HomeMy WebLinkAbout01-05655
MID PENN BANK
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
CARL BRONITSKY
Defendant
No. gee} o! -S'4S5 C~tv~( ~£.2,rf.l
CIVIL ACTION -LAW
CONFESSION OF JUDGMENT
AND NOW, this ~~ day of 2001, Christian S. Daghir, Attorney for Plaintiff,
pursuant to the wazrant of attorney in the Promissory Note, the original or a copy of which is
attached to the Complaint in Confession of Judgment, does hereby appeaz.for and confess judgment
in favor of the Plaintiff and against the Defendants as a result of the default as alleged in the
Complaint as follows:
Balance of principal as of September 20, 2001 $48,605.10
Interest on unpaid balance at 9.5% per annum from May 15, 2001 to
September 20, 2001 1,647.28
Late fees and charges 421.48
Attorney collection fee 5,067.39
TOTAL $55,741.25
Christian S. Da r, Esquire
Judgment in the amount of $55,741.25 entered as above)) nd 2001.
Prothonotary
~~~o~~
MID PENN BANK : IN THE COURT OF COMMON PLEA5
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
Vs. .
CARL BRONITSKY NO. ~flB'I UI,~.~~5"S (.;pu 4~, /~
Defendant :CIVIL ACTION -LAW
COMPLAINT IN CONFESSION OF JUDGMENT
1. The Plaintiff, Mid Penn Bank, is a financial institution organized and existing
under the laws of the Commonwealth of Pennsylvania with offices located at 4622 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant, Carl Bronitsky, is an adult individual having a business address
of 423 North 21s` Street, Suite 102, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On or about Mazch 22, 2001, Plaintiffmade a loan to Defendant, in the principal
amount of $50,000.00, (hereinafter referred to as the "Loan"), as evidenced by that certain
Promissory Note (the "Note"), a true and correct coy ofwhich is attached hereto as Exhibit "A" and
is incorporated herein by reference.
4. The Note contains a confession of judgment provision that would permit plaintiff
to enter judgment against Defendant after default on the guazanty without advance notice or an
opportunity to defend against the entry of judgment. A true and correct copy of the Disclosure for
Confession of Judgment is attached hereto as Exhibit "B" and is incorporated herein by reference.
5. Defendant, is in default of the Note as a result of, inter alia, his failure to have
payments made when due.
6. The last payment made by Defendant was made on May 30, 2001 in the amount
of $2,107.40.
alwNnonciv.mEemiimy
7. All notice requirements have been fulfdled and the Note has been accelerated.
8. Pursuant to the terms of the Note, Defendant, is liable to Plaintiff for the entire
indebtedness including, (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and loan
charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note
which include without limitation a 10% attorneys' commission.
9. On September 20, 2001, the Loan was 90 days past due and the past due amount
owed was $4,636.28.
10. The entire principal, interest late chazges and fees of the Note is now due and
payable in full together with attorneys' fee and costs of suit.
11. The following is the computation of the balance of principal and interest due
Plaintiff by Defendants:
Balance of principal as of September 20, 2001 $48,605.10
Interest on unpaid balance at 9.5% per annum from May 22, 2001
to September 20, 2001 1,647.28
Late chazges and fees 421.48
Attorney Collection Fee 5 067.39
TOTAL $55,741.25
12. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
13. The Note has not been assigned, and Plaintiff is the holder of the Note.
14. Judgment has not been entered against Defendants in any jurisdiction for their
failure to make the required payments on the Note.
¢~~w~noaciv.xcsm.oniwy
. ~, ~ .~ .
WHEREFORE, Plaintiff demands judgment against Defendants in the sum of
$55,741.25 plus interest until paid in full at the rate of 9.5% per annum together with attorneys' fee
and all appropriate costs of suit.
Dated: September 24, 2001 '
Christian S. D 'r, Esqu~ e
Supreme Court ID# 47741
105 N. Front Street
Harrisburg, PA 17101
(717)234-5600
G:\NNDGCICN.PLEbroniuky
PROMISSORY 'NOTE
Referen0as In
do not Ilmit the a0plicabeily _of NIS dpCU,mtmt t0 any
loan or Item,
Borrower: Carl ar6nitsky (SSNt 2oia6-36ot) Lender: h9d Penn aortic
423 North 21St Street, Suite 102 Carlisle Pikq.0lflee
Camp Httl, PA ttoi ~ 4622 GAIWe P1ke
Metlhenk9hYrg, PA 17055
(717) 76f-24~a0
Prlnpipal Amount: 550,000.00 Interest Rate: 9.500°h I]ate df Note: March 22, 200'1
PROMISE TO PAY. Carl 8rontlafry ("borrower) loromises to pay to Mld Penn Bank ("Lender"), or order, m Iawntt money of the United States or
Amenca, the prlnctpei amount of Flfty ThtluaLncE & tlOr'106 D611eM tS66,600.06), together Wlm Interest at the rate of 9.60096 per annum an me
unpsm pnnelpal balance hom March 22, 2067, urllll paid In brit.
