HomeMy WebLinkAbout03-2039IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
FARIN DELLINGER trading as
DELLINGER MOTORS
Defendant
CML ACTION - LAW
No.;
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a verified copy of which is attached as Exhibit A
to the Complaint filed in this action, I appear for the Plainfiffand confess judgment in favor of the Plaintiff and
against Defendants as follows:
Unpaid balance of Note:
Unpaid interest:
Total due under Note and Guaranty:
Attorney fees:
Total amount now due:
$ 1,415.00
$ 83.00
$ 1,498.00
$ 1,600.00
$ 3,098.00
Plus interest at 10 % per annum on the amount of the note after date of entry ofjudgment under t~e
terms of the verified copy of the original instrument attached at Exhibit A of the Complaint.
Philip L. Zulli, Esquir[,~
Attorney Id. No. 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
,2003. ~
Curt Long, Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
¥8.
FARIN DELLINGER trading as
DELLINGER MOTORS
Defendant
CIVIL ACTION - LAW
No.:
CERTIFICATE OF RESIDENCE
I certify that Plaimiff, CAPITAL CREDIT CORP., is located at 1100 YORK STREET
MECHANICSBURG, PENNSYLVANIA, 17055; that Defendant, DELLINGER MOTORS, is
located at 4785 CARLISLE ROAD, DOVER, PENNSYLVANIA, 17315 and that Defendant,
FARIN DELLINGER, resides at 307 N. BIESECKER RD. THOMASVILLE, PA 17364
I understand that false statemems made in this certificate are subject to the penalties of 18 Pa.
C.S.A. §4904, relating to unswom falsification to authorities.
Date:
Attorney Id. No. 47499
1501 North From Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
Attorney for Plaintiff
CAPITAL CREDIT CORP.
VS.
FARIN DELLINGER trading as
DELLINGER MOTORS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
: CIVIL ACTION - LAW
:
Plaintiff :
: No.: ~
Defendant :
COMPLAINT
NOW COMES, Plaintiff, Capital Credit Corp., and files this complaint pursuant to Pa. R.C.P. No.
2951Co) for judgment by confession and avers the following:
1. Plaintiff, Capital Credit Corp., is a Pennsylvania Corporation with principal address of 1100
York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Defendant, DELLINGER MOTORS, is a business located at 4785 CARLISLE ROAD,
DOVER, PENNSYLVANIA 17315.
FARIN DELLINGER, is a natural individual and owner of DELLINGER MOTORS.
A true and correct copy of the original instrument authorizing warrant of attorney to confess
judgment which was duly signed and executed by FAR1N DELLINGER at Plaintiff's
principal address is attached as Exhibit A.
Sudgment is not being entered by confession against a natural person in connection with a
consumer credit transaction.
The attached original instrument 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.
o
10.
11.
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 A.
Default nonetheless occurred because Plaintiff exercised its option to declare the entire
balance of the instrument due and immediately payable and Defendant failed to pay the full
amount due within three business days as set forth in paragraph 3 of the original instrument
attached as Exhibit A. A tree and correct copy of the written demand for payment is attached
hereto as 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:
Total due under Note and Guaranty:
Attorney fees:
Total amount now due:
1,415.00
83.00
1,498.00
1,600.00
3,098.00
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 insmunent attached at Exhibit A of the
Complaint.
WHEREFORE, Plaintiff demands judgment against the Defendant, DELLINGER MOTORS, in the
sum of $1,498.00 plus costs of suit and interest at 10% per annum on the unpaid balance of principal
and interest, $3,098, as authorized by the original instrument attached as Exhibit A and the warrant
of attorney appearing within said attached instrument. /~"//t // .-_ /~//
Philip L. Zulli,Esquire/
Attorney Id. No. 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
15.
16.
