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HomeMy WebLinkAbout00-08283 r ^ " IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA ,. CUMBERLAND COUNTY Vincent H. Gettel and Shirley Ann Gettel, Plaintiffs Civil Action - Law v. No. M'J 2000-<(2 <62> ~ Ronald B. Clippinger and Nancy Clippinger, Defendants CONFESSION OF JUDGMENT Pursuant to the warrant of attorney contained in the Promissory Note dated July 1! 1997, a copy whereof is attached to the complaint filed in this action, I appear for the defendants, Ronald B. Clippinger and Nancy Clippinger, and confess judgment in favor of the plaintiffs, Vincent H. Gette) and Shirley Ann Gettel, and against the defendants, Ronald B. Clippinger and Nancy Clippinger, for the amount of $14,919.77, together with post-judgment interest at the rate set forth in the Promissory Note, from December 1, 200Q, as authorized by the Promissory Note, plus costs of suit. rct~ Judgment entered as abo ,2000. , , . . ,',' ~,l)_ . . < IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Vincent H. Gettel and Shirley Ann Gettel, Plaintiffs Civil Action - Law v. No. /lID 2000- '1Jd'63 Ronald B. Clippinger and Nancy Clippinger, Defehdants COMPLAINT TO CONFESS JUDGMENT Plaintiffs, Vincent H. Gettel and Shirley Ann Gettel, by and through their attorney, Joseph A. Macaluso, Esq., by way of Complaint to Confess Judgmeht, allege as follows: 1. PlaintiffS, Vincent H. Gettel and Shirley Ann Gettel, husband and wife, are sui juris adults, whose address is P.O. Box 85, Spring Run, Pennyslvania 17262. 2. Defendants, Ronald B. Clippinger and Nancy Clippinger, husband and wife, are sui juris adults, whose address is 351 West North Street, Carlisle, Pennyslvania 17013. 3. On or about July 1,1997, plaintiffs made a loan to defendants for commercial purposes in the principal amount of $30,000.00, as evidenced by a Promissory Note ': " , I I; ,--'~ 'lj (the "Note"), a true and correct copy whereof is attached herato as Exhibit A. 4. The Note provides that the deb~ shall bear interest at the initial rate of 8,5 %, due and payable in even consecutive monthly installments, which monthly payments shall be in the amount of $615,64, commencing on the 1st day of August, 1997, and on the 1st day of each and every month thereafter, for a total of 36 consecutive months, until July 1, 2000. 5, The Note further provides that the balance of principal in the amount of $13,634.19, outstanding on July 1, 2000, shall be due and payable in even consecutive monthly installments, which monthly payments shall be in the amount of $629.32 each, commencing on the 1st day of August, 2000, and on the 1st day of each and every month thereafter, for a total of twenty-four (24) consecutive months, until July 1, 2002, when the balance of principal, interest and/or other charges remaining shall be.due and payable in full. 6. The Note contains a warrant of attorney to confess judgment in the plaintiffs' favor and against defendants, as follows: "The principal amount set forth above represents a loah for business purposes, and Obligors warrant and represent to Obligees that this transaction is not a consumer credit transaction within the meaning of and for purposes of Rule .,~150 of the Pennsylvania Rules of Civil Procedure. In the event of a default by .~igors in the payment of any amount due hereunder which shall continue for a ,+ 4l8fiod of twenty (30) days from the due date of such payment, without regard to any grace period, Obligors hereby empower any prothonotary and any attorney of any court of record, at any time, and often as necessary, to appear for Obligors and, with or without complaint filed, to confess judgment or a series of judgments against the Obligors in favor of Obligees or any other holder of this "" 1,[,,'_ ,. " ,"'-,' nJ, . . Note, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all otner sums paid by the Obligees or other holder of this Note to or on behalf of the Obligors pursuant to the t~rms of this Note, together with unpaid interest therepn, any late charges, and costs of suit and reasonable attorneys fees for collection which it is agreed bY the parties hereto shall be ten percent (10%) of the total indebtedness, or $500.00, whichever is greater, on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note. The parties agree that the interest rate payable after a judgment is entered shall be the rate payable under this Note. The entry of a judgment by confession shall not bar later, additional judgments by confession in the event the earlier judgments are satisfied because of partial payment by Obligors." 