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Home My WebLink About03-1486HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, Defendant. Vo TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. ~)3 TO THE PROTHONOTARY: PRAECIPE Pursuant to Pennsylvania Rule of Civil Procedure 3002, enter judgment against the defendant in the amount of $135.041.95, in accordance with the attached exemplified record from the Philadelphia County Court of Common Pleas, Civil Action No. 000903, February 2003 Term, and index said judgment against the defendant. (~Mafk S. Halperh Esquire Lisanne L. Mikula, Esquire Attorneys for Plaintiff DATED: March 27, 2003 S:\Clients\Penn Business\Teeter\Praecipe (Transfer).wpd 11012-10 02- 1716 Foreign Certificate C.P. Form No. 54 I, JOSEPH H. EVERS, Prothonotary of the Court of Common Pleas of the County of Philadelphia, DO CERTIFY that the foregoing is a true copy of the Judgment and Docket Entries. Penn Business Credit, Inc. , Plaintiff(s), and Teeter's Forest Products,Inc. of February complete as the Trial Div. Family Div. , Defendant(s), and Term 2003 No. 903 as full, entire and same remains on file in the Court of Common Pleas, of the County of Philadelphia aforesaid, in the case above stated. 10-214 (Rev. 2~02) I, James J. Fitzgerald, III , Administrative Judge ofthe Court [] Trial Div. of Common Pleas, [] Family Div. , for the County of Philadelphia, DO CERTIFY that the foregoing Record, Certificate and Attestation made by JOSEPH H. EVERS, Prothonotary of the said Court, whose name is thereunto subscribed, and the seal of the said Court affixed, are in due form and made by the proper officers. I, JOSEPH H. EVERS, Prothonotary of the Court of Common Pleas of the County of Philadclphia, DO CERTIFY that the Honorable James J. Fitzgerald, III by whom the foregoing Certificate and Attestation were made and whose name is thereby subscribed, was at the time of makine thereof and still is, Administrative Judge of the [] Trial' Div. Court of Common Pleas, [] Family Div. ,of the County of Philadelphia, duly commissioned and sworn; to ail whose acts, as such full faith and credit are and ought to be given as well in Courts of Judicature as elsewhere. In Testimony Whereof, I have hereunto set my hand and affixed the seai of the said Court, this 6th day of ~A.D., 2003 . REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 030200903 PAGE 1 RUN DATE 03/05/03 RUN TIME 01:19 PM CASE NUMBER CASE CAPTION 030200903 PENN BUSINESS CREDIT INC VS TEETERS FOREST PRODUCT FILING DATE COURT LOCATION JURY 06-FEB-2003 JD CH N CASE TYPE: CONFESSION OF JUDGMENT STATUS: ACTIVE CASE Seq # Assoc Expn Date 1 Type ID APLF A43336 2 1 PLF @4654669 3 DFT @4654670 Party Name / Address & Phone No. HALPERN, MARK S HALPERN & LEVY, P.Co GSB BLDG ONE BELMONT AVE, SUITE 300 BALA PA 19004 (610)668-5454 PENN BUSINESS CREDIT ONE BELMONT AVE STE 320 BALA CYNWYD PA 19004 TEETER'S FOREST PRODUCTS INC 1605 WALNUT ST CAMP HILL PA 17011 Filing Date / Time Docket Entry 06-FEB-03 14:25:39 CONFESSION OF JUDGMENT FILED 135,041.95 HALPERN, MARK S COMPLAINT IN CONFESSION OF JUDGMENT UNDER PA.R.C.P. 2951 FOR MONEY FILED JUDGMENT ENTERED BY CONFESSION FOR THE SUM OF $135,041.95. ASSESSMENT OF DAMAGES $135,041.95 AVERMENT OF DEFAULT FILED. AFFIDAVIT OF BUSINESS TRANSACTION FILED. AFFIDAVIT OF NON-MILITARY SERVICE FILED. THIS IS NOT A RETAIL INSTALLMENT SAJ~ES AGREEMENT OF ACCOUNT NOTICE UNDER PA.R.C.P 236 GIVEN. JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION. 06-FEB-03 16:42:11 ACTIVE CASE * * * End of Docket * * * ' Court of Common pleas of Philadelpkia County Trial Division Civil Cover Sheet ;)EFENDAN~: NAME Penn Business Credit, Inc. Teeter's Forest Products, Inc. PLAINTIFF~ AODRES~e ~ One Belmont Avenue, Suite 300 Bala Cynwyd, PA 19004 