HomeMy WebLinkAbout03-2092IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
JAMES PASSETTI individually and trading as
JIMMY'S AUTO SALES
Defendants
CIVIL ACTION - LAW
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 Defendant and 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:
$ 8,693.00
$ 1,210.00
$ 9,903.00
$ 5,000.00
$ 14,903.00
Plus interest at 10 % per annum on the amount of the note aRer date of en .U'y ofjudgment under the
terms of the verified copy of the original instrument attached at E.~d~ib~ A of the Complaint. /~
Philip L. Zulli, Esquire
Attorney Id. No. 47499
Judgment entered as above,
· !
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
Curt Long, Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
JAMES PASSETTI individually and trading as
JIMMY'S AUTO SALES
Defendants
CML ACTION - LAW
CERTIFICATE OF RESIDENCE
I certify that Plaintiff, CAPITAL CREDIT CORP., is located at 1100 YORK STREET
MECHANICSBURG, PENNSYLVANIA, 17055; that Defendant, JIMMY'S AUTO SALES, is located at 568
EAST NORTHHAMPTON STREET, WILKES-BARRE, PENNSYLVANIA, 18702, and that Defendant,
JAMES PASSETTI, resides at 153 NEW MALLERY PLACE, WILKES-BARRE, PENNSYLVANIA, 18702,
with a former business and residence location at 1218 MAIN ROAD, SWOYVILLE, PENNSYLVANIA, 18704,
and a former business location at 1168 ALBERDEEN ROAD, WILKES-BARRE, PENNSYLVANIA, 18707.
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.
Philip L. Zulli, Esquire
Attorney Id. No. 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
Attorney for Plaintiff
_o~CO
c~V~ ~ cV
.~s.~dgs~~ __~ _~.~c'~'
10
To~! a~ -
pl~ interes C~
~E~FO~ p ' C~ ..
AUTO S~ES ~ ~e su,
of pfincip~ ~d ~te~st, $1
ot aRomey aping ~in s
12. P~p~ one ~u~ 11
13.
JAMES PASSETTI agreed to be (. ~tt. ES and signed a Guaranty
containing a warrant o£attorney to c, -,,[. A true and correct copy of the original
instrument authorizing warrant of attorney to confess judgment against JAMES PASSETTI, as
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CAPITAL CREDIT CORP.
Plaintiff
VS.
JAMES PASSETTI individually and trading as
JIMMY'S AUTO SALES
Defendants
CML ACTION - LAW
COMPLAINT
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 Pennsylvania Corporation with principal address of 1100 York Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, JIMMY'S AUTO SALES, is a business located at 568 EAST NORTHHAMPTON STREET,
WILKES-BARRE, PENNSYLVANIA, 18702.
3. JAMES PASSETTI, is a natural individual and owner of JIMMY'S AUTO SALES.
o
COUNT 1
CAPITAL CREDIT CORP. v. JAMES PASSETTI t/a JIMMY'S AUTO SALES
CONFESSION OF JUDGEMENT
A tree and correct copy of the original immanent authorizing warrant of attorney to confess judgment
which was duly signed and executed by JAMES PASSETTI 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 emered in any jurisdiction on the attached original instrument at Exhibit A
lO.
· sions 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
Exhibit A. plaintiff exercised its option to declare the entire balance of the
Default nonetheless occurred becauSe
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 true and
correct copy of the written demand for pa3anent is attached hereto as Exhibit C.
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:
8,693.00
9,903.00
14,903.00
Total amount now due:
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 instrument attached at Exhibit A of the Complaint.
WIIEREFORE, Plaintiff demands judgment against the Defendant, JAMES PASSETTI; trading as JIMMY'S
AUTO SALES, in the sum of $9,903.00 plus costs of suit and interest at 10% per annum on the unpaid balance
of principal and interest, $14,903, as authorized by the original instrument attached as Exhibit A and the warrant
of attorney appearing within said attached instrument.
cOUNT 2
CAPITAL CREDIT cORP. v. JAMES PASSETYI
CONFESSION OF JUDGEMENT
12.
13.
paragraphs one through 11 are hereby incorporated by reference.
JAMES PASSETTI agreed to be Guarantor for JIMMY'S AUTO sALES 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 JAMES PASSETTI, as
14.
15.
16.
17.
18.
19.
Guarantor for JIMMY'S AUTO SALES, which was duly signed and executed by JAMES PASSETTI at
Plaintiff's principal address is attached as Exhibit B.
JIMMY'S AUTO SALES has failed to satisfy the obligations for which JAMES PASSETTI 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.
Plaintiffdemands judgment as authorized by the warrant of attorney to confess judgment.
Consequently, the Defendant is liable to Plaintiffas follows:
Unpaid balance of Note:
Unpaid interest
Total due under Note and Guaranty
Attorney fees:
Total amount now due:
8,693.00
I.,210.00
9,903.00
5.000.00
14,903.00
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 instrument attached at Exhibit B of the Complaint.
