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HomeMy WebLinkAbout99-07063 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. LOOBEY Plaintiff V. COOPER & HOLLAND, INC. Defendant NO. Rq - -706k3 CONFESSION OF JUDGMENT To the Prothonotary: Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against defendant as follows: Principal Interest Attorney fees $26,199.28 235.57 1.309.96 Total 51549 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. LOOBEY, Plaintiff V. NO.: COOPER & HOLLAND, INC., Defendant COMPLAINT FOR CONFESSION OF TUDGMENT PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2952 1. Plaintiff is John E. Loobey, an adult individual with an address of 186 Peoples Road, Bristol, Tennessee 36620. 2. Upon information and belief, Defendant, Cooper & Holland, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a mailing address of c/o Sgt. Yorks, 402 Market Street, Lemoyne, Pennsylvania 17043. 3. A true and correct reproduction of the original INSTALLMENT JUDGMENT NOTE, dated March 21,1996 (the "instrument"), is attached hereto as Exhibit "A". 4. The instrument was executed in conjunction with the purchase by Defendant, Cooper & Holland, Inc., of the assets of a sole proprietorship formerly operated by Plaintiff, John E. Loobey, under the tradename or designation Sgt. Yorks Friendly War Games pursuant to a certain SALES AGREEMENT, dated April 1, 1996, attached hereto as Exhibit "B". 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. The instrument has not been assigned. Judgment has not been entered on the instrument in any jurisdiction. 515Jfi 8. The balance of the obligation under the instrument, attached as Exhibit "A", was accelerated due to the failure of Defendant to make the required monthly payments on the said Installment Judgment Note for August 30, 1999, and September 30, 1999, after notice of default and the expiration of a fifteen (15) day cure period. A copy of the DEFAULT NOTICE is attached hereto as Exhibit "C". 9. Plaintiff makes demand for judgment in the total sum of $27,744.81. In accordance with the warrant of attorney as follows: Principal Sum $26,199.28 Interest 235.57 Attorney's Fee (5%) 1,309.96 TOTAL DUE $27,744.81 Dated: i5r 9` Respectfully submitted, LATSHA DAVIS & YOHE, P. C. By: Attorney for the Plaintiff, John E. Loobey. M. Crist, Esq. I I.D. No. 29936 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 51536 INSTALLMENT JUDGMENT NOTE Principal Amount: $ THIS AGREEMENT, made this )I•t day of rA A-R( 11 , 1996, between JOHN LOOBEY (hereinafter called "Holder") and COOPER AND HOLLAND, INC. of Lemoyne, Pennsylvania (hereinafter called "Debtor"). WITNESSETH: WHEREAS, the Debtor owes certain sums to Holder and client has requested that these sums be paid in installments with interest as set forth below. WITH THE INTENT TO BE LEGALLY BOUND, the parties agree as follows: FOR VALUE RECEIVED, the Debtor hereby promises to pay to the order of Holder the principal sum of -f' •\ .. -.-: and J)/100 ($ ?/(?.:?.?•? ) DOLLARS plus in Brest as follows: Commencing the 30th day of April, 1996, and on the last day of each and every month thereafter for a total period of 'S',..^-Af, ( 1?0 ) consecutive months, Debtor shall pay to Bolder the monthly sum of six hundred fifty dollars and zero/100.($650.00) and a final payment of balance and zero/100 ($ Balance), which includes interest at the rate of 5.97 (5.97%) percent per annum. 1. All payments are to be made to the Holder at 55 Medowbrook Court, New Cumberland, or such other place as the undersigned may be directed by the Holder. 2. At the option of the Holder, this Note, and all liabilities of the undersigned to the Holder, shall become immediately due and payable with notice of default to the Debtor and a fifteen day cure period upon the occurrence of any of the following events of default: Failure to make any payment and/or installment under the Note on any due date; in the event of the dissolution of the Debtor; or upon the filing by or against the Debtor of any petition or application in bankruptcy or state court receivership, whether voluntary or involuntary; or in the event of any type insolvency proceedings by or against the Debtor; or the failure of the Debtor to comply with any of the terms and promises as contained in this Note. 3. No delay or omission on the part of the Holder in exercising any right hereunder shall operate as a waiver of such right or of any other right under this Note. A waiver. „ , - )(Hj6I I /? d n any one occasion shall not be construed as a bar to or waiver of any right and/or remedy on any future occasion. All remedies conferred upon the Holder by this Note, by any other instrument or agreement, or by law, shall be cumulative, and none is exclusive, and such remedies may be exercised concurrently or consecutively at the option of the Holder. 4. The Debtor expressly waives presentment, protest, demand, notice of dishonor or default, and notice of any kind with respect to the Note or any of the obligations under this Note. No renewal or extension of this Note, no release or surrender of any collateral or other security for this Note, no release of any person liable on this Note, no delay in the enforcement of payment of this Note, and no delay or omission in exercising any right or power under this Note shall affect the liability of the Debtor. 