17.
mwrr~
s~gnature ot
ATIEST:
ay
Pr~ Name:
Title:
Name of Dealer
ego~sSog¥ NOTZ ~
_ o page) ~t oftine ofc~iq at Pe~lV~ig'~og~ALUg
~n~iv~ia licenses yen,-
pl~ A~~ W ~i~h~iS ~eem~t is ~¢hed and in~rat~ ~ Add.dura D,h~bY ~conditio~lY promisesto pay to
.... n..,~/, a 11~ . , -:-~ s~ of [enter ....... est ~er~n ~ the
of CAPITAL cn~ time to time ~.?~ ~X~ doll~ ~~ ~tered on or p~t tO ~iS
r ~um of~N ~rcent (10 %), which ~te shall ~
efauR, shgi be
~te ~ ....... ~c~ due to a d ....... +. ue hereunder C~t Co~. E~i~ve Fl~r-pi~
' ~ in ~e parle he. under or und~
2. ~due prin~i~l ~d int~t on ~e pnncip~ sum of ~is Note ~d all o~ overdue ~o~
or ~ o~ d~um~t deliver~ by ~ m ~nn~ton ~ ~s Note ~ ~e ~ A~eni
~ A~ent (~fin~ ~low) of~N ~r~nt (1~) ~til such ~ount shall ~ pai~
s~l ~ inter~t com~un~ ~d p~able on de~d a a rote ~r ~num pa~ent b~ Payee, and in no event not les
3. ~e principal sum of ~is No~ shall ~ pay~le imm~iaelY upon ~Ren dem~d for
uch dem~d ime ~out ~W, pro~d~ ~ ~ p~e~
..... 7 - . ..... g this Note may ~ pgpmu ...... ~ in a d~ent ot~n~ ~
~e pnnctpal ~oum ~- ' of · ~d ~W ~ $ p~u
Co~. Exclusive r~,-P,-~. ~ . __~.~.m n~er obli~uons
M~s obli~o~ und~ ~s Note, ~u ...... ~er hm ~ to Paym a li~ ~ ~W inter~t
5, A~ent ~d $ of ~e ~e h~f purist to ~ich ~or sh~eholdem ~Oor ~liat~ co~ho~ (e
~e obligations of M~er ~e ~er ~~ by ~nain indi~dy~ · - -~ ,~- oblio~ offer p~u~t to a
7. or ~e Ou~W or ~fi~ (~e - ~ n de~u~ ~d~ ~is
~. Su~Uent to e~ ofjud~t ~! pa~en~
may ~ subj~t to de~d or
11. For as~entof~eE~n~of~t ~ich~e ~le, refer~ is ~e to p~aph 13 of~e
~~ or m~ ~e ~i~ly d~ ~
not ~ cz
Excl~ive Fl~r-pl~ ~e~ent'' of~ul~ ~d ~ such Evem of De~uit sh~l ~ve ~e~ofore
to ~e ~, m d~l~e ~e enU~ ~amm8 m~p~ e
~d ~le, ~u~ =- .... (~~ng ~e ~ reqmremen~ ~t fo~ ~ p~aph
to it u~n ~e hap~ning of ~ evem of ~ult under ~e Unifo~ Co~erctai
Addendum D (PaLe one of two pages)
PROMIS~)RY NOTE
RECEIVEr), without defalcation, and intending to be legally bound,~.
Pennsylvania licensed vehicle Dealer (which is a [check one] ~-'.
~) (hereafter called the "Maker"), with its principal offices located at the address stated within the Capital Credit Exclusive Floor-
plan Agreement, to which this Asreement is attached and incorporated as Addendum D, hereby unconditionally promises to pay to the order
of CAPITAL CREDIT CORP. (hereinafter called"Payee"), at 1100 York Street, Mechanicsburg, Pennsylvania, 17055, or at such other
address as the Payee may fi-om time to time designate in writing to Maker, the principal sum of[enter in words amount of line of credit]
~~ ~ ~.~ ~.,~ dollars ($~), together with interest thereon at the
rate per annum ofTEN percem (10 %), which rate shall be in effect only afl,er entry of any iudgmeng entered on or pursuant to this Note
should such become necessary due to a default.
