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HomeMy WebLinkAbout99-07123 l t <4_ KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. : IN THE COURT OF COMMON : PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW SHOWCASE CUSTOM BUILDERS, INC., Defendant : CIVIL TERM 1999- 74a3 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, Showcase Custom Builders Inc., as follows: Principal $ 23,705.93 Interest to 11-15-99 $ 584.26 Late Charges $ 19.58 Attorney's Fees $ 2,430.98 TOTAL $ 26,740.75 with interest from November 15, 1999, on the principal sum of $26,740.75, at the rate of 9.75 % per annum. Respectfully submitted, Dated: I ( aa-9 4 Duncan & Hartman, P.C. By: /Wv Al Willa . Du an, Esquire PA HI # 22080 KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. SHOWCASE CUSTOM BUILDERS, INC., Defendant : IN THE COURT OF COMMON : PLEAS COUNTY OF CUMBERLAND : COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM 1999- 7/.2-3 &1z, 7Lw- 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 Showcase Custom Builders, Inc., with a last known address of 219 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about December 16, 1998, Defendant Showcase Custom Builders, Inc., entered into a Promissory Note in favor of Plaintiff, Keystone Financial Bank, N.A., in the original principal amount of Twenty-five Thousand and 00/100 ($25,000.00) 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 Showcase Custom Builders, Inc., has defaulted in this obligation under the Note by failing to make their September 1999, October 1999 and November 1999, payment of interest due thereunder. 5. Pursuant to the Note, judgment may be entered against Defendant Showcase Custom Builders, Inc., for all monies due without notice or demand. 6. Pursuant to the Note, and by reason of Defendant Showcase Custom Builders, Inc., default, the following amounts are currently due and owing Plaintiff Keystone Financial Bank, N.A., by Showcase Custom Builders, Inc., Defendant. Principal Amount due to date: $ 23,705.93 Interest Accrued and unpaid through November 15, 1999 $ 584.26 Late Charges $ 19.58 Attorney's Fee's Pursuant to the terms of the Note $ 2,430.98 TOTAL $ 26,740.75 Interest accrues at a rate of $6.42 for each day after November 15, 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, $26,740.75 is currently due and owing Plaintiff Keystone Financial Bank, N. A. from Defendant Showcase Custom Builders, Inc., and Defendant Showcase Custom Builders, 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 Showcase Custom Builders, Inc., in the sum of $26,740.75 and all costs of suit. Du DATED: I (?-.7_ `9 5 By, VERIFICATION 1, Jack V. Hutchison, hereby verify that I am a Sr. Vice President of Keystone Financial Bank, N.A., 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 unsworn falsification to authorities. Jack V. Hutchison Sr. Vice President Keystone Financial Bank, N.A. Ll1Vnw CERTIFICATION OF COMMERCIAL TRANSACTION 1, Jack V. Hutchison, hereby verify that I am a Sr. Vice President of Keystone Financial Bank, N.A., and, as such, duly authorized representative of Keystone Financial Bank, N.A., 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. Jack V. Hutchison Sr. Vice President Keystone Financial Bank, N.A. 241-0060 FINANCIAL TRUST 838 P02 NOV 10 199 12:10 Prindpn) Amount: $25.600.00 Interest Rate: 9.76076 Date of Note: December 16, 1098 StKwr*m Touto Borro Com PMarll of the Wddbd st msdca, anldemrM,1M PrInCt Ptl amo off TwsnN Five ThTtntmrM d oonao D?olle(rs (136,oad,ad)? Of 80 much I1WfUI may be outstanding, bobether with Interest at