5. The Debtor does hereby empower any attorney or any court or record within the United States or elsewhere, to appear for the Debtor and with or without declaration filed, and with notice of default by the Debtor and failure of the Debtor to cure such default, as set forth above, confess judgment against the Debtor, and in favor of said Holder, their executors, administrators, successors or assigns, as of any term for the above sum, with costs of suit and attorneys commissions of five (5%) percent for collection and release of all errors, and without stay of execution and inquisition and extension upon any levy is hereby waived, and condemnation agreed to and the exemption of all properly from levy and sale on any execution hereon, is also hereby expressly waived, and no benefit of exemption be claimed under and by virtue of any exemption law now in force of which may hereafter be passed. A photocopy of this Note may be used for filing purposes or in an action to enforce payment hereof. 6. The Debtor expressly agrees to be legally bound hereby and expressly intends this document to be a sealed instrument. 7. If any term or provision of the Note or the application hereof to any party, person or circumstance, shall to any extent be invalid or unenforceable, the remainder of the Note, or the application of such term or provision to the party, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Note shall be valid and be enforced to the fullest extend permitted by law. 8. This obligation shall be binding upon the Debtor, their heirs, executors, administrators, successors and assigns; the Note shall inure to the benefit of the Holder, its successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Note of the day, month and year above mentioned. WITNE ATTEST: Secretary NOTARIAL SEAL RONALD E. YODER. Naury Public FermanachTwp.,JmiiauCOMYry PA NY CCmmI5Si0n Expires Apol 13, 1998 (holder) (SEAL) Edward 9. Dudley Sales Agreement April 1, 1996 John Loobey, further defined as the seller, agrees to transfer the ownership of the business of Sgt. York's Friendly War Games, further defined as the business, to Cooper and Holland, Inc further defined as the buyer, on April I, 1996. The sales price of the business is 5;"60,000.00. The seller agrees to finance the amount of the note less a down payment of $20,000.00 by the buyer. The amount of this note is $ ,000.00. ow. 00 J fie Store Location: 900 Market Street Leymone, PA 17043 Field Location: Shoop Road Halifax, PA The seller assumes liability for all activities related to the business and sole proprietorship known as Sgt. York's Friendly War Games that may have or did occurred prior to April 1, 1996. This is inclusive of but not limited to injury claims, product liability claims, sales taxes, state taxes, local taxes, federal income taxes and damage claims for activities prior to April 1, 1996. The assets of business are defined as the following: The ownership of the name of Sgt. York's Friendly War Games 100 Sets of field PaintBall equipment (guns, loaders, tanks and goggles) Inventory valued at $ 0,000A{.00 Cash of $5,000.00 ytO V C? C02 Tanks (1 - 75lbs, 4 - 50lbs and I - 301b All store display fixtures Hand Truck Cash Register 2 Scuba Tanks 1 High Pressure Nitrogen Fill Station I Low Pressure Nitrogen Fill Station 1 Lawn Mower and Snow Blower 1 Generator Misc. Business Equipment that resides at the store and field locations on April 1, 1996. fxNif,?I 1 ri - i In installments as herein stated, for the business its assets and name, the payee promises to pay to John Loobey at 55 Medowbrook Court, New Cumperland, PA the sum of S0,000.2S principal payable in installments of $ 650.00 on the 30th day of April and .I.- ohlinuing until the unpaid balance of principal and interest shale be paid in full. s The seller assumes responsibility for all accounts payable items and expenses incurred by the business prior to April 1, 1996. Should the seller not assume this responsibility the buyer reserves the right to deduct these payable amounts and expenses from payments to the seller. The seller agrees to transfer all pre-payments to the buyer received by the business for but not limited to pre-payments for tournaments received prior to April 1, 1996. If this note is not paid when due, the undersigned promises to pay in addition all cost of collections and reasonable attorneys fees incurred by the seller hereof on account of such collection, whether or not suit is filed hereon. Privilege is reserved by the payee to pay the within note in full at any time by paying principal and accrued interest with no prepayment penalty. Should the buyer default on the note the seller is entitled to the balance of the note at the time of the default from the assets of the buyer, defined as Cooper and Holland, Inc. in addition to the transfer of ownership of the business and it's assets to the seller. On the happening to or by any maker of any of the following events, this note and all other