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HomeMy WebLinkAbout99-07179t i I No. 99- )? 7f Civil Term I - j t? 'I Y KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P. O. BOX 11069 HARRISBURG, PA 17105-1989 ALLFIRST BANK, SUCCESSOR TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff V. DOUGLAS R. SISTI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. `I i • ),/,7 11 N.Cl T 1-.. CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note, a copy of which is attached to Eugene`E. F`Npihsky, Jr. Attorney for Defendant by virtue of the authorization contained in the Note I i.? i the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant for the sum of $173,752.48, and costs of suit. ALLFIRST BANK, SUCCESSSOR TO DAUPHIN DEPOSIT BANK AND TRUSTCOMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. DOUGLAS R. SISTI CONFESSION OF JUDGMENT Defendant To: Douglas R. Sisti, Defendant You are hereby notified that on 1999, judgment by confession was entered against you in the sum of $173,752.48 in the above-captioned case. Dated:`/ lc .a ..Gc 3u, 1999 _ 27 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Douglas R. Sisti 635 Herman Avenue Lemoyne, PA 17043 ' t. Attorney for Plaintiff(s) ALLFIRST BANK, SUCCESSOR TO IN THE COURT OF COMMON PLEAS OF DAUPHIN DEPOSIT BANK AND CUMBERLAND COUNTY, PENNSYLVANIA TRUSTCOMPANY CIVIL ACTION - LAW Plaintiff V. DOUGLAS R. SISTI Defendant NO. `)9. 7/79 & , T-- CONFESSION OF JUDGMENT 1. Plaintiff Allfirst Bank is successor to Dauphin Deposit Bank and Trust Company, a Pennsylvania banking corporation, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant Douglas R. Sisti is an adult individual whose address is 635 Herman Street, Lemoyne, Pennsylvania 17043. 3. On or about November 21, 1997, Defendant, for good and valuable consideration, executed and delivered a Commercial Loan Note (the "Note") to Plaintiff. A true and correct copy of said Note is attached hereto, made a part hereof and marked Exhibit "A". 4. The Note referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered on the Note referred to in Paragraph 3 above in any jurisdiction. The Note provides that Plaintiff may confess judgment against Defendant for the amount of any unpaid liabilities, with costs of suit and attorney's fees and with fifteen percent (15%) added for collection fees. 7. The unpaid liability of Defendant on and under the Note is $151,752.48, consisting of $149,710.49 of principal, $1,417.87 of interest and $624.12 of late fees. Fifteen percent (15%) of said sum is $22,000.00. Plaintiff has been advised and, therefore, avers that Defendant executed the Note referred to in Paragraph 3 above for business purposes. 9. Plaintiff has been advised and, therefore, avers that Defendant's income exceeds $10,000. 10. This confession of judgment is not being filed against a natural person in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $173,752.48, together with costs of suit. Date: November 2Y , 1999 KEEFER WOOD ALLEN & RAHAL, LLP By: E ge E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- I I ?? _ _. VERIFICATION The undersigned Kenneth L. Milliken, hereby verifies and states that: 1. He is Assistant Vice President of Allfirst Bank, successor to Dauphin Deposit Bank and Trust Company, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; I The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Kenneth Dated: November 2-Y , 1999 L -? COMMERCIAL LOAN NOTE ?f l 1 d`7 ?? U U DAUPHIN DEPOSIT BANK AND TRUST COMPANY BANK OF PENNSYLVANIA a FARMERS BANK • VALLEYBANK (Bank of Pennsylvania, Farmers Bank and Valleybankare divisions of Dauphin Deposit Bank and Trust Company) $ 160,000.00 Date November 21, 1997 FOR VALUE RECEIVED, the undersigned, actows R. sisti a (corporation/partnership/limited liability company/individual) (the "Borrower'), jointly and severe y (i more t promise to pay to the order of DAUPHIN DEPOSIT BANK AND TRUST COMPANY (the 'Bank") or its assigns, the amount of ONEHUNDRED SIXTY THOUSAND & NO/100 DOLLARS. to be paid as follows: The loan shall be written for a term of fifteen (151 years and will require sixty (60) consecutive fixed monthly payments, each in the amount of $1,575. 6, T- which shall include principal and interest, payable the day of each month, beginning on !r.2 . 