PAYMENT. 96fr6Wer wig pay- mla lotto do dMtand. Payment in fuEi IS dW Emmediatery upon Le0dar's demand. If no demerld 18 made,
Borrower wilt pay this loan In 39, payments 6159,653.70 each payment and an Ircegularla~ payment esilmated at 39,053,ey. Horrower'e first
payment is due ApNI 22, 2001, antl ati suneequant paymenfsgre due oft ihs same day a>f each month after mn eorrower•s final payment wttl
be due on March 22, 2oa6, and wilt bo Pot ell pninclpal and ail auvuetl Iruerest not yet paid. PaymoeU irrduge pdncipel and lntefest, Unless
ameM1ylse agreed dr required try applicable law, payments will de applied drsl to aarued unpaid Intereat, then t6 prltudpal, and arty remaining
amount to any unpaid collection casts and tape charges. The annual Interest rate ror;lBis Nate Is computed on a 3asr36o basis; that la, by
apptying the ratio of the annual interest rate ov~br a year Of 360 days, m6[lipdetl try the dhtsfanding Pdnctpaf balance, multl611ed by the alual
number of days the princtpel valance Is outstem:ltng. Eonower will pay Lender at Landau's address shown above or at such other place as Lender
may designate in writing.
PREPAYMENT. Borrower may psy Without penalh~ all or a portion M the amount owed earlier than tt Is due. Eady payments will oat, unless agreed to
by Lender in wd6ng, ielleve 8onower of Bclrawen[. Obllgatlon fe codOnue k make payments under the payment sahetlWe. Rather, early payments will
reduce !ha princpal balance due and may result in Borrower's making sewer payments. borrower agrees hot to send Lender payments marked 'paid
In full",'Without rac0ursa", or similar language. It 8atrtower sends stack a payment, Lender may axapt ii without losing any of Lender's fights under this
Nate, and Borrower wi6 remain Obllgeted to pay arty harther amount owed to Lentlet. All wdtmn communicaAons concerning disputed am0unis,
-including arty check or other payment insuumant that indicates that ma payment constitutes "payment in lull" of the amount owed Or that is tendered
wah other conditions or limitadons or as h,n saasfecllon of a disputed amount must be malted ar delivered to: Mid Penn Bank, Cadlsie Plke Oftica, 4622
Carlisle Pike, Mechanicsburg, PA 97CS5.
LATE CHARGE. If a payment is t 6 days cr more bite, SamOwer will be charged 16.60696 of the regularly scheduled payment or 326.66, Wnkh6ver
is greeter.
INTEREST AFTER DEFAULT. Upon default, Inch:ding-failure to pay upon Gnat maturity, Lender, at ifs option, may, If permided under applleable law,
increase the interest rate on !his Note 6.666 perdr,nfag0 pants. The interest= rate will not exceed the maximum rate permined by applicable Iew. If
judgment is entered in connecGOn with this Nota, interest wilt continua to accrue an this Note alter judgment at 1ha existing interest ralg provided tar in
this Nole.
DEPAl1LT. Each Of the following shall cdnslitute an event of default ("Event of Default^, under Ihls Nate:
Ptryment DeMult. Borrower ffll4s tc'make any payment when due under this Note.
Omer Oetaulls. Borrower Fails td comply witl•i or td perform any other term, obligation, Covenant or cOntliNan coniafned in this NOIe Or loony of
the related dcdumanis Or tc comply with or !a pedOrm any term, oBllgatlon, dovenant or condition contained in any other agreement between
Lender and Borrower.
FNSe Statements. Any warranty, representation or statement made ar furnished }o l.endef by Borrower or on barowaf 5 behalf under This Note
ar Itte related documents is false or misleadlnsl In anY malarial respect, either now a at the tlme made or furnished or becomes false Or misfaatling
et arty tlma mereaner.