PLAINTIFF'S NAME PLAINTIFF'S ADDRESS PLAINTIFF'S NAME PLAINTIFF'S ADDRESS 16Ub Walnut Street Camp Hill, PA 17011 DEFENDAN'~ NAME DEFENDANT's ADDRESS DEFENDRNT'S NAME DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO. OF DEF~NDANTB 1~ O~=: Confession of Ju~nt CASE ~pE AND COne (see I~8~UCTIONS) T OF ACTION[._.] Petition Action l1--'1 Writ of Sununo~ 1'~ Trats~ From O~r Jurisdictions Settlement_ [] Minors [] W/D/Survival I0 - Other - Confession of Judgment STATUTORY BASTS FOR CAUSE OF ACTION ~eSFl; INSTRU~I'ION~ RELATED PENDING.CASES (UET AY :ABE CAPTION AND DOCKET NUMBER) ~CT TO None TO THE PROTHONOTARY: Kindly enter my appearance on behalf o£Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. -' ,-,=~-~ o. na.tpern [±sanne [. ~ikula PHONE NU~=~.~; / FAX NUMBER ('610) 668-5454 (610) 668-5455 I.D. No.: 43336; I.D. No.: ' 59146 COOBOINATIO. O~OER? Yes No ADDRESS (BEE INSTRUCTIONS) Halpern & Levy, P.C. One Belmont .Avenue, Suite 300 Bala Cynwyd, PA 19004 B-MAIL ADDRESS hallev300@aol, tom DATE January 31, 2003 HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 1900'4 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, : ; Defendant. : Vo TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF PHILADELPHIA- COUNTY, PENNSYLVANIA FEBRUARY2003 CIVIL ACTION NO. 000903 ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT Pursuant to Pa. R.C.P. 2951 (b) and the warrant of attorney, the original or a copy 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 the defendant as follows: Principal Interest (as of 12/31/2002) Attorneys' Fees Total Real Debt $130,261.70 $ 2,280.25 $ .. 2,5OO.OO $135,041.95 After December 31, 2002, interest will accrue at the per diem rate of $39.52. DATED: January 31, 2003 HALPERN & LEVY, P.C. Lisanne L. Mikula, Esquire Judgment so entered this assessed in the sum of __ day of ,2003 and damages as per the above certification. PROTHONOTARY -2- 3. On or about May 3, 2001, Penn Business and Teeter, Inc. (hereinafter referred to as "The Parties") entered into a Financing and Security Agreement ("Agreement"), in which Teeter, Inc. granted a security interest in its collateral, as defined in the Agreement, in consideration of loans made by Penn Business to Teeter, Inc. from time to time in amounts not to exceed $150,000.00. A true and correct copy of the Agreement is attached hereto and a made a part hereof as Exhibit "A". 4. Under the Agreement, Teeter, Inc. agreed to submit to the jurisdiction of Philadelphia County with respect to any Suits brought relating to the Agreement. 5. Under the Agreement, the Parties entered into a Note ("Note") in the principal sum of $150,000.00. The Note, which is attached hereto and made a part hereof as Exhibit "B," incorporates the Agreement in its entirety. 6. On page 16 of the Agreement, defendant executed a warrant of attorney for the confession of judgment which provides as follows: BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OF ANY ATTORNEY OR ANY COURT OF RECORD TO APPEAR FOR BORROWER IN SUCH COURT, IN TERM TIME OR VACATION, AT ANY TIME, AND CONFESS JUDGEMENT AGAINST BORROWER WITHOUT PROCESS, IN FAVOR OF LENDER, WITHOUT THE FILING OF ANY AVERMENT OR DECLARATION OF DEFAULT, FOR SUCH AMOUNT AS MAY APPEAR TO BE UNPAID HEREOF FOR LOANS AND ADVANCES MADE UNDER THIS AGREEMENT, TOGETHER WITH INTEREST, CHARGES, COSTS AND REASONABLE ATTORNEY'S FEES. BORROWER HEREBY WAIVES AND RELEASES ALL RIGHT OF APPEAL, CONSENTS TO THE IMMEDIATE EXECUTION UPON SUCH JUDGMENT, AGREES NOT TO FILE ANY BILL IN EQUITY OR OTHERWISE INTERFERE IN ANY MANNER WITH THE OPERATION OF -2- SUCH JUDGMENT, AND HEREBY RATIFIES AND CONFIRMS ALL THAT SAID PROTHONOTARY, CLERK OF COURT OR A'i'TORNEY MAY DO BY VIRTUE THEREOF. BORROWER HEREBY WAIVES EXEMPTION OF PERSONAL PROPERTY AND RELEASES THE BENEFIT OF APPRAISEMENT AND INQUISITION OF REAL ESTATE. See Exhibit "A". 