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HomeMy WebLinkAbout99-05163 No. 9f - sip 3 Civil Term N. A. vs. Court of Common Pleas Cumb. Co. . i I t I KEYSTONE FINANCIAL BANK N.A. : Plaintiff VS. IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA ASSOCIATED PERIODONTISTS, INC., : CIVIL ACTION LAW Defendant CIVIL TERM 1999- ,5-163 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 riled in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against the Defendants, Associated Periodontists, Inc., as follows: Principal $54,811.35 Interest to 6-13-99 $ 957.84 Late Charges $ 211.24 Attorney's Fees $ 5,598.04 TOTAL $ 61,578.47 with interest from June 13, 1999, on the principal sum of $54,811.35 at the rate of 9.250 % per annum. Respectfully submitted, Dated: F(- .?)3 --9 q Duncan & Hart n, P.C. By: ??? Wil am A. ufr , squire PA ID # 22080 Attorney for Plaintiff KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW ASSOCIATED PERIODONTISTS, INC., : Defendant CIVIL TERM 1999- COMPLAINT FOR JUDGMENT BY CONFESSION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951, ET SEQ. Plaintiff, Keystone Financial Bank, N.A., by its attorney, William A. Duncan, files this Complaint in Confession of Judgment. 1. Plaintiff, Keystone Financial Bank, N.A., 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 Associated Periodontists, Inc., with a last known address of 3461 Market Street, Suite 304, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On or about January 13,1999, Defendant Associated Periodontists, Inc., entered into a Promissory Note in favor of Plaintiff, Keystone Financial Bank, N.A., in the original principal amount of Fifty-eight Thousand and 00/100 ($58,000.00) 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 Associated Periodontists, Inc., has defaulted in this obligation under the Note by failing to make their July 1999, and August 1999 payment of principal and interest due thereunder. 5. Pursuant to the Note, judgment may be entered against Defendant Associated Periodontists, Inc., for all monies due without notice or demand. 6. Pursuant to the Note, and by reason of Defendant Associated Periodontists, Inc., default, the following amounts are currently due and owing Plaintiff Keystone Financial Bank, N.A., by Associated Periodontists, Inc., Defendant. Principal Amount due to date: $ 54,811.35 Interest Accrued and unpaid through June 13, 1999 $ 957.84 Late Charges $ 111.24 Attorney's Fee's Pursuant to the terms of the Note $ 5,598.04 TOTAL $ 61,578.47 Interest accrues at a rate of $14.09 for each day after June 13, 1999 that this indebtedness remains unpaid. In an event of a petition to strike or open this judgment is filed. Plaintiff Keystone Financial Bank N.A., 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, $61,578.47 is currently due and owing Plaintiff Keystone Financial Bank, N. A. from Defendant Associated Periodontists, Inc., and Defendant Associated Periodontists, Inc., has failed to pay the amount due. WHEREFORE, Plaintiff Keystone Financial Bank, N.A. request that judgment be entered in its favor and against Defendant Associated Periodontists, Inc., in the sum of $61,578.47 and all costs of suit. Duncan & Hartman, P.C. DATED: ?- 0-3 -? 4 By: W . ncan, Esquire Attorney for Plaintiff 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. ack V. Hutchison -12 Asst. Vice President Financial Trust Company 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 unswom falsification to authorities. ack 0utchison Asst. Vice President Financial Trust Company 241-9968 FINANCIAL TRUST 680 P04 AUG 17 199 12:23 T PROMISSORY NOTE Principal Amount: $58,000.00 Interest Rate: 9.250% Date of Note: January 13, 1999 PROMISE TO PAY. Assoeleled Periodontists, Inc. l"Borrcwer") promises to pay to KEYSTONE FINANCIAL BANK, NA. ('M1allder"), or order. In lawful motley of the United States of America, the principal amount of Fifty Eight Thousand d 001100 Bottom ($5aA00J10), together with Interest at the role of 9250% per annum on Me unpaid principal balance from January 13, 1999, until paid In full. PAYMENT. Borrower will pay this loan In 71 payments of $1,096.19 each payment and an Irregular last payment estimated at 111,056A6. Borrower's first payment Is due February 13, 1999, and as subsequent payments are due on the same day of each month alter that. Borrower's final payment will be due on January 13, 2005, and will be for all principal and all accrued Interest net yet paid. Payments include principal and interest. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual Interest rate over a year of 360 clays, multipliod by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay lender at Lander's address shown shove or at such other place as Lender may deslgnale in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any renlalning amount to any unpaid Collection Costs and late Charges. PREPAYMENT. Somawer may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lander in Walling, folio" Borrower of Borrower's 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 paymflnb. LATE CHARGE. If a payment is 16 days or more late, Borrower WII be Charged Sb00% of me regularly scheduled payment. DEFAULT. Borrower will be in default it any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower falls to comply With or to perform when due any other form, obligation, covenanL or Condition contained in.this Note or any agreement related to this Nola, or In any other agreement or loan Borrower has with Lander. (c) Am representation or statement made or furnished to Lender by Borrower or on Borrower's bench Is false or misleading in any materlal tspect either now or at the time made or furnished. (d) BOM)Wer becomes insolvent, a receiver is appointed for any pad of Borrower's property, Borrower makes an assignment for the harem of cmda0rs, or any proceeding is commenced tither by Borrower or against Borrower under any bankruptcy or insolvency laws. (a) Any credhnr Ines 10 lake any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (f) Any guarantor dies or any at the other event. described