DMIh or Ineolven+cy. The d0d[n of BOrrdwiur fir the diaa01u66n or termination Of bOrcOWers existence as a gang business, the In50[vency Of
BOrcower, 7110 apptsOtment of a reC5lVer for any part a bOmovrer's property, any assignment far the benefit df credllOrs, any type a creditor
workout, fir the commencement cf any praeeedlrtg under arty bankiupfuy a (nsdlvencylaws by or egaiant Borrower.
Credildr ar Fdrlelture Pr6ceadings. Commencement of foreclosure or forfeiture- precaedings, whether by jutlklal proceeding, selhhelp,
repossession ar any other momoa; cy any 6•ediMr of 13arrowar or by any 9ovrfrrtmenfal agency against any coliataral securing the loan. This
)ndutles a garnishment of any of BOmower'S cccounts,~in0lUding deposit a00ounts. wim Lender. HOWavrN, this Event of Default shall not apply if
there 15 a good faith dispute by 9orcower as to ihB Validity Of feaS00ableneSS of the Claim which is the be5t5 Of the craddar ar forfeiture prOCeedmg
antl If Borrower gives Lander written notice rf the creditor Or tulelhlre proceeding end deposits with Lender monies Or fl surety bond for the
creditor or torteihare proceeding, in an smount determined by Lender, in its sore discre5on, as being an adequate reserve Or band for the dispute.
Evenly Anecdng Guarantor. Any at the prec~stling ovens Occurs with respect to any guerantOr, endorser, surety, or acdommodafion perry at any
of the indebtedness or any guarantor, andgrsur, surety, w acc6mmottatl6n party dies Or becomes incompetent, Or revokes or disputes the vatitllry
of, or Gehility Yntler, any guaranty of the indeb~:edawss evidenced by InlS Nate.
Adverse Change.- A matedat adverse cnr,nge oxurs in B6nOwerS financial condition, or Lender heGeves me praspebt of payment or
performance of this Note Is ImpaveO.
. Intrecttriry. Lender in good talm believes itseu insecure.
LENDF.P'S RIGHTS. Upon default. Lender may, AIt0r giving such naecas es required by applk:abla law, dadere the entire unpaid principal Balance on
this Note and all aCCNlitl Unpaid InterE51 knmedlatsly dug, 8nd men bOmOwer will pay that amount.
ATTORNEYS' FEES; pCPENBES: Lender may hkia br pay sdmecne else tO help collect this Nola g borrower does not pay. borcawer wtll pay lender
that emounL This inGUdes. subject to any limits under apPlicttele.law, Lender's attorneys' fees antl Lender's fagot expenses, whether or not mere is a
IawstaL incldding attorneys' fees, expanses tw bankruptcy proceedings (including eNOrts t6 modify a vacate soy automated sriy or injunction), and
appeals. If not prahiGted by applicable law. 8orratuer also will pay arty crud costs, in addillon t0 ea Omer sums provided by law.
JURY WAIVER. lender end Borrower nerehy waive me ngnt to any fury blot in any amlon, proceeding, or counterclaim brought by efthar
Lender or bortower against ine other.
Exhibit "A"
PROMISSORY NQTE
Loan No: s00DD6855 (Continued) Page z
GOVERNING LAW. Tlds Note wlll be povemed by, eanstrued end enlareetl In accordanrr with federal law antl the lawn of a1a Cammomvesftn
of Pennsylvania. 7hls Nole has been accepted by Lender In the Commonwealth of Pennaylvanla.
CHOICE OF VENUE. If there is a Iawsult. Borrower aEveBS upon Lender's request tc submit tp the Juriedicilan of the couds of Cumbedand County,
Commonwealth of Pennsylvania.
RIGHT OF SETOFF, To the ektent permitted by applicable law, Lender reserves a right of setoN in as Bbmdwer's accounts with Lander (whether
Checking, Savings, ar some other BCCCUntJ. The lnelude:s all aeCCUma Borrower holds Jointly witlr someone x150 and all eCCOUn~ Borrower may open in
the hiure, hlowaver, this deas no! Include am IRA ar lteagh eccoums, or any trust accounts for whbh setoff would he prohibited by law. Borrower
authorizes Lender, to the 0xtem permitted by appliCflble law, to cnarpa ar seioH ell sums awing on the debt agalnsi any and all such edceuMS, and, at
- Lender's option, to administreavaly freeze all such accounts to allow Lender to protect Lender's charge and setoff rphfs provided in this paragraph.