the rate of 9.750% per annum on file unpaid outstanding princWol balance of Cam advance. brief" shelf be calculated it= the data of each advanae until repayment of each Adytnce. PAY6AE1(1'. Borrower will pay title loan Immedloely upon lender's demand, In Addition, Borrower will pay regular O toP tints of an aceoed unpW Interot due as of each Payalenl dab, b4miing Japuwy Its, low, with an allbaequerd Interest payments on the pnh I dry of each month Mar tires. The annual Interest rate for teas Nate is computed on a 3e5r9B0 base: that is, by applying the Into of the annual Interval rate over a year of 360 days. muttlplad by rho outstanding pdncipai balance, murdpeed by the ached number of days the principal balanca is Lander ato in writin outstanding. Boower will applicable lender at leedsssaddress pWd "t tomaorecru d uch other unpaid Infest, than to P? ipal• and Any romawng amount ro any agrood gnarad or r agWmd by appikabb law, PeYo' rd unpaid o46ffitlon cosh and isle charges' - monk wan not, unto agresd to make ayments of Accruedu npad Inert. Radar, they will reduce the PREPAYMENT. Borrower my Paw without r's ?.gdonn to contnil0 to mount by Lando in writing, rdlave Borrower of Barower ,.. . principal balance duo. Will be charoDd SAW% of the regularly Scheduled upgtnleM. It Lender demaa d6 paymod tof loan, and aBlorrower doe riot pay ft loan BitMar 6 days seise Lerder'9 dtmab, Borrower also wtll be Mrged 6.000% of the sum of she unpaid principal plus accrued unpaid Interest. . OEFALLT. Borrower will be In dabulf A any of the following happens: (a) Borrower tails to make any payment when doa. (b) Borrower brooks any promise Barrows has made to Lender, or Borrower falls to comply with or to perform when die any other term, obllgaWn, covenant, or condition contained in this Note or any agreement related to this Note, or In any Met agreement or loan Borrower has with Lander. (o) Arty representation or afther a tunas d made or WMW*d to Lander by Borrower or on Borrower's ba of a s parry, mmateria earl nespect makes an asw or at tthe lithe made or fumishod. (d) Borrower becomes insdvont. a mcdW Is apPPied for any part y bankruptcy faws. benefit of aedltolas or any proceeding Is nom d or inWNch Lander, his a lien or seat udBorrower under tyy interest. This nincludes a Oambhm tit teary of Bart war's account wWas ith to tone t. of orrowe property to arty uarantor of this of e pe ran (f) Arty guuaffW albs or any of be other events described occurs with respect! payment or performance of the Naccounts Note. . (wi (g) A material adver change ge occurs In Borrower's financial financial candigonon. or Or Lander believes es M !fa prospect of ot payment Indablodnass is Impaired. (h) Lends In good faith dooms itself Insecure, •' LENDERS RIGHTS. Upon delaull, Lander may, after giving seen notices as required by applicable law, declare the entire unpaid principal balance on him Co Note and s a named Borm unpaid bdacst Immediately duo, (Ind pay Lender thatvnamount. that This in ludesrs bleect fo arryorI? under app?b law, this cosset airs Not a 9 t Borrower does not lpay. egal attempts- teas and legal expenses for bankruptcy Lender's alfomeYu' (des and Lemd? legal "10 any ny whether "Made Stay not / ln)ura there c io bwsud, appeals, including and including any y anticipated PmHudOment collection services. If also a will pay y ma ariY court eo sts,!in addi6on.l .t ddit all m provided not also o 8 a0 other sums pfOVld0d by law. If Judgment Is entered in law, ma Borrower ts or w"10 not Prohibited (Ind by applicable e to connection wNr this Note, Interest a d