obligations, direct or contingent, of any such maker or endorser hereof to buyer shall become due and payable immediately, without demand or notice; Making of any misrepresentation to the seller for the purpose of obtaining credit or extension of credit; any assignment for the benefit of creditors; voluntary or involuntary application for, or appointment of, a receiver; filing a voluntary or involuntary petition under any of the previsions of the federal bankruptcy laws: death: or, if at any time at the sole desecration of the seller, the buyers financial responsibility shale become impaired or unsatisfactory to the seller. Each maker consents to renewals, replacements, and. extensions for payments hereof before, at, or after maturity, consents to the acceptance of security, if any, from this note, and waives demand and protests. All payments thereunder shall be made in the lawful money of the United States. Executed this 1 st day of April, 1996 at Lemoyne, PA. Thomas E. Cooper President Charles Eric Holland Executive Vice. President Agreed to the 1 st day of Apfr'I; 1996 at Leymoyne, PA. By John Loobey µJyW._ ? _. .? ;? I:nuhr L. Lmeha LATSHA DAVIS °tlpgla•(..,nhe clean r.. 110,•3. C P & YOHE Kmn M. t,lci:cnIm Jnn.itl,.u, M. Grist . . , Faber, E. ShvL n ATTORNEYS AT LAW E,i,,:,rd G. chcm n.n•il C. 1larshall P EASE REPLY TO. WRITER'S E. MAIL: Egan S. 0110},1}1 Harrisburg Steccn M. Montresn:' jcristeldylaw.com Christine L. Sullmc Cooper and Holland, Inc. c/o Sgt. York's Attention: Eric Holland 402 lAarket Street L,emovne, Pa 17043 October 7,1999 Fe: Installment Judgment Note With John Loobey Current Balance Due: $26,199.25 Our File No. 515-99 Dear W. Holland: Asa aimereJ • NJ "MI \1D NJ. D:: The above-referenced obligation has been referred to our office for timely collection. According to our client, John Loobey, Cooper and Holland, Inc., is in serious default for failure to make the August 30,1999, and September 10, 1909, payments in the amount of S650.00 each. Please be advised that if payment in full is not received by our office within fifteen (15) days of the date of this letter, our client has instructed us, pursuant to the terms of the installment Judgmeat Note, to declare the balance of the obligation of S26,199.26 in default and to enter judgment for that amount. If the balance of the obligation is accelerated as aforesaid, we have also been instructed to confess judgment against both Charles E. Holland and Edward E. Dudley for 50 percent of the obligation pursuant to their Guaranty and Suretyship Agreements. Post Ofire Bas 525 • Hmris! u:g. PA IT 1.'5•:5'_3 47200il Getn•sburg Foal.Suite ICI • klechantcsburr, PA I7053 • lilil 361.1550 • Fiii;) 361•"56 i G:en \:,IL••c Paa:uaN. Smte 2'_1 • \1ah•cm• PA 19355 • 161013ii•695i • FAX ICiC, ".N.9265 3A': Atrium % at. Smle 251 • Mt, Luurcl• NJ 0505; • (6:9) '-31.5:51 • FAX (6:?' -i?•C9I3 manbnl Tclephnne: (;hl 727.2S10 IAI(3?-T II C .?? M -- ?t.nwmms?il?al Cooper and Holland, Inc. August 25, 1999 Page 2 We would be more than happy to discuss this matter with you or your legal representative at amv time. Ven• trult- yours, ;-1 V than M. Crist J.MC:jah cc: Charles E. Holland Edgard E. Dudley John Loobey THIS LETTER IS FOR COLLECTION OF A DEBT AND ALL INFORMATION OBTAINED WILL BE USED THAT PURPOSE. 497,38.1 ?--= ------------------------- ------------- -------------- ----------' 1953.11-02 17+27 it937 P.03: 16 FROM +LFITSHF DAVIS B YOHE.P.C. (717) 761-2296 IN THE COURT OF CONLVION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. 1,00II01' Plaintiff NO. V. cooPL-K & HOLLAND, INC. Defendant. VEROJC&IJON The above COMPLAINT is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the COMPLAINT is that of counsel and not of me. I have read the COMTLAINT and to the extent that the COMPLAINT is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the COMPLAINT is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid COMPLAINT are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date:._ 11 =A -q? ..- sls-+, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. LOOBEY Plaintiff : NO. C(C( - V. COOPER & HOLLAND, INC. Defendant @w? RULE 236 NOTICE OF ENTRY OF ORDER DECREE OF JUDGMENT TO: Cooper & Holland, Inc. Cooper & Holland, Inc. c/o Sgt. Yorks c/o Sgt. Yorks Attention: Eric Holland Attention: Eric Holland 402 Market Street 13 East High Street Lemoyne, PA 17043 Carlisle, PA 17013 AND NOW THIS day of 1999, pursuant to Pa.R.C.P. 236 of the Supreme Court of Pennsylvania you are hereby notified that Judgment by Confession in the amount of $27,744.81 has been entered in favor of the Plaintiff, John E. Loobey, and against the Defendant, Cooper & Holland, Inc. The following parties are entitled to receive notice under Pa. R.C.P. 236(a)(2). Cooper & Holland, Inc c/o Sgt. Yorks Attention: Eric Holland 402 Market Street Lemoyne, PA 17043 Cooper & Holland, Inc. c/o Sgt. Yorks Attention: Eric Holland 13 East High Street Carlisle, PA 17013 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY: JONATHAN M. CRIST, ESQUIRE at this telephone number: (717) 761-1880. 0" Prothonotary 51560 } H "ti L.. l L r; u Lei i- 0 0 N .d O T N ? y AIR 0 ? (J C3 :;' a, m V \ V V W