7.. Defendants made the payments under the Note through and including August, 2000. 8. However, defendants havl;l defaulted in their obligations under the Note, by failing to make the payments required under the Note from September, 2000 until present. 9. Plaintiffs have called defendants several times to request payment, and the latter have promised to bring the payments current, but they have failed to do so. 10. Defendants have not cured the default, and no judgment has been entered as to the Note, in any jurisdiction. 11. The Note also provides for late cilarges of 10%, although plaintiffs have waived same for September and October only. ., J ~ ' " I" J 12. The following amounts are due plaintiffs under the Note: Principal Interest Late charge for November Attorney's commission ($12,928.04 x 15%) TOTAL $12,605.95 $ 322.09 $ 52.52 $ 1.939.21 $14,919.77 WHEREFORE, plaintiffs respectfully request that judgment be entered in their favor and against defendants Ronald B. Clippinger and Nancy Clippinger, in the amount of $14,919.77 plus interest pursuant to the Note, together with costs of suit. '" , J~," - " \ VERIFICATION We verify that the statements made in this Complaint are true and accurate to the best of our knowledge, information and belief. We understand that if any false statement were made herein that we are subject to the penalties of 18 Pa. C.S.Section 4904, relating to Unsworn falsification to authorities. fV/~ Vincent H. Gettel ~ ~-J JiltL Shirley n Gettel -, -, 1 I ~""~1"""~_ PROMISSORY NOTE $30,000.00 July ..L. 1997 Cartisle, penn_"ia Ronald B. Clippinger and Nancy Clippinger, husband and wife, of 351 West North Street, CarliSle, PA 17013 (hereinafter referred to as "Obligors"), hereby jointly and severally promise to pay to the order of Vincent H. Gettel and Shir1ey Ann Gettel, of P.O. Box 85, Spring Run, PA 17262 (hereinafter referred to as "Obligees"), Obligees' heirs, personal representatives, succe-.ors or assigns, in lawful money of the United states of America, the principal amount of Thirty Thousand ($30,000.00) and 00/100 Dollars, and any additional moneys loaned or advanced by the holder hereof as hereinafter provided, without d,falcation, for value received, bearing interest at the initial rate of eight and one-half (8.5 %) _ percent per annum, due and payable in even consecutive monthly installments, which monthly payments shall be in the amount of Six Hundred Fifteen ($615.64) and 64/100 Dollars each, commencing on the 1st day of August, 1997, and on the 1 st day of each and every month thereafter, for a total ofthirty-six (36) consecutive months, until July 1, 2000, and the balance of principal in the amount of Thirteen Thousand Six Hundred and Thirty-Four ($13,634.19) and 19/100 Dollars, outstanding on July 1, 2000, shall be due and payable in even consecutive monthly installments, which monthly payments shall be in the amount of Six Hundred Twenty-Nine ($629.32) and 32/100 Dollars each, commencing on the 1st day of AugUst, 2000, and on the 1st day of each and every month thereafter, for a total of twenty-four (24) consecutive months, until July 1, 2002, and the balance of principal, interest and/or other charges remaining unpaid on July 1, 2002, shall be due and payable on that date. The entire amount of principal and interest due hereunder, if not sooner paid, shall be payable in full on July 1, 2002, provided however, that the Obligors shall have the priVilege, at their sole option, to pay said principal sum and accrued interest thereon and other charges in whole or in part sooner without pen~lty. This Promissory Note shall be due and payable in full on July 1, 2002, and Obligees are under no obligation to finance this amount beyond said date. Furthermore, this Promissory Note is not assumable without the prior written consent of Obligees. In the event any payment provided for herein is not paid in full by the end of ten (10) calendar days after the date it is due, then the Obligors agree to pay a late charge in an amount of and not exceeding ten percent (10%) of any such overdue payment as compensation for the additional service resulting from the default; all payments to be made at P.O. Box 85, Spring Run, PA 17262, or elsewhere as shall be directed by any holder hereof. For purposes of this Paragraph, payment shall be deemed to be timely made, i.e. on or before the '" '." ,~ ,-~ 1t,1 . 