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HomeMy WebLinkAbout99-03226 i No. 4o - 3aa.lo civil Term v?. Court of Common Pleas Cumb. Co. i l ?- -- -- i a f i r? FINANCIAL TRUST CORPORATION Plaintiff VS. WALTER E. RENAUT bda RENAUT AIR FREIGHT Defendant TO Walter E. Renaut, Defendant IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 1999- - 3.2 JG &L-lif 7-el, You are hereby notified that on May 26, 1999, judgment by Confession was entered against you in the sum of $52,964.01 in the above- captioned case. DATE: 7v4l, .9 7, 1995 ?n•-?v Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE. SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA, 17013 717-249-3166 I hereby certify that the following is the address of the defendant stated in the certificate of residence: 2326 BUMBLEBEE HOLLOW _MECHANICSBURG, PA 17055 W-L -A 4 - " t/ William A. Duncan, Attorney for Plainti Defendido/a Defendidos/as Usted esta siendo notificado que el (day) de (month) del 1999, se anoto en contra suya un fallo por confesion en la suma de $ en el caso mencionado en el epigrafe. FECHA: Prothonotario USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NI TIENE UN ABOGADO O NO PUEDRE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA, 17013 717-249-3166 Certifico yue in siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: \ AALL? L ? ? j Av4z/b? Abogado del Oemindan e FINANCIAL TRUST CORPORATION Plaintiff VS. WALTER E. RENAUT bda RENAUT AIR FREIGHT Defendant IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 1999- 3?2.2[, (2z `j 17 ,,., ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, Financial Trust Corporation and enter judgment for Plaintiff and against Defendant Walter E. Renaut for damages. Duncan & Otto, P.C. Pz DATED: j -.240 By: VAJO AA-C. William A. Duncan, Esquire Attorney for Plaintiff FINANCIAL TRUST CORPORATION Plaintiff VS. IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW WALTER E. RENAUT bda RENAUT AIR FREIGHT C 0 T Defendant CIVIL TERM 1999- 3.2,2& CONFESSION OF JUDGMENT Pursuant to the Warrant of Attorney contained in the aforementioned Promissory Note, the original or copy of which is attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against the Defendant, Walter E. Renaut, as follows: Principal $ 46,678.99 Interest to 2-10-99 $ 1,036.19 Late Charges $ 433.92 Attorney's Fees $ 4,814.91 TOTAL $ 52,964.01 with interest from May 26, 1999, on the principal sum of $46,678.99 at the rate of 9.50 % per annum. Respectfully submitted, Dated: 5--.2 & 9 Duncan & Otto, P.C. By:_ Lu,cctlt4 William A. Duncan, Esquire PA ID # 22080 Attorney for Plaintiff FINANCIAL TRUST CORPORATION : IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VS. CIVIL ACTION LAW WALTER E. RENAUT bda RENAUT AIR FREIGHT Defendant CIVIL TERM 1999- 3 z.2 G Cwt -re,- COMPLAINT FOR JUDGMENT BY CONFESSION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951, ET SEQ. Plaintiff, Financial Trust Corporation, by its attorney, William A. Duncan, files this Complaint in Confession of Judgment. 1. Plaintiff, Financial Trust Corporation, is a Pennsylvania banking Corporation existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1415 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Walter E. Renaut, with a last known address of 2326 Bumblebee Hollow, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On or about July 6, 1998, Defendant Walter E. Renaut, entered into a Promissory Note in favor of Plaintiff, Financial Trust Corporation in the original principal amount of Fifty One Thousand Five Hundred and 00(100 ($51,500.00) Dollars. A true and correct copy of the Note, which contains the Warrant of Attorney upon which this judgment is confessed, is attached hereto as Exhibit "A" and is a part hereof. 4. Defendant Walter E. Renaut, has defaulted in this obligation under the Note by failing to make his April 5, 1999 and May 5, 1999 payments of principal and interest due thereunder. 5. Pursuant to the Note, judgment may be entered against Defendant Walter E. Renaut, for all monies due without notice or demand. 