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Home My WebLink About99-05289 1 No. 99- say, Civil Term Court of Common Pleas Cumb. Co. i i l i. ti KEYSTONE FINANCIAL BANK, N. A.: Plaintiff VS. IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW PAUL MATTUS AGENCY, INC., Defendant CIVIL TERM 1999- 5agq 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, l appear for the Plaintiff and confess judgment in favor of Plaintiff and against the Defendant, Paul Mattus Agency, Inc., as follows: Principal Amount due to date: $ 9,994.98 Interest Accrued and unpaid through May 14, 1999 $ 268.75 Late Charges $ 8.31 Attorney's Fee's Pursuant to the terms of the Note $ 1,027.20 TOTAL $ 11,299.24 with interest from May 14, 1999, on the principal sum of $11,299.24 at the rate of 10.00 % per annum. Respectfully submitted, Duncan & Hartman, P, Dated:-d - ,?7 Willi A. Duncan, F PA 1 no 22080 Attorney for Plaintiff KEYSTONE FINANCIAL BANK N.A. IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VS. CIVIL ACTION LAW PAUL MATTUS AGENCY, INC. Defendant CIVIL TERM 1999- 5a$q 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 Paul Mattus Agency, Inc., with a last known address of 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055. 3. On or about September 30, 1998, Defendant Paul Mattus Agency, Inc., entered into a Promissory Note in favor of Plaintiff, Keystone Financial Bank, N.A., in the original principal amount of Ten Thousand and 00/100 ($10,000.00) 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 Paul Mattus Agency, Inc., has defaulted in this obligation under the Note by failing to make his June 1999, July 1999 and August 1999 payment of interest due thereunder. 5. Pursuant to the Note, judgment may be entered against Defendant Paul Mattus Agency, Inc., for all monies due without notice or demand. 6. Pursuant to the Note, and by reason of Defendant Paul Mattus Agency, Inc., default, the following amounts are currently due and owing Plaintiff Keystone Financial Bank, N.A., by Paul Mattus Agency, Inc., Defendant. Principal Amount due to date: $ 9,994.98 Interest Accrued and unpaid through May 14, 1999 $ 268.75 Late Charges $ 8,31 Attorney's Fee's Pursuant to the terms of the Note $ 1,027.20 TOTAL $ 11,299.24 Interest accrues at a rate of $2.77 for each day after May 14, 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, $11,299.24 is currently due and owing Plaintiff Keystone Financial Bank, N. A. from Defendant Paul Mattus Agency, Inc., and Defendant Paul Mattus Agency, 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 Paul Mattus Agency, Inc., in the sum of $11,299.24 and all costs of suit. h Duncan & Hartman, P.C. j DATED: J a?Y ?l By. VKVillia-m. uncan, squire 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. Z?Z /Z?? ck utchison 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 V (Hutchison Asst. Vice President Financial Trust Company 241-0060 FINANCIAL TRUST 662 P02 AUG 10 199 13:52 PROMISSORY NOTE PrlrfW l Amount ¢10,000A0 InM)p) Rate: 10.80096 ate of Nob: September 30, 1998 H A O M of AaNded. an dee.ma the pI wont of alb R Thousad A aadm Do a C (Sia,0o0 Otq a?munptas now of UnM OMm may oum""B, lapevw leilh Iltwmat an ate unpMe oubtanding principal balance at each advance. Inbred rtes be calculated ham the dab of cads admea s snags repaynort of each adverse. PAYMENT. Sonowto well pay tea Ion Immediately upon Lender's domold. In skinned, Borrower wan pay reputer monthly paymsms of all acenNk 4A1pW Inbfda( due ss of eece psymanl tlate, bepbhnlnp t0cober u, fade, erth an InNred payments to be due on the WIN dy of each nbnlp altar that. The annual interest rate for this Nola is computed on a 366W heals: that is, by applying #0 moo of the maw interest rate avr a W of 86(1 days, mullpffed by the outstanding principal balance, mwlpaed by the actual number of days ale prime ( baisnae is oublerwU ng. Borrower we pay hander at Landers address shown above or at such other plats as Lander may designate in writing. Unless otherwise agreed or regaled by applicable law, payments will be applied bsi to accred unpaid interest, than to principal, and any remaining amount to any unpaid eolisdan