9 Thereafter, the loan shall require monthly payme is of principal plus interest accrue to date of Bank's notice therefor. With the final payment on /.?tJ?a7.4.!,r2 all amounts outstanding for principal, accrued and unpaid interest, and unpaid fats and charges will be duo and payable. on Interest on all outstanding principal shall accrue at the fixed rate of 8.5000% per annum through /I'a70-9008 and thereafter, the interest rate shall be a floating rate of Interest equal to the Dauphin Deposit Bank Base Rate plus 1.00000% as in effect from time to time and which shall change effective with any change in such rate. The term "Dauphin Deposit Bank Base Rate," which is not necessarily the lowest rate of interest charged by the Bank, is defined as the rate of interest for loans established by the Bank from time to time as its base rate. Interest shall be calculated on the basis of the actual number of days elapsed and a year of 360 days. Both principal and interest are payable in lawful money of the United States of America at any office of Bank in immediately available funds. If any payment due hereunder is received by the Bank more than fifteen (15) calendar days after its due date, the Borrower shall pay a late payment charge equal to five percent (5%) of the amount then due or $10.00, whichever is greater. APPLICATION OF PAYMENTS. All payments made hereunder shall be applied first to late payment charges or other sums owed to the Bank, next to accrued interest, and then to principal, or in such other order or proportion as the Bank, in its sole and absolute discretion, may elect from time to time. SECURITY. The payment of this note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (individual, joint, several, direct, contingent, or otherwise) of the Borrower to or for the benefit of the Bank, whether arising directly to the Bank under this note or under any other agreement, promissory note or undertakings now existing or hereinafter entered by the Borrower to the Bank (collectively, the "Liabilities") is secured by the property described in, and under and pursuant to the terms and conditions of that certain: Collateral as set forth in an Assignment of Leases - Real Estate dated // I E / /A• Collateral as set forth in a Mortgage from Douglas R. Sisti to Dauphin Deposit Bank and Trust Company dated 1L/. -2/ L. !'.l As additional security for the Liabilities, Borrower grants the Bank a lien upon and a security interest in any securities, instruments or other personal property of Borrower now or hereafter in Bank's possession and in any deposit balances now or hereafter held by Bank for Borrower's account and in all proceeds of any such personal property or deposit balances. Such liens and security interests shall be independent of Bank's right of setoff. PAYMENTOF COSTS. In addition to the principal and interest payments specified above, the Borrower shall pay to the Bank or any other holder of this note, upon demand, all costs and exponses (including reasonable attorneys' fees, whether or not litigation is commenced) which may be incurred by the Bank or such holder in the collection or enforcement of this note. Said costs shall include reasonable attorneys' fees and costs in bankruptcy proceedings and any costs and attorneys' fees incurred for any action or proceeding in relation to the loan transaction, including but not limited to the joinder. of Bank in any action between the Borrower and a third party. IM CE-110.1 12/96 DEFAULTS. The Borrower shall be in default hereunder upon the occurrence of any of the following events: (a) the nonpayment when due of any amount payable on any of the Liabilities, or the failure of any Obligor to observe or perform any agreement of any nature whatsoever with the Bank (the term 'Obligor" as used herein being meant to include the Borrower and all persons liable on the note or any renewals, extensions, or modification thereof, such as endorsers, sureties, or guarantors); (b) if any Obligor becomes insolvent or makes an assignment for the benefit of creditors, or if any petition is filed by or against any Obligor under any provisions of any law or statute alleging that such Obligor is insolvent or unable to pay debts as they mature; (c) the entry of any judgment against any Obligor or the issuing of any attachment or garnishment against any property of any Obligor or the occurrence of any change in the financial condition of any Obligor which in the sole judgment of the Bank is materially adverse; (d) the dissolution, merger, consolidation or reorganization of any Obligor, which is an entity such as a corporation, limited partnership, partnership or limited liability company; (e) the death of any Obligor who is a natural person; (f) any information heretofore or hereinafter furnished to the Bank by any Obligor in connection with the loan evidenced hereby or any suretyship or guaranty should be materially false; and (g) the failure of any Obligor to furnish such financial and other information as the Bank may reasonably request. If this Note is payable on demand, Bank's right to demand payment hereof shall not be restricted or impaired by the absence, non-occurrence or waiver of a default hereunder, and it is understood that Bank may demand payment at any time. ACCELERATION AND ENFORCEMENT RIGHTS. Whenever the Borrower shall be in default as aforesaid, (1) unless the Bank elects otherwise, the entire unpaid amount of such of the Liabilities