SUCCESSOR INTERESTS. Tha terms of ihle Nofe sh:tll be binding upon Borrower, dntl upon BOtrower's heirs, persbnel rspresentalives, successors
and a5alptts, dntl shall inure td the benefit dt Lander and its successors end assigns.
GERERAL PROVISIONS. This Note is payable an tlarciand. The indusion 0f spedTib default provi5lorls or rights of Lander shall not predutle Lantler's
ripM to declare payment of this Note on its demand. Lender may delay Cr fCrgo enforcing any of its rights ar remedies under this Note without lasing
them. Bbrrower and any other person whc signs, gwtrflnlses cr endorses Ihls Note, to the e>dBm allowed by law, waive presentment, demand for
payment, arid n0tlda d disn0nor. Upon any cnattge in th0 Corms of this Nate, and unless atherwlse aspressly stated In wntlng, no party who slpns this
Note, whether d5 maker, guaramor, accommodaaon maker br endorser, shall be released From Ifabilay. All such parties spree that Lander may renew
or eldend (repeatedly and for any length or time) this Ivan or release any party a guflrantar ar Collateral: or impair. (ail }o reallzB upon ar parted
Lenders secudty Interest in the oblleteral; and ~ske amy other action deemed necessary by Lender wihout the oorlsent of or notice to arryone. Alt such
parties also spree that Lander may modify this loan wd8aut the ednsent of or notice to errydrre other thamthe party with whom the motliacatldrt is made.
7ha ohltge60ns under this Nola are jcint and several. Pt any portkon of this Note Is for any reason determined to be unenforceable, It will not aHed the
enforcaebillty of any other provisigns of UtLS Note.
CONFESSION OF JUDGMENT. BORROWER HEREB`i IRREYCCABLY aUTHORlgS AND EMPOWERS ANY ATTORNEY OR THE PAOTHCNOTARY
OR CLERK OF ANY COURT IN THE CCMMON'MEALTIi OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE ANO WRH OR^NTfHOUT COMPLAINT FILM. CONFESS OR ENTER JUDGMENT AGAINST HORROWER FOR THE
ENTIRE PRWCIPAL BALANCE OF THIS NOTE ANR ~1LL ACCRUm INTEREST, IATE CHARGES AND ANY AND ALL AMOUNTS Q(PENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNBY'S
COMMISSION OFTEN PERCENT (10~) OF THE UNPAID PRINCPAL BALANCE AND ACCRUED INTEREST FOR CDLLE(TION; BUT IN ANY EVENT
NOT LESS'THAN FlYE HUNDREC DOLLARS (35(x1) DN WHICH JUDGMENT OA JUDGMENTS ONE OR MORE p~CUTIONS Mar ISSUE
IMMEDIATELY; AND FOR 90 DOING, THIS NOTE OFd A COPY OF THIS NOTE YERIFIBD BY AFFIDAVIT SHALL BE SUFFIGIEN'I' WARRAaIT. THE
AUTHORITY GRANTED IN THIS NO'T'c TO CCNrESS.NDGMfiNTAGAINST BORROWER SHALL NOT SE EXHAUSTED 8Y ANY EXERCISE OF THAT
AUTHORITY, BUT-SHALL CONTINUE PROM TIME Tt:I TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THtS
NOTE BORROWER-HEREBY WAIVES ANY 4iGHT !spARCWER MAY HAVE TO NOTICE OR TO A HEARING tN CONNEL'TIDN WITH ANY SUCH
CONFESSION OF JUDGMENT ANC STATES THAT.I3ITHER A REPRESENTATNE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO eORRCWER'S A7: eNTI(;tN OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, t3ORROWFA REf,o ANO UNDERSTOOD ALL THE PROVISIONS GP THIS NOTE. BORROWER AGREES TO
THE TERMS'OF THE NOTE
80RROWER ACKNOWLEDGES RECEIPT DF a COaIipLETBD COPY OF THIS pROM1SSORY NOTE.
THIS NOTE IS GNEN UNDER SF_AI. AND R IS IN'TENOED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMfiNT ACCORDING TO LAW.
BORRO~ER
,
... ~ ;: ~:
Carl BYOn{ta ,IndIVP~ttapy
Gn6YlP0 LMtlp. Rp. YSIn. •'Y. SR. Vnp O.P.1 n.y Iq OimOnlna IxxT, 1001. AFRpAIx RP.~'xl . iA MW.1X5161LLP410iY1G Tfl.Yx PT0.x0.Trry
DISCL05URE FOR CONFESSION OF JUDGMENT
DiSCLOSUPIE FOR CdNFESSiQN OF JUDGMENT
l AM t7CECUTING, THIS ~~ DAY OF ~~;Las.c.~ , 20_,Q~, A PROMISSORY NOTE FOR sSa,aOaJw OBLIGATNG ME
TO REPAY THAT AMQLWT.