7. Judgment has not been entered on the Agreement or Note attached hereto in any other jurisdiction. 8. The judgment sought herein is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. Teeter, Inc. is in default under the Agreement and Note by virtue of non- payment when due of all sums due and payable on the Note, as a result of which the following amount of principal has become immediately due and payable by defendants in accordance with the terms of the Note: Principal Interest (as of 12/31/2002) Attorneys' Fees Total Real Debt $130,261.70 $ 2,280.25 $ 2,500.00 $135,041.95 After December 31, 2002, interest will accrue at the per diem rate of $39.52 10. On September 5, 2002, counsel for Penn Business made demand upon Teeter, Inc. for payment in response to which defendants have wrongfully failed to tender payment as so required. A true and correct copy of the demand is attached hereto and made a part hereof as Exhibit "C". -3- WHEREFORE, plaintiff, Penn Business Credit, Inc., demands that judgment be entered in its favor and against defendant, Teeter's Forest Products, Inc., in the amount of $135,041.95, plus interest and costs of suit. DATED: January 31, 2003 HALPERN & LEVY, P.C. B ~,_~ark S. Halpem, Esquire Attorney I.D. No. 43336 Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Buildin§, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 ATTORNEYS FOR PLAINTIFF, PENN BUSINESS CREDIT, INC. -4- VERIFICATION I, E. Robert Blank, verify that I am President of plaintiff Penn Business Credit, Inc.; and that the statements in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. §4904 relative to unswom falsification to authorities. E. ROBERT BLANK - Sworn to and subscribed before me this ~l day of'~o~....~.Z3 ,2003. Notary Public HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill,' PA 17011, Defendant. IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the plaintiff, judgment creditor, is One Belmont Avenue, Suite 320, Bala Cynwyd, PA 19004, and the last known address of the defendant, judgment debtor, is: Teeter's Forest Products, Inc. 1605 Walnut Street Camp Hill, Pa 17011 DATED: January 31, 2003 HALPERN & LEVY, P.C. Esquire Attorney I.D. No. 43336 Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Buildin§, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 ATTORNEYS FOR PLAINTIFF, PENN BUSINESS CREDIT, INC. -2- HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, Defendant. TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. AVERMENT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF MONTGOMERY : SS E. Robert Blank, being duly sworn according to law, deposes and states that he acts as President of Penn Business Credit, Inc.; that he is authorized to make this Affidavit on its behalf; that Defendant has defaulted under the terms of the Note attached to the Complaint for Confession of Judgment filed in this matter in that Defendant has failed to make payments of all sums due and owing thereunder when due, as a result of which the entire amount of $135,041.95, plus additional accrued interest became immediately due and owing. E. Robert Blank, ~r~sident Penn Business Credit, Inc. Sworn to and-subscribed before me this 31 day of ~-.. ~.~...~, 2003. Notar~ Public Lower M~rioa T~Jp., Mm~tg~:ne.