6. Pursuant to the Note, and by reason of Defendant Walter E. Renaut's default, the following amounts are currently due and owing Plaintiff Financial Trust Corporation by Walter E. Renaut, Defendant. Principal Amount due to date: $ 46,678.99 Interest Accrued and unpaid through April 16, 1999 $ 1,036.19 Late Charges $ 433.92 Attorney's Fee's Pursuant to the terms of the Note $ 4,814.91 TOTAL $52,964.01 Interest accrues at a rate of $12.32 for each day after May 26, 1999 that this indebtedness remains unpaid. In an event of a petition to strike or open this judgment is filed. Plaintiff Financial Trust Corporation, reserves the right to have interest and attorney's fees brought current. 7. There has been no assignment of the Note. 8. Judgment has not been entered on the Note in any other jurisdiction. 9. Pursuant to the Note, $52,964.01 is currently due and owing Plaintiff Financial Trust Corporation from Defendant Walter E. Renaut, and Defendant Walter E. Renaut, has failed to pay the amount due. WHEREFORE, Plaintiff Financial Trust Corporation request that judgment be entered in its favor and against Defendant Walter E. Renaut, in the sum of $52,964.01 and all costs of suit. Duncan & Otto, P.C. Q q I ?,?^ DATED: By: William A. Duncan, Esquire Attorney for Plaintiff VERIFICATION I, Jack V. Hutchison, hereby verify that I am an Assistant Vice President of Financial Trust Company, that I make this verification being authorized to do so, and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. J V. tchison st. Vice President Financial Trust Company CERTIFICATION OF COMMERCIAL TRANSACTION I, Jack V. Hutchison, hereby verify that I am an Asst. Vice President of Financial Trust Company, and, as such, duly authorized representative of Financial Trust Corporation deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities that the underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his knowledge, information and belief. /17ack . Hutchison Asst. Vice President Financial Trust Company 241-0060 FINRNCIRL TRUST 485 P04/08 MRY 21 199 08:22 •.?r: wwor t, rrertaur lender: Finwelal Trust Company dba: RenaW Air Freight Camp Fait 2328 Bumblebee Hollow 3ad5 Trlnale Road Mechanicsburg, PA 17055 Camp NO, PA 17011 Principal Amount: S51,SOo.00 Interest Rate: 9.50f)91i Date of Note: July 0, 1998 TO PAY. "Lende fainifu United States of America, the E, Rensurf Principal f o t Fifffy One e Thoussurm a Huna Trust a0noo?DOOSM (IS51,,5aa m), ?l ogether wwithl Inter st of me rate Of 9.M% par annam on the unpaid principal balance from July 6,199a, udtl paid In full. Be PAYMEN 7hp"7by Ih9 n In W psymanp of11alfleWOr"OIs due August 5, ffl paymnue on Jury 5 N 09, he eromL mo fr thNomputdyshe outSlondin0 principal be pay at Lendore address shown above or at ucce 8a Lander may dasgnate in writing. Unless olherwlso agreed a required by applkable law, payma is will be applled test to accrued unpaid Interest, then b prindpd, and any remaldng amount to any ultptild cdledion costs and We d+prgaa, PREPAYMENT. Borrower may pay without penalty all or it portion at the amount owed earlier than it is due, Early payments will not, unless agreed to by Lender in willing, relieve Borrow& of BonoiMeS Obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result In Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more 1x19, Bonower will be charged 5.100% of the raw" scheduled payment. DEFAULT. Borrower will be In default if any of the following happens; (a) Borrower tails to mako any payment when due. (b) Borrower breaks arty promise Borrower has made to Lander, or Borrower falls to comply with or to perform when duo tiny other term, obligation, covenant, or condition COntainad In this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (C) Any representation or stalemOnt made or furnished to Lender by Borrower or on Borrowers behalf a false or misleading in any maforial rasped either now or at the time made or banished. (d) Borrower dies or becomes insolvent, a receiver is appointed for any pad of Borrowers Property, Borrower nukes an for the benefit crad laws.s.n(a)Any creditor tries of to take any of Borrower's fiopperty on of In which Le Borwer or a Ilan r®security interest. uT?Includes a rgarnnishmeinsolvency t of any of Borrowers accounts Mtn Lender. (1) Arry of the events described in this default section occurs with rasped to any guarantor of this Note. (9) A material adverse change occurs In Borrowers financial CondiOon, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. (h) Lender in good faith dooms itself insecure. LENDER'S RIGHTS. Upon default, Lander may, after giving such ndicas as required