continue to accruto on this Note after Judgment it the arnis. interest rate If tthere to a lawsuit, Borroowerra has agrees upon bmit to ad atcepted eeptsd W Lender In the ComorWealM of PMns)th tam Gear delivere ed to Lender Lmeer'a roquNat to submit to the junotlk?m Id> ??a hsTCaCumbeirlant! aaanwaallh vtPenn?aylvCammom?ea7th of Pennsylvania. This Note shell be governed by and eodshued W accordance transfers 10 RIGHT OF SETOFF. Harrower giants to Lander a contactuel weeny interest in, end hereby assigns, convoys, delivers, ptodoas, and transfers Lander all 0onowor's right, ft and Interest i and to. e'oorrLSa ands ?anW h with Lander (whethe oPr c i mho sture savings. or some otherr all IFUntandKaopl without limitation Rust S accourds told jointly with somon aaounts, and end of brat accounls let which the grant of a security invest would be proN Had by taw. Borrower aNhedms Lender, to the exmnt permitted by Wilcebte law. to charge or soloff all sums owing on this Nato agalret any and all such accounts. LANE OF 0511510 T. This Nate ovldonces a revolving Eno of eradrl"Advaricas under this Note may be repLmsted orally by Banower or by an authodrad parson. N and requests stall be conArmed in writing on the day of the request N communicaaao a imt?aons?ardirectionsb uk6op Ihan otherwise m Lander are to be directed to LenrWs office shown above. The following party or pubes re Lie at credit unit Lender receives from Borrower at lander's'oddross'shown,above written notice of revocation of lair auftri . Glenn E. Brunt, President; ow William S. Bolnrcrt, Vice Prnldanl';?Baroylor'agrees b,be liable for all sums either: (a) advanced in accordance with the Lander. this unp NoW Instructions of an aWha®d person or (b) cradled on hb l? or by LOndOr'aa?altamal records, Including d ailycdomputer pdni-0ut3 a La der Y A have no • • * (a) Borrower Of any guarantor Is In default under the lama of this Note or arty agreemertt that Barrow s under this endorsements arty ante they be adverts fun ncefunds d by end er any guarantor has with Lander, Including any agroomsnt made in eonnaadon with the signing of this Note; (b) Bamower or any guarantor woes modify or any guar such revoke at Uft doing business or Is Insolvent (c) - guarantor seeks. &claims -A. o rtVl? aeum? to tots Note to( purposes other thannttrhoosoi authorized by Lender, or any other loan wnn woomi tat u-,-- -1 •-- . - ' reemarr4b'olwesn Louder ad h3orcowor. (a) landor kt good faith dams heo6lnsocum under this Note or my other tit) LIKE OF C IEOIT ASSESSMENT. The Bank, In ft dsaretlon, they' charge the UndOisigned an annual thus Of credit ass-ssmem. The amount of the ;' .. annual Bid of credit assessment is S160M and is sub)ect to change. BOrtroWer: 6hoMaM Custom Buiiders, lao. saver Lerroar: FlawKW t, sp guar Office ate East Maid sheet arnsue Fka Pgcs, Rune 130 ateeh"Iesearg. PA 17666 Madderica a Msclhanicabrlrg, PA 17056 241-0060 FINRNCIRL TRUST 838 P03 NOV 10 '99 12:11 PROMISSORY NOTE Page 2 1Zr16-1998 (CcRUrwed) tndusion of spwft dowt Pravisions a rights of Landes ahaa not PAICIUda Lender's OL7CERA1• pROYIa1019 This Now Is payable on dertland. The Lender my dltay Of forgo eMordrg any of b rights a remedies under this Note wahaut losing dgM IO darJera peYmmd at this Note an Idemand. ndaxs uM Not. to the mdoM ahowod by law, wMw Presentment de nand for Of stated gROrn Patewar and amY oMer P°rs° in wirding. AD that Lander Paynan( pra0asl end nodco d dishonor. upon am! etlanpa N Da forms oI lln Note, and ureleasad I qeb yt)r All uch p ail t nMII upPartyon Who or canrAnt of imp impaifr. , f o nto hw to