~,~) ,2003
Curt Long, Prothonotary
If you have any questions concerning this notice, please call Philip L. Zulli, attomey for plaintiff, at this
telephone number: 717-238-9004.
CAPITAL CREDIT CORP.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
: CIVIL ACTION - LAW
:
Plaintiff :
: No.:
:
._
Defendants :
CERTIFICATE OF RESIDENCE
I certify that plaintiff, CAPITAL CREDIT CORP., is located at 1100 YORK STREET
MECHANICSBURG, PENNSYLVANIA, 17055; that defendant, AMERICAN NATIONAL AUTO, is
located at 236 N. RTE. 93, BERLIN, NEW JERSEY, 08009, and that defendant, JOHN VOLPE, resides
at 250 N. RTE. 93, BERLIN, NEW JERSEY, 08009.
I understand that false statements made in this certificate are subject to the penalties of 18 Pa.
C.SA {}4904, relating to unswom falsification to authorities.
AMERICAN NATIONAL AUTO and
JOHN VOLPE
Date: February 19, 2003
Philip L~/ulli, Esquire
Attorney Id. No. 47499
1501 North Front Slxeet
Hamsburg, Pennsylvania 17102
(717) 238-9004
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
AMERICAN NATIONAL AUTO and
JOHN VOLPE
: CIVIL ACTION - LAW
:
:
:
: No.: 2003 - 912 CIVIL TERM
:
Defendants
PRAECIPE TO REINSTATE COMPLAINT
To The Prothonotary:
Pursuant to Pa.R.C.P. No. 401(b)(1), please reinstate the attached Complaint in the
above-captioned matter.
Philip L. Z-ull_'~ E. sq..~//
Attorney for plaintiff/
1501 N. Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004