1. The principal sum of this Note and any other amounts due hereunder shall be payable in lawful money of the United States of
America in the manner provided in a documem signed this same rl_n_te_., and entitled "Capital Credit Corp. Exclusive Floor-plan
Agreement."
2. Overdue principal and interest on the principal sum of this Note and all other overdue amounts payable hereunder or under any
Loan Agreement (defined below) or any other document delivered by Maker in connection with this Note orthe Loan Agreement
shall bear interest compounded and payable on demand at a rote per annum ofTEN percent (10%) until such amount shall be paid
in full.
3. The principal sum of this Note shall be payable immediately upon written demand for payment by Payee, and in no event not less
than three business days from such demand.
4. The principal amount of this Note may be prepaid in whole or in part at any time without penalty, provided that any prepayment
shall be accompanied by payment of any accrued penalty fees as provided in a document of same date and entitled "Capital Credit
Corp. Exclusive Floor-plan Agreement."
5. Maker's obligations under this Note, and certain other obligations of the Maker to Payee, are secured pursuant to a certain Security
Agreement dated as of the date hereof pursuant to which Maker has granted to Payee a lien and security interest in certain assets
of Maker (''Security Agreement").
6. The obligations of Maker are further guaranteed by certain individuals and/or shareholders and/or affiliated corporations (each
individually included within the term "Guarantor"), which have each guaranteed the obligations of Maker pursuant to a Guaranty
Agreement (individually and collectively called "Guaranty") of even date herewith.
7. Any default by Maker or any Guarantor under the Capital Credit Corp. Exclusive Floor-plan Agreement, the Security Agreement
or the Guaranty or Guaranties (the Capital Credit Corp. Exclusive Floor-plan Agreement, the Security Agreement or the Guaranty
or Guaranties are herein referred to as the "Other Documents") shall, at Payee's option, constitute a default under this Note.
8. Subsequent to entry of judgment, all payments hereunder shall be in 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 last
to the reduction of the outstanding principal balance.
9. Maker shall have the right to prepay the principal balance ofthis Note, in whole or in Parc, at anytime without penalty or premium-
1 · This Note is issued pursuant to the "Capital Credit Corp. Exclusive Floor-plan Agreement" between Maker and Payee of even date
herewith, and evidences the Loan to Maker via a Line of Credit made availnble by Payee thereunder.
11. 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 Pnragraph 13 of the "Capital Credit Corp.
Exclusive Floor-plan Agreement".
12. 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 fight, 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 principal amount hereof and all other fees and penalty fees accrued under the Other
Documents shall become immediately due and payable (notwithstanding the notice requirements set forth at Paragraph 3 above)
in all cases without any further action or notice on the part of the Payee. In addition, the Payee shall have all other rights granted
to it upon the happening of an event of default under the Uniform Commercial Code of the Commonwealth of Pennsylvania.
Addendum D (Page two of two pages)
13.
WARRANT OF ATTORNEY TO CONFESS JUDGMENT: maker hereby irrevocably authorizes and empowers the
Prothom~ary or any attorney or any clerk of any court of record, with or without default, to appear for and confess
judgment against maker for such sums as are due and/or may become due under this note, with or without declaration, with
costs of suit, without stay of execution and with an amount, for lien priority purposes, equal to ten percent (10%) of the
amount of such judgment, but not less than five thousand dollars ($5,000.00), added for attorney fees. To the extent
permitted by law, maker rekmses all errors in suck proceedings. Ifa copy ofthis note, verified by amdavit by or on behalf
of the holder of this note shall have been Isled in such action, it shall not be necessary to file the original note as a warrant
of attorney. The authority and power to appear for and confess judgment against maker shall not be exhausted by the
initial exercise thereof and may be exercised as often as the holder shall find it necessary and desirable and this note shall
be a sufficient warrant therefore. Holder may confess one or more judgments in the same or different jurisdictions for all
or any part of the amount owing hereunder, without regard to whether judgment has theretofore been confessed on more
than one occasion for the same amount. In the event any judgment confessed against maker hereunder is stricken or opened
upon application by or on maker's behalf for any reason, holder is hereby authorized and empowered to again appear for
and confess judgment against maker for any part or all of the amounts owing hereunder, as provided for herein, if doing
so will cure any errors or defects in such prior proceedings.