10th. day of the month, if Obligees physically receive the monthly payment by hanel-delivery on or before the 10th day of the month, or if Obligors mail the monthly payment by first class mail, and same is post-marked on or before the 1 Othdayofthe month. If any check is returned for insufficient funds or any other reason whatsoever (excepting missing endorsement of Obligees), then late charges will continue until the monthly payment is actually paid by Obligors, and in addition, Obligors shall reimburse Obligees immediately for the full amount of any bank charges incurred by Obligees as a result of such returned check. The principal amount set forth above represents a loan for business purposes, and Obligors warrant and represent to Obligees that this transaction is not a consumer credit transaction within the meaning of and for purposes of Rule 2950 of the Pennsylvania Rules of Civil Procedure. In the event of a default by Obligors in the payment of any amount due hereunder which shall continue for a period of twenty (30) days from the due date of such payment, without regard to any grace period, Obligors hereby empower any prothonotary and any attorney of any court of record, at any time, and often as necessary, to appear for Obligors and, with or without complaint filed, to confess judgment or a series of judgments against the Obligors in favor of Obligees or any other holder of this Note, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the Obligees or other holder of this Note to or on behalf of the Obligors pursuant to the terms of this Note, together with unpaid interest thereon, any late charges, and costs of suit and reasonable attorneys fees for collection which it is agreed by the parties hereto shall be ten percent (10%) of the total indebtedness, or $500.00, whichever is greater, on which judgment or judgments one or more executions may issue forthwith upon failure to comply with' any of the terms and conditions of this Note. The parties agree that the interest rate payable after a judgment is entered shall be the rate payable under this Note. The entry of a judgment by confession shall not bar later, additional judgments by confession in the event the earlier judgments are satisfied beca4se of partial payment by Obligors. Obligors hereby waive and agree not to assert any and all future claims, defenses, and offsets against Obligees with respect to payment required to be made by Obligors hereunder. Obligors agree to make payment hereunder regardless of any claims, defenses, or offsets which may be asserted by Obligors or on Obligors' behalf. This obligation shall bind the Obligors, the Obligors' heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the Obligees hereof and Obligees' heirs, successors or assigns. If this Note is executed by more than one person, the undertakings and liability of each shall be joint and several. At the time of making this Note, Obligors shall reimburse Obligees for their attorneys fees in connection with this Note and the Mortgage in this transaction. I', _ '"""""""'-';" . " Witness the due execution hereof the day and year first above written. Witness: 62 ~A.. 4S.-a~.':"r-- Ronald B. Clippinger, Individually ~uc~ Nancy Iippinger, Individually ~_it;limili:Oi!:~~>il<<il'Ul!~ ..... ~"' "'",,-~.. - ~~,i\!ltiild~~IH,~~~!.I'tI'JlijiiiMlillWlii -z .~ 0 ;:;:::)~ 5: ~~ F c- ~ -1 r ~ UJ ~ ~ (;' G "- ML,'~ ~ ~,',~ _ IIUIll -L: 1-:'.1 Z,_ j~ '-- ~-' ~; ,-' Ccj -0 (~7 \.:/ );~ ~? :2 J C,! s.:-:- -,''': ,__,of -':'1 I! (I II II I' ,II !~ 'I II ! ~1 ,I I I I I ! I i I ;'~) -_.J -':_j co , , ' '-.' C...J 7 ., :< ,;