WPM the or may renew a Indend Iropeetedty and la any Iergtn of 8me) mis load, a releaso anY parlY b Lender wahout y, with Modification et Lenders a9canH IMa®t In Iho cdleteral:end a the consent aol IlOtle2 b allyan0 other than iha Party, with w horn the he Orrofis M such pareses also agree Mat under may rraomN k made. If anY por8on d ttds Nora is la arty reason daternlinod b be uneMareeeble, 8 w?l not atlod tlw aMaoaaWlily of any other POMOrr- of this ' IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY Cp)1FlSBIONOFJUDGAIEKf• BORROWERf1l:RE?Y MANIA,ORELSEWH(7RE,70APPEARATANYTIME FORBORROWERAFTER nn n.F/11C OF ANY COURT IN THE COMMONWEAL OF«PE ?NSYL rur ae Eo. AS OF APN TERM, CONFESS OR ENTER JUDGMENT ?? All ¦ AT ALL MAY H ?IDEA RELATING TO ANY :rS OF SUIT, AND AN ATP OR MORE EEXECUTIONSSWW CALL BE SUFFICIENT WART Be EXHAUSLED BY ANY EX EIMING IN CONNNEECTIIONDI FUCABLE LAW WITH REE 2ECtmcALLY CALLED THIS RE Z ) BY INDEPENDENT L GOING AUTHORITY SHA NNSYLVANIA ACT OF JANL ), AND THE HOLDER OF XRCEMENT OF ANY SUCH FROM AND AFTER THE ENTFIY OF A' V LAW AND RULES 2981 TO 2988 OF THE NO LIMITATION OF LIEN OR ANY EXEC SHALL APPLY WITH RESPECT 70 ANY J IISSION OF TEN PERCENT (10%) ur Inc NOT LESS THAN FIVE HUNDRED DOLLARS )IATFLY: AND FOR SO DOING. THIS NOTE 01 ITHORITY GRANTED IN THIS NOTE TO C01 T AUTHOR11Y. BUT SHALL NOTE. BORROWER HEREBY WANES ANYMI H CONFESSION OF JUDGMENT, EXCEPT AN ;UPON OF THE JUDGMENT, AND STATE: OF JUDGMENT PROVISION TO BORROWEF THE LIEN ARISING FROM ANY JUOCMEN TO ANY OF BORROWER'S RESIDENTIAL R A LAWS. 13, NO. e), REFERRED TO AS THE LI T CONFESSED OR ENTERED PURSUANT T ECUTE. LEVY OR OTHERWISE PROCEED A GMENT E CCUTE,UDLEVY OR PROHALL EXTEND TO CEm GAINST SUCH 21PLATED BY SECTION 407 OF SUCH LO OF CIVIL PROCEDUR5, OR SUCCESSOR OR jTNEROTHAN BY THE FOREGOING AUUTHO IT REAL TO CONFESS OR ENTER JUDGMENT. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THEE OVI?SIONE THIS NOTE BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGGES RECEIPT OF A COMPI•ETm. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE (1MDERSIGNED- BORROWE$: ell. GI Brunt, PreeldalC WIIIWII S. B03M C!prealdrnt Prygllya;yes.YVL A4 nahb 11i/1Y/41PA•02a F0.2a aHOW11aLNC210VLi a0fla11.LW a1aa. LA6ERPfl0 RIa?zwLaTN OIL, Yar 328r K119aa CF.] OI I 1 o u: z wq c?, <t V ?) U q n n LO I c N ELLi f L r s _> Q O? U ry O r ? 4 tlii 3 ?. { i IL ii t 1- KEYSTONE FINANCIAL. BANK N.A. Plaintiff VS. SHOWCASE CUSTOM BUILDERS, INC., Defendant IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVILTERM 1999- TO SHOWCASE CUSTOM BUILDERS, INC., Defendant You are hereby notified that on November -03 1999, judgment by Confession was entered against you in the sum of $26,740.75 in the above-captioned case. DATE: WIV. ?P31 ?V-14 /5? ??r laa iu 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 vl-aOA 717-249-3166 I hereby certify that the following is the address of the defendant stated in the certificate of residence: 219 EAST MAIN STREET MECHANICSBURG. PA 17055 i li rr A. Duncan Attorney tot 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 S en el caso mencionado en el epigrafe. FECHA: Prothonotario I? - KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. : IN THE COURT OF COMMON : PLEAS COUNTY OF CUMBERLAND : COMMONWEALTH OF : PENNSYLVANIA : CIVIL ACTION LAW SHOWCASE CUSTOM BUILDERS, INC., Defendant : CIVIL TERM 1999- 7/33 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 Showcase Custom Builders Inc., for damages. Duncan & Hartman, P.C. DATED: //-aw" 7 By: 4i liam uncan, Esquires r N. U 1? iV n4 . bE U G c') r G "ice i z u1 i? G C3 ? j U