14.
15.
16.
17.
18.
19.
Maker hereby waives and releases all errors, defects and imperfections of a procedural nature in any proceedings instituted by the
Payee under the terms of this Note or the Other Documents, as well as ali benefit that might accrue to the Maker by virtue of any
present or future laws exempting any 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 judsment obtained by
virtue hereof, and the 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 and in part in any
order desired by the Payee.
No failure or delay on the part of the Payee in exercising any right, power or privilege hereunder shall operate as a waiver thereof,
nor shall any sinsle or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof
or the exercise of any other right, power or privilege. The Payee shall not be deemed, by any act of omission or commission, to
have waived any of its fights or t~edies hereunder unless such waiver is in writing and sisned by the Payee.
This Note is executed and delivered in, and shall be governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania.
Maker's obligations hereunder shall be bindin8 upon Maker's heirs, successors and assigns.
This Note may only be amended by written 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 WITNESS WI~RF~F, and intendin8 to be legally bound her~y, Maker has executed this Note under his or her signature, or the
signature of its authorized officer, as ofth~dnte and year first above written.
Pr/at Name: ~ "'"'"~
Name of Dealer: : ,~ ~~~ ....... ~..
~;ax {717J 23~- 91110
[] Reply to thhs addr~s
Mr. Farin Dellinger
Dellinger Motors
4785 Carlisle Road
Dover, PA 17315
[au Offkes of philip [. ][ulli, t squir
Iict.std i. Ohi~ .d Pt..s~ll~.ia
January 30, 2003
tlummtlfle~., ptnns~jluaaia 1703fi
~ 17171 566- 2373
R~ ~ ~is ~ ~
Re: Default with Capital Credit
Dear Mr. Dellinger:
On November 7, 2002, I wrote to you informing you that Mr. John Congdon of Capital
Credit Corp. was suggesting a repayment plan. I also informed you that Capital Credit Corp. may
take legal action against you since you are in default of your commercial Floor-Plan agreement with
them.
If you fail to respond to Capital Credit Corp. by Friday, February 7, 2003. I will proceed with
filing judgement against you and taking whatever actions might be necessary to collect on the
amount due.
Philip L. Zulli, Esq~
Eil¢losures:
0
Capital Credit, Mr. John Congdon
1-877-TR, UELAW
1-877-878-5529
gulli(&msn.com
1-877-'i-CAE. LAW
1-877-422,,7529
VERIFICATION
The undersigned having read the forgoing Complaint states that the language within is tree
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 is a tree and correct
copies of the original Note executed for DELLINGER MOTORS and executed by FARIN
DELLINGER.
This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 of the Crimes Code
(relating to unswom falsification to authorities).
,~Vic~.~sident
April ,~. 0 , 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
FARIN DELLINGER trading as
DELLINGER MOTORS
Defendant
CIVIL ACTION - LAW
No.: t~ -'-
NOTICE
TO:
DELLINGER MOTORS
4785 CARLISLE ROAD
DOVER, PENNSYLVANIA 17315
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: April ~,~9 ,2003
Curt Long, Prothonotary
If you have any questions concerning this notice, please call Philip L. Zulli, attorney for Plaintiff, at
this telephone (717) 238-9004
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
FARIN DELLINGER trading as
DELLINGER MOTORS
Defendant
CML ACTION - LAW
NOTICE
TO:
FARIN DELLINGER
307 N. BIESECKER RD.
THOMASVILLE, PA 17364
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: April ,~ ,2003
Curt Long, Prothonotary
If you have any questions concerning this notice, please call Philip L. Zulli, attomey for Plalmiff, at
this telephone (717) 238-9004