by applicable law, declare the ontim unpaid principal balance on this Note and all accrued unpaid interest immedlately due, and men Borrower *91 pay frill amount. Lander may hire or pay someone also to help toilet( this Note if Borrower does not pay. Borrower also will pay Lender that amoud. This Includes, subject to any limits under eppticabis law, Lenders attomays' fees and Londoes legal expenses whetter or not there Is a lawsuit, including aftornsys' foes and legal expenses for bankruptcy proceedings (induding efforts to modify or vacab any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. It not prohibited by applicable taw. Borrower also wal pay any court costs, in addition to all other sums proAdod by law. if judgment Is entered in connection with this Note, Interest will continue to accrue an this Note after judgment at the es sting interest rate provldod for in this Note. This Note has been delivered to Lender and accepted by Lender in the Comnbmreeah of Pennsylvania. If there to a lavautt, Borrower agrees upon: Lender's requeet to witman to the Jurisdiction of the courts of Cumberland County, the Coremorweath of Pennsylvania. This Note short be governed by and construed In accordance with the laws of the Commofnweelfh of Pennsylvedi . RIGHT OF SSETOFF. Borrower grants to Lender a contractual securdy Interest in, and hereby assigns, conveys. delivors, pledges, and transfers to Lander all right title and Interest in and to, BonowOra accounts with London (whether checking, savings, or some other account). Including without limitation Ali accounts had jointly with Someone also and all accounts Borrower may opan in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which Ina grant of a sacudty Interest would be prohibited by law. Borrower allthWizDs Lender, to the extent permitted by applicable taw, to charge or setoff all sums owing on this Note against any and sit such accounts. GENERAL PROVISIONS, Lander may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and spy otter person who signs, guaradoas or ondorsas this Note, to the extant Ili by haw. MIND presontmont, demand for payment, protest and notice at dishonor. Upon any change in the torms Of this Note, and unless otherwise expressly stated in willing, no parry who signs this Note, whether as maker, guarantor, accommodation maker or ed01SOr, shall be released from liability. All such parties agree that Londer may renew or extend (repeatedly and for any IBrglh of area) the Iwn, Or reba50 arty party Of guarantor or CAII81orel; a impar, Pell to r6allze upon o7 confect Lender's security interest In the COL'6terel; and take any other action doomed rroaassery by Landr wattout the Censenl d or netke o arryone. All such parties also agree that Lender 1116 oe. d0. If any portion of this Note is for trt mas0t rile mnir no lea uncbrL•en nloace Iraf aflaenlatha trrf ho reablilty o ¢nY dhw proNsJOnudof?this N CIBNFESBIDN OF Jla)CMFJY7. BORROWER HEREDY 1RREV0(,ABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA Ofi ELSEWHERE, TO APPEM ATANY TIME FOR BORROWER AFTER A DEFAULT UNDER 1NI5 NOTE, ANO WITH OR WITNOUi COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINgPAL BALWCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS LJCPENDFD OR ADVANCED 0V LENDER RELATING TO ANV COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETTER WITH COSTS OF 9UR, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL t)NLANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING. THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMEVr AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALLTIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR FEARING REOLHRED UNDEn APPLICABLE LAW WITH RESPECT TO STCUTION OF THE JUDGMENT. AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWERS ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE 241-0060 FINANCIAL TRUST 4B5 P05/08 MAY 21 '99 08:23 9?+ 199e PROMISSORY NOTE Pepe 2 (Continued) PRIOR TO SIGNINO THIS NOTE BORROWOR READ AND UNOEASTOOD ALL THE PROVISION3 OF THIS NOTE. BORROWER GAGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLEIIED COPY OF THE NOTE. THIS NOTE HAS LIEN SIGNED AND SEALED BY THE UNDERSIGNED, RO Y - •'e Fled Rele. millmonl. LASE PRO. ROD. U.MPat. AT.M.Off..Ver.125(9)1PDII CFI WDS"WO, Inc. All nonce rose1VOG IPA•DIIDRGNAVLLN ..O j n 3 P fl; l•1 _J p: . s? &?