A. I UNDERSTAND THAT THE NOTE CONTAINS ~a C.ONFESSION OF JuOGMEN7 PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME !N COUA7, AFTER A DEl"AUL7 ON 7HB NOTE, WITHOUT ADYANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO OEFENp AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY pIGXTS 70
ADVANCE NOTICE AND TO A HEARING TO CONT!!?ST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS TXAT LENDER MAY ASSERT
AGAINST ME uNOER 1TiE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND vOLUNTARILY WANING THESE RIGHTS, INCLUDING ANY RIGF{T
TO ADYANCE NOTICE OF 7NB ENTRY OF JUDGIIAENT, AND t EXPRESSLY AGREE AND CONSENT 70 LENOTTA'S ENTERING JUDGMENT
AGAINST ME SY CONFESSION AS PAOYIpEO FOP IN THE CONFESSION OF JUDGMENT PROVISION.
B. I FUATFaeR UNDERSTANp THAT IN ADOITION'I'0 GIVING LE'IPtiR THE RIGXT TO ENTER Jt1pGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JI.IDGMENT PROVISION IN TI1E NOTE ALSO CONTAINS LANGUAGE THAT wOULD PERMIT
LENpBR, AFTER ENTRY ~ JUDGMENT, AGAIN W ITHOUT EITHER ADVANCE NOTICE OR A NEARING, 70 E%ECUTE ON THE JUDGMENT 9Y
FORECLOSING UPON, ATTACHING, LEVYING gN,'TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT, IN EXECUTING 7'HE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE pNO A HEARING
AFTERJUOGMENT IS ENTERED AND BEFORE E:KECUTION ON THE JUPGMEWT, 1 AM KNOWINGLY, INTEILIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLYAGFIEE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUpGMENT, IN ANY
MANNERPERMITTEp BY APPLICABLE STATE ANI:1 FEDERAL I.AW, WITHOUT GIVING LENDERANY ADVANCE NOTICE.
C. AFTER HAYING READ AND DETERMINED WHI CH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TD EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
-~~ -~}-7 ~ A. F WAS REPRESENT® BY MY OWR INDEPENOENr LEGAL COUNSEL IN CONNECTION W ITX TtiE NOTE.
l .ffa~ 2. A REPRESENTAT(YE OF LEIYDEft'!iPECtFIC.iLLY CALLED THE CONFESSIgN OF JUDGMENT PRDWSRNf iN iXE NOTE TO MY
ATTENTION.
D, f CERTIFY TXAT MY ANNUAL INCOME IXCEE:gS StD,DQa; TXAT THE BLANKS IN THIS DISCLOSURE WERE FILLEp IN WHEN + INITIATED
AND SIGNED IT; ANp THAT I RECENEU A COPY:6T THE TIME OF SIGNING.
TXt3 DISCLOSURE IS GIVEN UNDER SEAL AND' t7 IS INTENDED THATTFIIS DISCLOSURE IS AND SHALL CONS7IME AND NAVE THE
EPFECT OF A SEALED INSTRUMENT ACCOROINfii TO LAW.
AFFt T
+r ,.
g ~' ", ~ "5cei1
~f `art Bronttsky, tntll tluatly ~ ~ ~ ~~~
YLERPRONVN.dR0. W8PP.PfYVO. vvf.xn,VR~N Gn•rYPV IN,.]4%. u1RgM, RnNN. •MY.4aRG,CTLPL,PVLfE }MqO PP.Epn,hn
Exhibit "B"
AR18nt; Carl Branltaky (SSN: zo1-7s-ssaA) Lender: Mltl Penn Bank
42a North 2tat Street, Sulte 702 Carllale Plka OMCe
GemP H01, PA t7att 4821 CaAleb Pike
MlChpnlCabyrg,PA 17tl55
InTI Tat-xaeD
CERTIFICATION
I hereby certify that the precise address of Plaintiff is 349 Union Street, Millersburg, PA
17061.
I further certify that the last known address of the Defendants are:
Carl Bronitsky
423 North 21~ Street
Suite 102
Camp Hill, PA 17011
I further certify that the underlying transaction, as evidenced in part by the exhibits attached
to the Complaint in Confession of Judgment Exhibit "A" attached hereto, is a commercial
transaction.