WHEREFORE, Plaintiffdemands judgment against the Defendant, JAMES PASSETTI, in the sum of
$9,903.00 plus costs of suit and interest at 10% per annum on the unpaid balance ofprincipai and interest,
$14,903.00, as authorized by the original instrument attached as Exhibit A and the warrant of attorney appearing
within said attached instrument.
t
,~E L~'~.
Philip L Zu s/
Attorney Id. No. 47499
1501 North Front Street
Harrisburg, Pennsylvania 17102
(717) 238-9004
Addendum D (Page one of two pages)
PROMISSORY NOTE
[enter amount of~/ne of credit] at Mechanics
RECEIVED, without defalcation, and intending to be legally bound
Cumberland FOR VALUE
Pennsylvania licensed vehicle Dealer (which is a [check one a
) (hereafter called the "Maker"), with its principal offices located at the address stated within the Capital Credit Exclusive Floor-
plan Agreement, to which this Agreement is attached and incorporated as Addendum D, hereby unconditionally promises to pay to the order
of CAPITAL CREDIT CORP. (hereinafter called "Payee"), at 11 O0 York Street, Mechanicsburg, Pennsylvania, 17055, or at such other
~' from time to time designate in writing to Maker, the sum of[enter in words amount of line of credit]
dollars (~ together with interest thereon at the
rate of TEN percent (10 %), which rate shall be in effect <)nlv a~' entry of any iudgrnent entered on or pursuant to this Note
should such become necessa~ 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
Arnica in the manner provided in a document signed this same date, 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 or the Loan Agreement
shall bear interest compounded and payable on demand at a rate per annum ofTEN percent (! 0%) until such amount shall be paid
in tull.
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 en6tled "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 ofthe 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 obhgat~ons 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 halance ofthis Note, in whole or in part, at any time without penalty or premium.
] O 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 available 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 Paragraph ] 3 of the "Capital Credit Corp.
Exclusive Floor-plan Agreement".
12. In the event of the 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 i 4 of the Exclusive Floor-plan Agreement, the Payee shall have
the right, 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 (Pa~e two of two pages)
WARRANT OF ATTORNEY TO CONFESS JUDGMENT: maker hereby irrevocably authorizes and empowers the
Prothonotary or any attorney or any clerk of any court of record, with or without default, to appear for and confess
judgment against maker for suck 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/'n~e thousand dollars ($~,000.00), added for attorney fees. To the extent
permitted by law, maker releases aH errors in such proceedings. Ifa copy of this note, verified by afrulavit by or on behalf
of the holder of this note shall have been filed 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 port of the amount owing hereunder, without regard to whetber 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 aH of the amounts owing hereunder, as provided for herein, if doing
so will cure any errors or defects in such prior proceedings.
! 4. 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 all 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 properly,
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 u n under a ' -
wrme hereof, and the Maker hereby voluntari .... ~ ..... ~- ........ po judgment obtained by
. I~ .... ,.~,,,.= .,= s~tme aaa aumor,zes 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.
15. 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 single 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 ofits rights or remedies hereunder unless such waiver is in writing and signed by the Payee.
Thss Note is executed and delivered in, and shall be governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania.
17. l~laker's obligations hereunder shall be binding upon l~laker's heirs, successors and assigns.
18. This Note may only be amended by written instrument executed by both Maker and Payee.
19. This Note shall inure to the benefit of Payee, its successors and assigns, and all Holders of this Note.
IN WITNESS WHEREOF, and intending lo be legally bound hereby, IVlaker 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.
A'I'I'EST:
By (signature of maker)
Print Name:
Title:
Name of Dealer:
Addendum C GUARANTY
This GUARANTY is from
an individual
CAPITAL
CREDIT CORP, (hereinafter called "Lender") a corporation with ils principal office at 1 ! 00 York Street, Mechamcsburg, Pennsylvania 17055.
I ·
· To reduce Capital Credit Corp. to extend a line of credit and provide floor-pinn flnancin[ to Dealer (named and described within the Exclusive
Auction, Inc. I incorporated by reference) for the purcha~ of amomobiles at Harrisburg Auto
100 York Street, Mechanicsburg, PA ! 7055,
' lhe Undersigned, whether one or more, in zonsideradon lhereof, personadly covenant,
wilh any ~ or ex ineurred b ' · .api . .redil._by DeaMr or any of l}ea~r s
pease y uai~tal Credit m ¢o or auem~mm [at, et .~h ............ rep .r??mnves, toge~er
~ . _ ;o ¢o___. ___.. u~u, mcsmsmg at~rney-! lees.
2. Guarantor(s) hereby unc~.ndi§onaily guar.an~ees a) Ihe prompt, punctual and full payment of the principal of the line of credit, and any fees accrued
covenants, terms and conditions agreed to be performed by Dealer under the provisions of lhe
c) that ifa defaull under the Other Documents shall occur, 1hah Cmarantors Other Documenls executed of even date with this
Note and will perform or cause 1o be performed all such terms, covenants and will promptly make or cause payment to be made under the
conditions of the Promissory Note.