as are not then due and payable shall become immediately due and payable without notice to or demand on any Obligor, and (2) the Bank may at its option exercise from time to time any or all rights and remedies available to it at law or in equity. The Borrower waives all right to stay of execution or garnishment and exemption of property in any action to enforce any of the Liabilities. JUDGMENT. The Borrower does hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and enter judgment against Borrower for the above sum, with or without declaration, with costs of suit, including reasonable attorneys' fees and fees in bankruptcy proceedings, if any, release of errors, without stay of execution, and with fifteen (15%) percent added for collection fees, and the Borrower further agrees that real. personal or mixed property may be sold or garnished upon any writ of execution or writ of garnishment as now or hereafter provided by law or the Pennsylvania Rules of Civil Procedure governing the enforcement of judgments; and Borrower hereby waives and releases all relief from any appraisement, stay or exemption laws of any state now in force or hereafter enacted. If a copy hereof, verified by affidavit, shall have been filed in such proceeding, it shall not be necessary to file the original as a warrant of attorney. The Borrower (and each of them, if more than one) hereby waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of this warrant and power to confess judgment shall be deemed to exhaust this power, whether or not any such exercise shall be held by any court to be invalid, voidable or void, but this power shall continue undiminished and may be exercised from time to time as often as Bank shall elect until all sums due hereunder shall have been paid in full. WAIVERS. The Borrower hereby waives presentment, notice of dishonor and protest. The Borrower hereby further waives and releases all errors, defects and imperfections of a procedural nature in any proceedings instituted by the Bank hereunder, as well as all benefit that might accrue to the Borrower by virtue of any present or future laws exempting any property, real or personal, or any part of the proceeds arising from any sale of such property, from garnishment, attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment. The Borrower agrees that any property, real or personal, that may be levied upon pursuant to any writ of execution or writ of garnishment issued on any judgment by virtue of this note, may be sold, in whole or in part, in any order desired by the Bank. HOLDERS IN DUE COURSE. This note may be assigned by the Bank or any subsequent holder of this note at any time or from time to time. The Borrower hereby agrees that no subsequent holder of this note to whom the note was transferred for value shall be subject to any claims or defenses which the Borrower may have against a prior holder, all of which are waived as to such subsequent holder, and that all such subsequent holders shall have all of the rights of a holder in due course even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course. MISCELLANEOUS. Any failure of the Bank to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any other time. If the Borrower consists of more than one person, such persons shall be jointly and severally liable hereunder. The Borrower intends this to be a sealed instrument and to be legally bound hereby. This note shall inure to the benefit of and be enforceable by the Bank and its successors and assigns and be binding and enforceable against the Borrower, its legal representatives, successors and permitted assigns. All issues arising hereunder shall be governed by the laws of Pennsylvania without giving effect to choice of law rules. Douglas B. Sisti WITNESS GR-A14E-67: BORROWER: (Name o ndivi ual, orporation, Partnership or Limited Liability Company) (Seal) ame en rt e By: -Name and I It le (Seal) Y ?n i•o r Go s v u. 7• iiW i-- r- O (T J IN THE COURT OF COMMON PLEAS CUMBF11LAND COUNTY, PENNSYLVANIA ALLFIRST BANK, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff CIVIL ACTION NO.: 99-7179 v. DOUGLAS R. SISTI, CONFESSION OF JUDGMENT Defendant PRAECIPE TO SETTLE, TO THE PROTHONOTARY OF SAID COURT: Please mark the above judgment satisfied. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: January /O , 2001 By ' ? sY: a TEPI-IEN L. GROSE Attorney I.D. # 31006 210 Walnut Strcct P. O. Box 11963 Harrisburg, PA 17103-1963 (717) 255-5052 Attorneys for Plaintiff CERTIFICATE OF SERVICE4 1, Stephen L. Grose, Esquire, one of the attorneys for plaintiffs, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class poslage prepaid, addressed as follows: Elizabeth Q. Stone, Esquire Slone LaFaver & Sheklctski 414 Bridge Street New Cumberland, PA 17070 KEEFER WOOD ALLEN & RAIIAL, LLP j/ By zl??;; / ..-., Sicphen L. Gros Dated: January /0 , 2001 . .