HomeMy WebLinkAbout99-07128
A
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-
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 $8,884.64
Interest to 11-15-99 $ 283.94
Late Charges $ 11.54
Attorney's Fees $ 918.01
TOTAL $10,098.13
with interest from November 15, 1999, on the principal sum of $10,098.13, at the rate of
10.25 % per annum.
Respectfully submitted,
Duncan & Harter P.C.
Dated: 1 (- rid' 9
PA M" # 2208()
sue.
KEYSTONE FINANCIAL BANK N.A. : IN THE COURT OF COMMON
Plaintiff : PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
VS.
: PENNSYLVANIA
: CIVIL ACTION LAW
SHOWCASE CUSTOM BUILDERS, 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 Showcase Custom Builders, Inc., with a last known address of
219 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. On or about October 30,1998, 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 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 Showcase Custom Builders, Inc., has defaulted in this obligation
under the Note by failing to make their August 1999, September 1999 and October 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: $ 8,884.64
Interest Accrued and unpaid
through November 15, 1999 $ 283.94
Late Charges $ 11.54
Attorney's Fee's Pursuant
to the terms of the Note $ 918.01
TOTAL $10,098.13
Interest accrues at a rate of $2.53 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, $10,098.13 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
$10,098.13 and all costs of suit.
Duncan & Hartman, P.C.
o
DATED: I? By:
i iam u an, Esquire
VERIFICATION
I, 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.
CERTIFICATION OF COMMERCIAL TRANSACTION
I, 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 I8 Pa. C. S. Section 4904 relating to unswom
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.
ti
241-0060 FINANCIAL TRUST
PROMISSORY (VOTE
837 P02 NOV 10 199 11:54
Borrower: Showcase Custom Builders Inc. Lender. FiI?n B Company
219 EAd Main Sheet Office
MoehanlCeburg, PA 17065 6520 Carlisle Pare. Sulte 130
Mechantesburg, PA 17DSS
RIGHT OF SETOFF. Borrower greens to Lender a car
Lander all Borrowers right tlto and interest in and to, a
without fimitation all accounts hold Jointly with someone
accounts, and all trust accounts far which the grind a
permitted by applicable law, to charge or setat all sums
LINE OF CREDIT. This Note evidences A revolving line
by an authcrind person. Lando may. but need not,
directions by telophoe or otherwise to Lander are to 1
request advances undo the line of credit until Lender, h
aNhodty. Glenn E. Berm, Prealdent; and Wltlam S.
accordance with the instructions of an authorized gait
owing an this Note at any time may be evidenced by ei
Lander wen have no obligation to advance funds undo
agreement that Borrower or arty guarantor has with Len(
any guarantor tosses doing business or is Insolvent; (c
guarantee of this Nola or any other loan with Lander,,
authored by Lender, or (e) Lander In good faith death!
Principal Amount: ;10,000.00 Initial Rate: 104M Date of Note: October 30, 1998
PROMISE TO PAY. Shonfewe Custom Sullaem Inc. ("BOrrovreN) promises to pay to Fbuncial Trust Company ("Lender'), or order, In lawful
money of the united States of Amer tad, on daMIC1. the principal amount of Tan Thouwnd A 001100 Dollars (1110,000.00) or so much as may be
OUMWK ing, together enth Interest on the unpaid outetenaang principal balance Of each advance. Interest snail be calculated from the date of
each edwanc , emir repayment of each advance.
PAYMENT. Barfewer will pay this loan Immedlafsly upon Lender's demand. In addition, Borrower wtil pay regular monthly payments of all
accrued ampadd Interest due as of each payment date, beginning December 26,1a1i with all subsequent Interest payments to be due on ties
acme day of each month agar tent. The annual interest rate for this Note 15 computed on a 3851360 basis; that is, by applying the ratio of the annual
interest rate over a year of 300 days, multiplied by the outstanding principal balance, MWtiplied by the actual number of days the principal balance is
outstanding. Borrower vela pay Lander at Lenders address shown above or at such other place as Lander may designate In wnarg. Unless otharwo6
agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any
unpaid collection ezDs and late charges.
VARIABLE INTEREST RATE. The Interest rate an hvs; Note is subject to change from lime to time based on changes in an index which is Landers
Mme Rate (the -index). This is the rate Lander charges, or would Charge, on 90-day unsOCUred loans to the most creditworthy corpofeie customers.