~ Ccun~ -2- HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, Defendant. V0 TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: You are hereby directed to assess damages in favor of plaintiff and against defendant as follows: Principal Interest (as of 12/31/2002) Attorneys' Fees Total Real Debt 130,261.70 2,280.25 2,500.00 135,041.95 After December 31, 2002, interest will accrue at the per diem rate of $39.52 HALPERN & LEVY, P.C. Attorney I.D. No. 43336 Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 ATI'ORNEYS FOR PLAINTIFF, PENN BUSINESS CREDIT, INC. DATED: January 31, 2003 -2- HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, : Defendant. : TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF MONTGOMERY : SS E. Robert Blank, being duly sworn according to law, deposes and states that he acts as President of Penn Business Credit, Inc.; that he is authorized to make this Affidavit on its behalf; that the transactions represented by the instrument attached to the Complaint for Confession of Judgment filed in this matter arose out of business transactions and were not entered into for family, personal or household purposes. E. Robert Blank, President Penn Business Credit, Inc. Sworn to and subscribed before me this ~/J day of ::S-~ , 2003, NotaW Pubhc ~ HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, Vo TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, Defendant. IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF MONTGOMERY : SS E. Robert Blank, being duly sworn according to law, deposes and states that he acts as President of Penn Business Credit, Inc.; that he is authorized to make this Affidavit on its behalf; that the above-named Defendant 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 and/or its amendments. E. Robert Blank, President Penn Business Credit, Inc. Sworn to and subscribed before me this -'~ / day of ~'~--~.~ ~ , 2003. ~ry Public HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By.' Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, : Defendant. : Vo TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. AFFIDAVIT OF LENDER COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF MONTGOMERY : SS E. Robert Blank, being duly sworn according to law, deposes and states that he acts as President of Penn Business Credit, Inc.; that he is authorized to make this Affidavit on its behalf; that this is not an action by a Seller, Holder or Assignee, arising out of a Retail Installment Sale Contract or Account. E. Robert Blank, President Penn Business Credit, Inc. Sworn to and subscribed before me this ~ day of 7~,~.~ , 2003. or,f an, Public- HALPERN & LEVY, P.C. By.' Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, Defendant. Vo TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION NO. AFFIDAVIT REGARDING CONSUMER CREDIT TRANSACTION COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF MONTGOMERY : E. Robert Blank, being duly sworn according to law, deposes and states that he acts as President of Penn Business Credit, Inc.; that he is authorized to make this Affidavit on its behalf; that judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. E. Robert Blank, President Penn Business Credit, Inc. Sworn to and subscribed before me th~.~~~O~ Notary Public '~ ~r:-al se..a F:~Clien~Pe~ Business~Teeter~Confess Jdgmt (Note).~d j t.~ :~;~ ~,t~ e~n ~ :v~.. ,~,::,n~.f,:,~e~y C~unty 1 lO~2-Io~ ...... ~}~, 2005 Z 0 Z 0 0 0 Z CZ. r::: :J . HALPERN & LEVY, P.C. By: Mark S. Halpern, Esquire Attorney I.D. No. 43336 By: Lisanne L. Mikula, Esquire Attorney I.D. No. 59146 GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454 Attorneys for Plaintiff PENN BUSINESS CREDIT, INC. One Belmont Ave., Ste. 320 Bala Cynwyd, PA 19004, Plaintiff, : Defendant. : Vo TEETER'S FOREST PRODUCTS, INC. 1605 Walnut Street Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. ~/~,~.~ NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all of the documents filed in support of said judgment. Prothonotary If you have any questions concerning the above, please contact: Mark S. Halpem, Esquire Lisanne L. Mikula, Esquire HALPERN & LEVY, P.C. GSB Building, Suite 300 One Belmont Avenue Bala Cynwyd, PA 19004 (610) 668-5454