3. The undersigned acknowledge(s) that Capital Credit shall have the right to refuse to l~sact business with Dealer, modify or release any and all
collateral security, to exlend or change term of payment and to settle or compromise with Dealer without nolice to the undersigned and withoul
discharging or affecting the liability of the undersigned hereunder:
4. This guaranty is to be a continuing guaranly and lhe undersigned hereby waives notice of acceptance of this guaranty and presentment, demand,
protest, and any not~ce of nonpayment or dishonor.
$. Guarantor· agree that their liability hereunder a~ Guarantor shall not be impaired or affected by' a) any renewal or extmmion which may be made (with
or wilhoul their knowledge or consent) of the time of payment of any amount
· due under the Other Documents, or o£the time for performance by any
i~ ~)prov-~ons of the Note, or the Other Documents. by any modification of 0~e terms,
tenor of ' '
any kind the collection of the securi afford . .~-~ausung any r~e~n~,eay or clmm against Dealer including spe~cal bul ~i~*
7. The undersigned shah be liable as principal debtor and not merely as surety, and the bankruptcy or any assigmnent in favor of creditors of Dealer
shall not affect the enforceability of this agreement.
its This mslrumem shall bind the respective heirs, execulors, administrators, and assigns o£the undersigned, and shall inure to the benefit of Capilai Credit
successors, assigns and subrogees.
9. Where there is more than one signator~ to this agreement, each signatory shall be jointly and severally liable under Ibis Agreement.
-- .-.- ._____,~?nz,~ [neramer ~ · of _ ~, .... .u~ unned States of Amerka.
~ cm-u~m ~ ~mran has or nave
-'~"' ' om'From[ or 4ednradma flkd, and dlmreb -~ .... ust~vnere ~o appeor ]or jmu~ntor in --~--~
and for the to esWT and can~ss any such cmsrt, and widl
· ~see~~ in an -en--?-re--- -mmm?-dne ~o lender upon such default or event~, ~a~l=~_~_ ~k~?lor..in favor.leander er ils sueeessers
-] ~n t-mmsm or mM kqmrantor imMsi,*.h.t....~...~.~-- .... *'--~.~"mZ c~mesnen ofjudnmemt have t-._-_-_= r..n..
~ ~~ · .... - '~ Guaren -,~]~rateo as Addend.m C.
.....~ ( ~)
Lynn
t]ffir s @hilit L Zulli, {squirt
March 21, 2003
Mr. Jimmy Passetti
153 New Mallery Place
Wilkes-Barre, PA 18702
Re: Default with Capital Credit Corp.
Dear Mr. Passetti:
On November 8, 20021 wrote to you in regards to your deficiency with Capital Credit Corp.
of $9,903.00. I also informed you that Mr. Congdon, Vice-President of Capital Credit Corp., was
willing to work with you on a repayment plan. By your request, Capital Credit Corp. delayed in
pursuing this matter pending your contact with the company and resolution of this matter.
If you have not made contact with Capital Credit Corp. to resolve this situation on or before
Friday, April 1, 2003 I will begin filing judgement against you and taking any necessary steps to
recover the outstanding bill. --
EIl¢losures: 0
CC: Mr.
Very truly yours.
Philip L. ~~
John Congdon, Vice Presidem, Capital Credit Corp.
1-877-Tl~IltCL4W
1-87/-878-5529
1-877-i-CLKI~W
1-877-t2Z-7529
Offiffs et ] hilip ~rffllj' squire
January 30, 2003
Mr. Jimmy Passetti
Jimmy's Auto Sales
1218 Main Road
Swoyville, PA 18704
Default with Capital Credit Corp.
Mr. Jimmy Passetti
Jimmy's Auto Sales
1168 Alberdeen Road
Mountain Top, PA 18707
Dear Mr. Passetti:
On November 8, 2002 1 wrote to you in regards to your deficiency with Capital Credit Corp.
of $9,903.00. I also informed you that Mr. Congdon, Vice-President of Capital Credit Corp., was
willing to work with you on a repayment plan. By your request, Capital Credit Corp. delayed in
pursuing this matter pending your contact with the company and resolution of this matter.
If you have not made contact with Capita/Credit Corp. to resolve this situation on or before
Friday, February 7, 2003, I will begin filing judgement against you and taking any necessary steps
to recover the outstanding bill.
i~./ICIoMI re%:
0
Very tru yours,
P lip L z i,
Mr. John Congdon, Vice President, Capital Credit Corp.
1-877-Tl~t. Tg, LgVv-
1'877-878.5529
~'~l!i(Wn~an.cor~
1-$77- 'i.¢AR~ Tt
VERIFICATION
April ~'O , 2003
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 JIMMY'S AUTO
SALES and the original Guaranty executed by JAMES PASSETTI.
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 C~ gdon, ~ice Pre~e~t