in this default section occurs With respect to arty guarantor of this Note. (g) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect at payment or performance of the Indebtedness is Impaired. (h) Lender in good faith deems itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the onfire unpaid principal balance on this Note and all accrued unpaid interest immetlktely due, and then Borrower will pay that amount. Lander may him or pay someone also to help called this Note if Borrower does not pay. Borrower also will pay Lender that amount. This Includes, subject to any limits under applicable law. Landers attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (Includ!ng efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment Cessation services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment Is entered in confection with this Note, Interest will continue to accrue on this Nola after judgment at the existing interest rate provided for in this Note. This Note has been delivered to Lender and Accepted by Leader In the Commomreallh of Pennsylvania. If Mere is a lawsuit, Borrower agrees upon Lenders request to submit to the Jurledfdion of the courts of Qdmbedand County, the Commonwealth of Pennsylvania. This Note shall be governed by and Construed in accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual srcumy Interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lendor all Borrowers right, Otte and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without tlmliation as accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorises Lentler, to me extent permitted by applicable law, to charge or sotoft all sums owing on this Note against any and all such accounts. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and arry other parson who signs, guarantees on endorses this Note,Jo the extant allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. Al such panes agree that Lender may renew or extend (repealedty and for any length of time) this loan, or release any party, or guarantor or Collateral; or impair, fail to realize upoo or pealed Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the Consent of or notice to anyone. All Such parties also agree that Lender may modify this loan without the Consent of or notice to anyone other than the party whin whom the modification la made. If any potion of this Note Is for any reason determined to be unenforceable, it will not afll the enforceability of any ether.provivons of this Note. CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE. AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($600) 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 JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHAD. CONTINUE FROM TIME TO TIME AND AT ALL TIMES 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 HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. Borrower: Associated Perlodonlids, Inc. Lender: KEYSTONE FINANCIAL BANK, N.A. 31x1 Market Street, Salle 306 Camp HUI Camp 11111, PA 17011 0231 Tdndle Road Camp HILL PA 17011 241-0066 FINRNCIRL TRUST 660 P05 AUG 17 199 12:24 111_13-19" PROMISSORY NOTE Pape 2 (COnUnued) PRIOR TO SIGNING THIS NOTE, BORROWER READ ANO UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWUEOGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. S K Li: a J cli Ln U a 8 ?? v KEYSTONE FINANCIAL BANK N.A. Plaintiff IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VS. CIVIL ACTION LAW ASSOCIATED PERIODONTISTS, INC., : Defendant CIVIL TERM 1999- 5 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, Keystone Financial Bank, N. A. and enter judgment for Plaintiff and against Defendant Associated Periodontists, Inc., for damages. Duncan & Hartman, P.C. DATED: F-,.12 3- V-/ By: t Viaim uncap, Esquire e Attorney for Plaintiff L' _ -`D? CIQ ? ? . .JCi- O rN _? KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. ASSOCIATED PERIODONTISTS, INC., : Defendant TO Associated Periodontists, Inc., Defendant IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 1999 ll You are hereby notified that on August V 1999, judgment by Confession was entered against you in the sum of S 61, 5 7(. q7 in the above- captioned case. DATE: /s/ 6 ioUJ7FG' Prothonotary LPG 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: 3461 Market Street. Suite 304 Cam Hill PA. 17011 A , At torney for Plain Defendido/a Defendidos/as 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 que In siguiente direccion es In del defendido/a Begun indicada en el certificado de residencia: Usted esta siendo notificado que el (day) de (month) del 1999, se anoto en contra suya un fallo por Abogado del Demandante BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 IN THE COURT Attorneys for Plaintiff CIVIL ACTION - LAW KEYSTONE FINANCIAL BANK, N.A., Plaintiff VS. ASSOCIATED PERIODONTISTS, INC., Defendant TO THE PROTHONOTARY: NO. 99-5163 ACTION IN CONFESSION OF JUDGMENT ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Keystone Financial Bank, N.A., now by merger, Manufacturers and Traders Trust Company in the above-captioned proceeding. BINGAMAN, HESS, COBLENTZ & BELL, P. C. By: (/ ?-' tl ' Mark G. Yoder, Esquire Date: C/ (w' 2 U, 2 p o Y _? ?; .. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Attorneys for Plaintiff Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN CIVIL ACTION - LAW KEYSTONE FINANCIAL BANK, N.A., NO. 99-5163 Plaintiff vs. ASSOCIATED PERIODONTISTS, INC., : ACTION IN CONFESSION OF Defendant :JUDGMENT PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: In 1998, Keystone Financial Bank, N.A. merged with and became Manufacturers and Traders Trust Company. Accordingly, it is respectfully requested that the caption in the within action be amended to read: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, successor by merger to Keystone Financial Bank, N.A., Plaintiff vs. NO. 99-5163 ASSOCIATED PERIODONTISTS, INC., Defendant ACTION IN CONFESSION OF JUDGMENT BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: A"R /` Mark G. Yoder, Esquire Date: 2, o,2oo? Attorneys for Plaintiff r_ ?