costs and Ida charges. VARIABLE WrWWST RATE. The informal role on INS Note t subject to change from time to time based an changes Inn Index which a Lander's Prime Rate (t s Index"). Tits Is the rate Lander charges, or would charge, on 90-day unsecu id loans to the mac orsonwomhy corporate customers. This rate may or nay most be the lowest rate available from Lender at arty given lima. Lander we fail Borrower the current Index raw upon BamOwar's request. Borrower understands that Lander may make loans based on other raW as was The inlrOst new chop win not occur more omen than each DAY. The bldae currently in 1250x, per ermrn. The h1NraU ram to be spelled to me unpala principal basrxa cable Note win be at ¦ rate of 240 percentage pohhb over the Index, mwAng In an WIN law of 1050011 per annam. NCTiCE: Under no circumstances we the Irnerabt rate an this NOW be mare man the maximum rate allowed by applceble taw. PREPAYMENT, Borrower may pay without penalty all or a portion of the amount owed geNer than it is due. Early payments will not, unless agreed to by Lander In wnhr4l, relieve Borrower of Borrower's obligation to con inuo b maka payments at accrued unpaid interest. Rath, they will reduce the pdnelpal balance due. ' . LATE CHARGE. It a regularly scheduled Inwrast payment Is 16 days or men lab, Borrower will be charged s.ADVIS of tw 01119" scheduled psymenL If Lander demands payment of this loan, and Borrower does not pay the Ian taftltn 16 depna afwr Lender's dannrld, Ill ON- awe will benI - ' IAOa%of tme sum r tw uepao prlndpai plus eerued unpO Interest, DEFAULT. 8prrewr vide be in dafault it any of the following happen (a) Borrower falls to make any payment when due. (b) Bonoarar breaks any promise BamOYrar has made to Lander, or Borrower We to comply With or to perform when due any other tam, obligation, COYerwm, or condition carded In the Note ar arty agreement reated to this Note, or In any other agreement or loan Borrowar has with Lender. (c) Any representation or slWmerd made or furnished to Lander by Borrower or on Samowees behalf Is false or mlslogdInp In any material msp-1 onw now or at rifle time made or auatlved. (d) Borrower becomes inscivant. a re0elvar Is appointed far tiny part of Borrowers property, Borrower makes an assignment for the benrtt Of ondnors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or Insolvency laws. (a) Arty creditor Mee to fake any of Banvwor% property on or in which Lander has a Ilen or security Interest. This Includes a garnlahmont of any of Borrowers accounts with Lander. (0 Any guarantor dies or Any of pis other events described In this default section o=m with respect to any guarantor at this Note. (g) A material adverse change occurs In Bartaww% financial corASW. or Lends believes the prospect p WYmam r perrarrrancs still- Indebtedness t Impaired. (h) Lander In goad faith deans itself insecure. LENDER'S RIOMS. Upon dahult, Lander may, Alter g" such noses AS raqured by applicable law, doctors the entire unpaid principal balance on this Nob and in accrued unpald Internet immadafaly des, and than Borrower we pay that amount. Lander may hire or pay 70060119 etee to help coteei age No% h Borower does met pay. Banower also will pay Lander that amount. This includes, subject to any limits under applicable law. Lender's atorneys' loos and Lender: logal asperses whether or not there is a twsclt, irdudlg atorrNya' teas and Nga a *rAm for bankruptcy pracaadbga (irwiudimg adhlrt w mndity r vacsb arty automatic sty or injunction), appends, and any anticipated pocHudot collection sewage. If Rol prdfatbd by appficsbis tees, Benovher arise will pay any tout web, In addition to d amrr sums provided by jaw, t Judgment Is entered in connection wnA tits Now, Interest wsl w mnh19 to accrue on this Not after judgment at the Were* rate applicable to gft: Not at Me time judoment ls entered. This Nob has ban delivered to under lied accepted by Lender in On Commonwealth of Psndsylvada, If them b s Iawaut, Borrow egrets upon L mws cornered to eubmn to the jutadlbton of ft courtsed Cumberland County, the Commonwealth of Femosphr res. This Ross Wsdl he aowrned by and eadrwd In s