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HomeMy WebLinkAbout07-1299 RICKY A. GARMAN, t/d/b/a GARMAN REMODELING, Plaintiff VS. JERRY M. TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW . NO. 67 - !AQ f CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I, Bradley L. Griffie, Esquire, of Griffie & Associates, pursuant to the warrant contained in the subject Note, a copy of which is attached hereto, hereby appear on behalf of the above Plaintiff and confess judgment in favor of the Plaintiff and against the named Defendant in accordance with the Complaint, in the amount of SEVENTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY-EIGHT AND 81/100 ($74,778.81) DOLLARS, together with costs, interest, and fees as may be allowed in the Note. DATE: ) 11 b GRIFFIE & ASSOCIATES OWHanover quire treet Carl isle, PA 17013 (717) 243-5551 (800) 347-5552 I RICKY A. GARMAN, t/d/b/a GARMAN REMODELING, Plaintiff VS. JERRY M. TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, Ricky A. Garman t/d/b/a Garman Remodeling, by his attorney, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, hereby files the within Complaint, averring as follows: 1. Plaintiff, Ricky A. Garman, t/d/b/a Garman Remodeling, is a sole proprietorship having its principle office at 14 Church Road, Carlisle, Pennsylvania. 2. Defendant, Jerry M. Trolinger, (hereinafter referred to as "Trolinger") is an adult individual whose current address is 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about December 22, 2006, Defendant executed and delivered to Plaintiff a Note in the principal amount of $74,778.81. A true copy of the said Note is attached hereto and incorporated herein as Exhibit "A". 4. The said Note has not been assigned by Plaintiff. 5. Judgment has not been heretofore entered on the Note in any jurisdiction. 6. By the terms of the said Note, Plaintiff is entitled to confess judgment on the said Note upon default of the terms of the Note. 7. Under the terms of the Note, Defendant was to provide payment of SIX HUNDRED AND XX/100 ($600.00) DOLLARS per month, beginning on December 1, 2006, and continuing on the first day of each month thereafter until paid in full. 8. Defendant has failed to make payment as required on December 1, 2006, January 1, 2007, February 1, 2007 and March 1, 2007. 9. As of the date of this Complaint, the principal balance of the Note is $59,778.81, and this balance remains due. WHEREFORE, Plaintiff hereby confesses judgment in the sum of $59,778.81 as authorized in the warrant appearing in the attached Note, together with any costs, interest, and fees as provided in the said Note. Respectfully submitted, GRIFFIE & ASSOCIATES riffie, Esquire rttorn%y for Plaintiff rth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 6 Z e . Gri 'e, Esquire RICKY A. GARMAN, t/d/b/a GARMAN REMODELING, Plaintiff VS. JERRY M. TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW . NO. : CONFESSION OF JUDGMENT CERTIFICATE OF RESIDENCE I hereby certify that the residence of the within named Defendant, Jerry M. Trolinger, is 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17053. / FPA iffie, Esquire nover Street Carlis17013 (7 17) 243-5551 (800) 347-5552 $74,778.81 NOTE December ? ? '2006 Jerry M. Trolinger of 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania, ("Maker"), for value received, promises to pay to the Ricky A. Garman t/d/b/a Garman Remodeling, ("Payee"), the sum of SEVENTY FOUR THOUSAND SEVEN HUNDRED SEVENTY EIGHT AND 81/100 ($74,778.81) DOLLARS, without interest. Payments shall be made in the amount of FIFTEEN THOUSAND AND 00/100 ($15,000.00) contemporaneously with the signing of this Note and the balance payable in the amount of SIX HUNDRED AND 00/100 ($600.00) per month with the first payment being due on the first day of December and then the first day of each month thereafter until paid in full. All sums, however, must be paid in full no later then March 1, 2007. Should Maker or be late on any one payment, interest shall become due and payable from the date of this Judgment Note in addition to all the remaining principal based on the principal amount of $29.973.00 at the rate of (6%) per annum. Maker shall have the right of prepayment of this Note, in whole or in part, at any time and from time to time, without penalty. AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT, TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR. THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY, SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS OFTEN AS OCCASIONS THEREOF SHALL OCCUR. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this note, as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting any of maker's property, real or personal, 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 of execution, exemption from civil process or extension of time for payment, as well as the right of inquisition on any real estate that may be levied upon under a judgment obtained by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on any writ of execution issued thereon, and agrees that such real estate may be sold upon any such writ in whole or in part in any order desired by Payee. Maker waives presentment for payment, demand, notice of nonpayment, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note, and he agrees that his liability shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by an indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee; and maker consents to any and all extensions of time, renewal, waiver or modification granted or consented to by Payee with respect to the payment or other provisions of this Note, and to the release of any property now or hereafter securing this Note with or without substitution, and agrees that additional makers, endorsers, guarantors or sureties may become parties hereto without notice to him or affecting his liability hereunder. Payee shall not by any act of omission or commission be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provisions of this Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective successors and assigns of Payee and Maker. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS 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. THE MAKER FURTHER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION HEREWITH. IN WITNESS WHEREOF, Maker has duly executed this Note as of the day and year first above mentioned. DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ??"O?' DAY OF 2006, A PROMISSORY NOTE FOR $10,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED F R IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN ANY MANN ?RPERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL ADVICE. r INITIALS: AFFIANTS: ?\ '/ (SEAL) JERRY M. L GER COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND On this, the : -Aay of, , 2006, before me, the undersigned officer, personally appeared JERRY M. TROLINGER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto setRr ynd and official seal. MONWE..ALTH OF-? PENNSYLVANIA NOTARIAL SEAL . ?- r,U SAMUEL P, MANNINO, NOTARY PUBLIC MYCOMMIS? ON EXPIRES FEBRUARYN 4, 2000 NOTARY PUBLIC r ?. r r? 7J- ?.p t IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. RICKY A. GARMAN, t/d/b/a GARMAN REMODELING, Respondent CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Ricky A. Garman t/d/b/a Garman Remodeling, in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007- 1299 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled CERTIFIED FROM THE RECORID thi T s--- - day of _... )/-- 4A:?4 , 20 ?U Clerk, W& Rank pt y urt Per ?--? Deputy Clark By the Court, (R'5? ut Robert N. Ope4 11, Bankruptcy Judge mE? This demerit it electmnically signed and filed on the same dam. Date(tQ%Xqlz66-R-8? -RNO Doc 72 Filed 10/23/08 Entered 10/23/08 11:00:48 Desc Main Document Page 1 of 1 ,?..x ? ? ? ` ;? •}? `? "`? V ? '' t ?, ? " `Z _. •?7;_ \ ° x , y ?? `j ?'4 ft r r ??? ?., ?. ?1