Dated: 2001
v
~~~
Christian S. Dag} ,Esquire
Supreme Court ID 47741
105 North Front Street
Harrisburg, PA 17101
Attorney for Plaintiff
c:~wrrooaw.ecae.~rymy
MID PENN BANK : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
CARL BRONITSKY
Defendant
NO. 2001
CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
Christian S. Daghir, Esquire, being duly sworn according to law deposed and says that
he makes this affidavit on behalf of the within Plaintiff, being authorized so to do, and that he avers
that defendants are not in the military or naval service of the United States or its Allies, or otherwise
within the provisions of the So7diexs and Sailors Civil Relief Act of Congress of 1940 and its
amendments.
Sworn and Subscribed to before me this
Respectfully Submitted,
ETZWEILER AND ASSOCLATES
Christian S. ghir, Esq.
Sup. Ct. I.D. No. 47741
105 North Front Street
Harrisburg, PA 17101
(717)234-5600
~~~day of.~ae 2001.
Not Y Public
NpTARIAi SEAL
PATTY t. g1'ROHECKER, Notary PubNc
c1wx~ooacn.mstrwuWn Harrisburg, Dauphin County
My Commission Expires Jan. 6, 2003
~~ ~. ~~~
~_
~. ~.
,~ ,
MID PENN BANK
Vs.
CARL BRONITSKY
Defendant
~.~.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANLA
Plaintiff
NO. i299i-O!•- S6`$~$' ~iu~~. ~E2W1/
CIVIL ACTION -LAW
To: Carl Bronitsky, Defendant
You are hereby notified that on 2001, the following judgment has
been entered against you in the above-captioned c e.
Judgment in the amount of $55,741.25 which includes interest to September 20, 2001.
DATE: ' ~1,
Prothono y
I hereby certify that the name and address of the proper persons to receive this
notice under Pa. R. Civ. P. 236 is:
Carl Bronitsky
423 North 21s` Street
Suite 142
Camp HIlI, PA 17011
d
Lam/
Christian S. D ghir, Esq.
Attorney for Mid Penn B
A Carl Bronitsky, Defendido/a
Defendidos/as
Por este medio se le esta notificando ue el de
de12001,
el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado
en el epigrafe.
FECHA:
Protonotario
c:~~w.oac+crvt~.eawu~.y
... •J`. ,~ ~ Y~I~Y3WNk~9 JWeiINW tl# b.wa x "o-mvNd4E_il
i
Certifico que la siguiente direction es la del defendido/a Begun indicada en el certificado
de residencia:
judgment in the amount of $55,741.25 which includes interest to September 20, 2001.
Cazl Bronitsky
423 North 21" Street
Suite 102
Camp Hill, PA 17011
/~Q L
P
~ 6
.
/
.
,
. ,
.
Christian S. Da~tiir; Esq.
Abogado del Demandante
IN THE UNITED STATES BANKRUPTCY COUR~~~ ,~~ek~~''b''~ SPA
FOR THE MIDDLE DISTRICT OF PENNSYLVAN t-°w-~~~--t
Q~~ "' ~
IN RE:
CARL BRONITSKY, and
CHARLES J.DeHART,TRUSTEE
DebtorlMovants
v.
MID PENN BANK
Respondent
IN BANKRUPTCY
CHAPTER 13 PROC
BK. NO. 1-02-00031
~e~
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5655 CIVIL TERM
JUDICIAL LIEN AVOIDANCE
-ORDER OF COURT FOR JUDGMENT BY DEFAULT
AND NOW, this ~~~day of CX,t.c,F' r,cai~- , 2002, in consideration ofthe within
Motion for Judgment by Default filed by co~&hsel for Debtor/Movant, the Court finds that the
Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding
Judicial Lien filed on July 9, 2002 and duly served upon the Respondent; therefore, the Court orders
judgment by default in favor of the Movant, Carl Bronitsky, and against the Respondent, Mid Penn
Bank to the relief requested in the Motion.
IT I5 HEREBY ORDERED, adjudged and decreed that the judgment lien held by the
Respondent is hereby declared void in its entirety and of no further force and effect as it violates 11
U.S.C. Section 522(fl(1}and interferes with 11 U.S.C. Section 522(d).
BY THE COURT
~; Isl John J. Thomas
Bankruptcy Judge
v;:;~1TIF~
osay of
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