ewrdrnca wtm me lean of rime Commonwealth of Pa+naylvema. RIOM OF BEMW. Borrower grant to Lander a contractual security Interest In, and hereby assigns. conveys, d*ArS, pledges. and bansfan to Lander all Borrowers right title and interest In and to, Borrowers account with Lander (whether checking, savings, or some other a mou d), Including without hnihelan all accounts hold jointly with semen We and all accounts eomaww may open in Use sduro, excluding however air IRA and Keogh soccunt, and at oust aowurto for which the grant of a Socially mated would W prohibited by law. Borrower authorizes Landr. to the extent prrdmed by applicable few, to charge r wtah oil sumo owing an film Nola spares any and all such accounts. LINE OF CREDIT. This Note evidences a revolving taro at credo. Advances under this Not may be requested either an ly or in w0np by Borrower or by an auffiadud person. Lander may, but 66110 not, regprs tfel all oat requests be confirmed In writing. AN communltelore, Instructions, or deeetlaa by falaphoce or otherwise to Lender an to be dracttl to Landr's critics shown above. The following party or parties lie 9001md to request advances under The Ina of rods until Lander receive from Borrower d Lenders address shown above when naive of mvaeabon of Braes aulhaay: Paul Moths, Prssldent. Borrower agrees to be liable for as sums either. (a) advanced In accordance with the bray Ons Of an sutnnNd person or (b) credited to any of Borrowers accounts wtn Lander. The unpaid principal balance owing an Oft Now at any tlm a may be evidenced by andrsemertb on this Nato of by L.endr's informal records. Including dairy computer prim-ouh. Lander will haw no obligation to advance funds under this NOW It (a) Brrowsr or arty guarantor in in default under the terms or INS Nob or any agreement that Borrower or any guarantor Pan with Larder. Including any agreement made in connection with the sgrong of this Not; (b) Borrower or arty guarantor csaaes doing business or Is Ir schror . (o) any guarantor seeks, dot= of anhorwlse &%MPls to limit, modify or revoke such gneramices guarantee of this Note or am/ other loan with Lander, (d) Borrow has applied funds PnY*Wd pursuant to this Now for purpose other men these autadand by Lender; or (a) Lander In good faith doene had Irma" udder this Nat or ary other agreement between Lander anti Brrowr. LINE OF CREDIT ASSEBSMEW. The Bank. In Its discretion, may charge the Undersigned an annual line of credit assessment. The amount of there BQnOwer. PWI lh, Ire. Lender Financial TrillistftCompany =1611 , Crap HB, PA TAa1 no$ Td"tft Road C mpMP,PA 17011 241-0060 FINANCIAL TRUST 662 P03 AUG 10 '99 13:53 py199e PROMISSORY NOTE asps s (Cofltlnueo anew trig of aradlt aeeeoemale le $100A0 and le W1011101 W Chenpe. 01E ERAL FRMSIONL This NOW is payaaw on depend. The Indralon of spadllc daauD pr"Ota a dghta or Lender shalt not predu(1e Lentllr5 Ogle to tk9olare payment of on Noe. an Ile tlamana. Lander ray delay or TOW enfomno any of ft rq'hp or rarradia under thIS NOW without laing IltenL SWUM and any alhW 0arean who sips, guuanim er endorses Ira Nob, to the mftt atewaa EY law, wale presonarant, damand Mr pwmeM. I 1 ela natla a d4halor. Upon any CIIarip in the tame of ats Nee, and uam otnnwlw 11VM* stated In mysim, no party who n Itk Noe WteOher u aker, gur11raan accommddskon nuke IX endorse , shat W re111115ed horn IlabMly. AI auch P11rtee agree that Under mty rorew or ementl (IepeatadN and to any iasgth of dale) Ads Ian. or rNease any party a AlarsMOr or coMterd; ar impav,lW to reedes upon ar patMle Lentlele wcurtY Irltaep In The cdlabral; end take 11m oiler eoaon tleenad neOBlaery AY Landr wlthaut the oonserd q a notloe m empne. 