This rate may or may not be the lowest rate available from Lender at•amy given amp- t Lander will tell Borrower the currant index rate upon Borrowers
roquosL Borrower understands that Lender may make loans based on other rtes as wag. The Interest rate change will not occur mom effort than
each DAY. The Index Currently, to 11400% per annum. The hlterast isle to be applied to fine Unpaid principal balance of th10 Note will to at a
rate of 2400 percentage paints over the Index, resulting In an Initial, rate of 10.000% per annum. NOTICE: Under no circumstances will the
Interest rate on this Nola lie more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay without ponalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by Lander in writing, relieve Borrow of Borrowers obligation to continue to make payirfents of accrued unpaid Interest. Rather, they wig reduce the
principal balance due. -
LATE CHARGE. If a regularly achodulod interest payment is is drys or more We, Borrower will be Charged 5.000% Of tte regularly = heduted
payment. If Lender demands payment of this ban, and Scrtowei dbas not pay Ih o loan within 15 days after Lender's demand, Bormwar also will
be charged $400% of the sum of the unpaid Principal plus accrued unpaid Interest..,
DEFAULT. Borrower will be in dMaull If any of the lagdwirig' happeis:. (e) Borrowsr tails to make any payment when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to compty'wifh or to perform when due any other lean, obligation, covenant, or condtion
contained In this Note or any agreement related to this Note. Or in any other agreement or loan Borrower hall with Lander. (c) Any represenlaf om or
statement made or furnished to Lender by Borroweror an Borrower's behalf Is false at misleading In any material respect eghar now or at the lime
made or kwhishad. (d) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's properly, Borrower makes an assignment for the
benefit of creditors, or any proceeding is eommencad either. by 0arro"r o. against Borrower under any bankruptcy or Insolvency laws. (e) Any
creditor tries to take any of Borrowers property on or in which Lander has a lien or security Interest. This Includes a garnishment of any of Sonoww's
accounts with Lender. (f) Any guarantor cars or any of the Miner events doscibedln this default section occur with respect to any guarantor of this
Nola. (g) A material adverse change occurs in 86rrdw6r1s financial condition, or Lender believes the prospect of payment or performance of the
Indebtedness Is impaired. (h) Lender In good faith deems itself insoct ra.
LENDER'S RIGHTS. Upon default Lender may, after giving such noticas as rogWmd by applicable law, declare the entire Unpaid prinel pal balance on
INS Nato and as accrued unpaid interest Immediately due. and than Borrower will pay that amount. Lender may Nre or pay someono also to help
COW this Note it Borrower does not pay. Barrmver;aso wig pay Lander that amount. This includes, subject to any limiis under applicable law.
Lenders atorrpys' fees and Landers legal expenses whether or not more Is a lawsuit, including alternays' lees and legal exponsas for bankruptcy
precoodings (Including efforts to Madgy or vacate any automatic stay of Injunction), appeals. and any anticipated past-judgment ocilacti an SwAcas. It
not prohibited by applicable law, Somewor also will pay arry court cost, in addition to all other sumo provided by law. If judgrnam Is entered In
connection with this Note, interact will continuo to accrue an this Note after judgment ei the interest rate applicable to this Nola at the time judgment is
entered. This Mate has been delivered to Lender and accepted by Leader bf the CCmmonwoatth of Peresylvanla. If there la a lawsuit.
Borrower agrees upon Leadefb requital to Submit to tie jlldactidlal of thabou is of Cumberland County, the Commonwealth of Pennsylvania.
This dote shall be governed by and construed In aecorderm with the lbws of the Commonweath of Penruyivanla.
fuel SW.U* Interest In, and hereby assigns, conveys, doMm. pledges, and transfer to
ivers accounts wl'h Lender (whether checking, savings, or some other account). Including
and'an'scoodnb Borrower may open in the future, excluding however all IRA and Keogh
I aunty Inldrayl vvodil'.be, prohibited by law. Borrower authorizes Lender, to the extent
in on this Note against Onyand all such accounts.
o this Note may be requested either orally or in writing by Borrower or
quests be confirmed In writing. All communicators, InstrUCtions, or
office shown above. The following party or parties are authorized to
at Lancers address shown above written notice of revocation of their
fi. Borrower agrom to be liable for all sums either: (a) advanced In
r o1, Barrowers accounts with Lender. The unpaid principal balance
to or by Lenders Internal records, including daily computer pant-outs.
Nor Cr'any guarantor is In default under the forms of this Note or any
mart made in connection with the signing of this Note; (D) Borrower or
Ulm or oth erwiso attempts to limit, modify or revoko such guaramars
of funds provided puruam to this Note for purposes otter than thoso
s Note or any after agroaman between Lender and Borrower.
.,L.,,.
241-0060 FINPNCIRL. TRUST 837 P03 NOV 10 199 11:55
PROMISSORY NOTE Page 2
10-W-19gs (Continued)
GEIIERAL PROV1810NS. This Nola Is papablo on demand. TPA inclusion of specific default provLSlol enforc
ing right to doetare payment 01 this Note on Its demand. Londor fee" may U is Note. to any yrpnntt irsas Bqm. Borrower end anY olhar parson who sans. g in the farms a11hL4 Note. end amass dl
paymem, prolasl end notioa of dBhonor. Upon any charge
he my
An s lhal , whether u mW af. Ovaf°ntor, accommomdon mazer o endonen shad bo rd
te
fed e for arty )1Ws loan, erroloaae anY Party or gwrai
maY mnew rNo r eottoral (ropaa nd length of dma
h
take enY other acaon deemed nouSaery by Lt
padect Lenders socudN Intormt N the aplLTlefeI no
s N?°? fOr enY reason detemuned 0 beaunaidarceahb, I rtol aflei
100 olfna?de P Ift anlr P? MtW
Note. ~Affl V AIrrHORIZES AND EMPOW'
JUDGMENT. BORROWER HEREBY -
Y COURT IN THE COMMONWEALTH OF
R THIS NOTE, AND WITH OR WTTHOUi
THE ENTIRE PRINCIPAL 13ALANCE OF T
DVANCED BY LENDER RELATING TO
-.. .? rn .q nF SUrr. AND AN
AT ALL w& C Tn N
.. OTICE OR TO
ANY
TO
OF
'R-0 IM. „-..?---
M AND AFTER THE ENTRY OF A'
2981'TU 2988 OF THE
SHALL
or rlgna a r iilu? w ? , ,..
Ihts or ramedies under this Nate wdhout losing
owed by law, waive presentment, demand for
rwlSo oxpressty slated in Writing. no party who
om eability. Ad such padres agree Sat Lender
or or collateral; or Impair, fag to teem= won or
oar r without the aoyh Of nom the mmloodakAtIon
Other than the party vAl
the enforceability of any other provisions of ihi+
f SHAD. CONTINUE FROM TIME TOIIMt MW
ER HEREBY WAIVES ANY RIGHT BORROWER
F JUDGMENT, EXCEPT ANY NOTICE AND/OR
JUDGMENT, AND STATES THAT EITHER A
40VISION TO BORROWER'S ATTENTION OR
ING FROM ANY JUDGMENT CONFESSED OR
IROWER'S RESIOEITrtAL REAL PROPERTY AS
REFERRED TO AS THE LOAN INTEREST AND
R ENTERED PURSUANT TO THE FORGOING
OTHERWISE PROCEED AGAINST ANY SUCH
SHALL. EXTEND TO SUCH RESIDENTIAL REAL
PROCEED AGAINST SUCN RESIDENTIAL REAL
PROTECTION LAW AND RULES ----
RULES. BY HE FO EGO N
Amp NO LIMRATION OF LIEN OR ANY EXECUTION, OTHER H AN
SENTENCE SHALL APPLY WITH RESPECT 70 ANY JUDGMENT NT OBTAINED OTHER HER THAN BY THE FOREGOING AUTHORITY TO CONFESS
AGREES TO THE TERMS OF THE 'NOTE ACKNOWLEDGES RED INCLUDING OF A COMPLETED
ENT6aJUDGMENT. THE PNTFFiFTb'0T SIGNING PROVISIONS.BORROWER BORROWER
COPY OF THE NOTE.. '
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UIDFRSIGNED:
BORROWEPA
SFIOWGae? Bullde In . , _
SY
WiIIwI1 S.RW9YlA, VICO Pfeartl!`?--. _____...
nt
R'
iI
!l
EWHERE
OF ANY
>-
g C?,
=
O c:j j?
4
N
:i1 Uu-J
F 2 CD C
'cr% U
?=as
:i.i .
1 1}I ti' ? 3'{i 9i
r F.I3 ptj 1,'ay i-u.
-r
? M
V ?O v
1,b
V"
l?. i
I ?k'Rl
KEYSTONE FINANCIAL BANK N.A.
Plaintiff
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
VS.
CIVIL ACTION LAW
SHOWCASE CUSTOM BUH.DERS, INC.,
Defendant : CIVIL TERM 1999-
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: By:_
flliam an, Esquire
N
G
O 07
_ ?
O
z
Y °-
l J
O
Jc N 3
m ?
F: Z
O m U
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 ,J
CIVIL TERM 1999- `7/a Gll?'?
TO SHOWCASE CUSTOM BUILDERS, INC., Defendant
Prothonotary I.P6
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
You are hereby notified that on November ?#•a3 1999, judgment by
Confession was entered against you in the sum of $10,098.13 in the above-captioned case.
DATE: 23, '(Sg4-
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 BA-R ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA, 17013
717-249-3166
L
I'
l
I
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
?
'Tuay?-? iam A. _
A
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 sums 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 0 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 la siguiente direccion es la del defendido/a segun indicada en el
certificado de residencia:
Abogado del Demandante