6ISC11 paAr ako igfM Ittat Lender Inay mdltly Alts Ian wkhaul Ihs coreant d or halls m enyMa OtlW ttan the DaN with whom Aa modtiwtion 4 Al K Glade. N any pption d thY Note b fa any rattan daMrmlrlW a to unentacwaa, A will ncl ttrted the enlorceehgty d arty other prmmione a1 the Note. CONFESSION Or JUDGMENT. BORROWER HERESY IRREVOCABLY AUTHOR129S 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. APO WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST ENTIRE AND LATE CHARGES PRINCIPAL ANY AND EVENDO EOAOR ADVANCED BY LLENOER RENTING TOTANYNCOLLATERAL SECURING THIS . NOTE TOGETi R WITH INTEREST ONOSUCH aun erne Tr Wrm WITH COSTS OF SUIT. AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL -- OR JUDGMENTS ONE OR MORE EXECUTIONS MAY 70 SHALL NOT EXTEND TO )£R T EFIEOF SHALL BE PERMITTED TO EXECUTE. LEVY OR PROULW I THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 MI TO 2AB0 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. OR Si ON OF LIEN OR ANY EXE WITH RESPECT YO ANY TO TO PRIOR To INfE UT RA GMI MOVISMS. BORROWER AGREES TO THE TEAMS OF THE NOTE AND ACKNOWLEDGES RECOPY OF A COMPLETED COPY OF THE NOTE. THIS N=HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORRIO: Rt Paul mom A , Inc. Vetree RO& Line er Om Z LACER PRO.Rrp V.&Pil{T.M.OIM1.VMJ.]GKIIYG CiIPreOervCle,Ino, All rlppUrMpw6y.A-D90 Pe0L.LN Cl0.0 LI KEYSTONE FINANCIAL BANK, N. A. Plaintiff VS. IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW PAUL MATTUS AGENCY, INC., Defendant CIVIL TERM 1999- 5x89 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, Keysone Financial Bank, N. A. and enter judgment for Plaintiff and against Defendant, Paul Mattus Agency, Inc., for damages. DATED: 9- ;2y'P/QI Duncan & Hartman, P.C. By: Wiliam 2AD an, Esquire Attorney for Plaintiff :. c,: M CK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: KEYSTONE FINANCIAL BANK, NA., now by merger M S T BANK ( ) Confessed Judgment ( Other File No. 99-5289 Vs. PAUL 1MTTUS AGENCY, INC. Amount Due 311.299.24 Interest due from 8-30-99 @a rate of 2.77 per day Ally's Comm 5 z Costs to be added TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) ANY AND ALL PERSONAL PROPERTY LOCATED AT 3810 MARKET STREET, CAMP HILL, PA 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the garnishee(s) as a [is pendens against real estate of the defendant(s) described in the attached exhibit. Date / _,?2 g• a/ Signature: Print Name: Address: Attorney for: Telephone: Suprorne Court ID No.: illiam A. Duncan 1 Irvine Row M b T Bank 717-249-7780 (over) <47??a-! o C'I •lune yl1M edpowd elmedes elg yuee xepul of 7s1l;o seldoo inol Alddns 'lsll flleuosied ALouel 11 '(6Zle'oN i9'o'aed) dl4sieuxo;o llnepgle 10 Adoo pue leul6uo ue pug sluewenadwl 6ulpnlaul uollduosep;o seldoo xls /iddns '/4jedad lees 11 3MON KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. PAUL MATTUS AGENCY, INC. Defendant IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 1999-5289 Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO: Paul Mattus Agency, Inc. Defendant A judgment in the amount of $ 11,299.24 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served to you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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 Dated: /-;;?qX/ dot--%, Iiam A. D , Esquire Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 717-249-7780 (? c`r O Crl CIQ O ? L) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 99-5289 CIVIL 1& Term CIVIL ACTION • LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KEYSTONE FINANCIAL BANK NA now by mercer M & T AN PLAINTIFF(S) from PAUL MATI'US AGENCY, INC. 3810 Market Street Camp Hill PA 17011 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT 3810 MARKET STREET, CAMP HILL, PA 17011 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above stated. Amount Due $11,299.24 L.L. .50t Interest Due Prothy_ Atty's Comm 58 % Other Costs Atty Paid 32.00 Plaintiff Date: January 29, 2001 Curtis R. Long Civil REQUESTING PARTY: Name William A. Duncan Address: 1 Irvine Row Carlisle, PA 17013 Attorney for: _M & T BANK Telephone: 717-249-7780 by: Supreme Court ID No. 22080 91 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing 18.00 Poundage 1.36 Advertising Law Library .50 Prothonotary 1.00 Mileage 8.68 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee Advance Costs: 150.00 Sheriffs Cost 46- Refunded to Attyon 7/15/02 Sworn and Subscribed to before me this Jdayof 2002 A.D. Q,,,, }y:is ,nP?? pro-P'iofiotary Soo Answers; `o tr A??- Lo R. Thomas Kline, Sheriff OZ YIh'rr,?! I!";?d 10.RV so $ OENnf A1NN ) , ir100 Jdta3HS 3H1 i,) -:Hello ?v t' Ut 2.., .A 7Ya ?:t yoc y