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Home My WebLink About03-4848COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAVINO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oa -- q W? CIVIL ACTION - LAW CONFESSION OF JUDGMENT 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 Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: $96,000.00 Note a. Principal b. Interest to August 19, 2003 c. Late Charges d. Attorney's fees Per diem: $11.2055 TOTAL Date: September 8, 2003 $43,878.23 $ 2,447.47 $ 504.05 $ 2,341.49 $49,171.24 plus additional interest, and costs from the date of the Complaint. Matthew J. Esheln'4m, Esquire ID 72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAVINO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -- q2q£ CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is Community Banks, 6700 Derry Street, Harrisburg, Pennsylvania 17111. 2. The names and last known addresses of the Defendants are Vincent P. Scalavino and Eileen P. Scalavino (hereinafter "the Scalavinos''), who reside at 2275 Rimer Highway, Shippensburg, Pennsylvania 17257. 3. On January 19, 2000, the Scalavinos executed and delivered to Plaintiff an Unlimited Continuing Guaranty (the "Guaranty"), a tree and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Under the Guaranty, the Scalavinos guaranteed to Plaintiff the payment of all amounts due to Plaintiff' by East Cost under all then existing and all future obligations of East Coast, with specific reference being made, without limitation, to the $96,000.00 Note attached hereto as Exhibit "B" and made a part hereof, 5. East Cost is in default of its obligations to make payment to Plaintiff as required in the $96,000.00 Note, ~md the Scalavinos are in default of their obligations to make payment to Plaintiff under the Guaranty. 6. Plaintiff has demanded payment in full of all outstanding amounts as provided in the $96,000.00 Note and the Guaranty. A copy of Plaintiff's demand is attached hereto as Exhibit "C" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in cormection with a consumer credit transaction. 8. There has not been any assigmnent of the $96,000.00 Note. 9. Judgment has not been entered on the $96,000.00 Note in any jurisdiction. 10. The amount due to Plaintiff as a result of Defendants' default is as follows: $96,000.00 Note a. Principal $43,878.23 b. Interest to August 19, 2003 $ 2,447.47 c. Late Charges $ 504.05 d. Attorney's fees $ 2~341.49 Per diem: $11.2055 TOTAL $49,171.24 WHEREFORE, Plaintiff, Community Banks, demands judgment against Vincent P. Scalavino and Eileen P. Scalavino, Defendants, in the amount of Forty-Nine Thousand One Hundred Seventy-One and 24/100 Dollars ($49,171.24), plus reasonable attomey's fees, costs and $11.2055 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and such other relief as the Court may deem appropriate. Date: September 8, 2003 Respectfully s//bmitted., SAIDI~, '~ -' AY Matthew J, Eshelman, Esquire ID #?2655 2109 Market Street, Camp Hill, PA 1701 l (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks UNLIMITED CONTINUING GUARANTY Vincent P Scalavino East Coast Custom Auto Body, Inc. Eileen P Scalavino Shippensburg, PA 17257 Shippensburg, PA 17257 (717) 776-6200 (717) 776-6200 9.500% $96,000.00 01/19/00 01/18/05 i ose easeo ~erwisedi$p~se~I~yC~I~a~era~dc~ectanyde~iciency~a~a~cewi~h~rwith~u~res~r~r~gI~u~iciaipr~cess; WARNING: REA[:) BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS ~ IF CHECKED, AS A MATERIAL INDUCEMENT ¥0 LENDER TO MAKE THE LOAN{S) OR OTHER FINANCIAL ACCOMMODAT~ON(SI TO ~ORROWERGUARANTIEO BY THIS ~UARANTY,GLIARANTORiRREVOCABLYAUTHORiZES AND EMFOWERS ANY ATTORNEY OR THE PROTHONOTARYOR CLERK OF ANy COURT iN THE COMMONWEALTH · ENNSYLVANIA, OR ELSEWHERE, TO APPEAR A~ ATTORNEY FOR GUARANTORIN ~Ny ACTION BROUGHT 8¥ LENDER AFTER AN EVENT OF DEFAULT UNDER THIS ~ UARANTOR ACKNOWLEDG ES THAT GUARANTORHAS READ, UNDERSTANDS,AND AGREES TO THE TERMS AND CONDITIONS OF THIS GUARANTY ~CLUDING THE TERMS AND CONDITIONS ON THE REVERSESIDE. GUARANTORHAS EXECUTED THIS G UARANTYWJTH THE INTENT TO BE LEGALLY rOUND NOTWITHSTANDINGANY FAILUREBY ANY OTHER PERSON TO SIGN THIS GUARANTY. GUARANTORACKHOWLEDGES RECEIPTOF AN EXACT :OPY OF THIS GUARANTY. '~ WITNESSWHEREOF, the undersigned has/l~ave caused this instrument to be executed as a sea~ed instrument Ihis )-St:~day ~ince~t P Scal'aviho Eileen P Scalavino (Seal) (Seal) COMMERCIAL FIXED RATE PROMISSORY NOTE 2272 Rifler ~ighway Shippensbur~, PA 17257 30 ~ 9.500 % [ ~96,000}00 { 0i/i9~00_ { 0i/18}05_ I I / no/100 --Dollars ($ 96,000.00 }~us prepaid in full, I~ere will be; [] No minimum finance clmrge or prepayment ~enalty. [] A minimum fir~nce charge o~ $ . [] A prepayment penaEy oh WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTs (Seal)~ (Seal) Vincent P S~alavino (Sea;) (Seal) SORROWER: ~ORROWER: BORROWER: 0ORROW£R: (Seal} TERMS AND CONDITrONs 1. EVEi~ITS OF DEFAULT. An Event el Def~=~ witl occur under this Note in Ihe event thai Berrow~,~r any guarantor or any other third pady p~edgthg coi~aterat {o secure Ibis Nole; (a) fal{s lo n~ake any ~3aymenl on ~hi~, Note or &ny olher inde~tc~'dness to Lender w~ex) due; (b) fails to pedorm any obligalion or breeches any wa~ranb/ or covenant to Lender cor~tained ir~ this Note, any security instrument, or any other present or luture written agreement regarding this or any other iridebtedness of Borrower to Lender; (c) provides or causes ar~y lalse or misleading signature or representatio~ to be provided to Lender; July 10, 2003 East Coast Custom Auto Inc. Vincent Scalavino Eileen Scalavino 2275 Rimer Highway Shippensburg, Pa~ 17257 Dear Mr. And Mrs. Scalavino: Your loans with Community Banks, N.A. are seriously past due as you have failed to pay the scheduled principal and interest payments of the loans outl/ned below. As a result of this delinquency, demand is hereby made for/mmediate payment in full of all principal, interest, late charges and any fees associated w/th the following loans: Account 54023961 Principal Interest ~ 7/10/03 Fees (int. accrues at $12.13/diem) $98,408.96 2,834.30 115.00 Account 54023962 Principal $43,878.23 Interest ~ 7/10/03 1,996.27 Late fees 504.05 (int. accrues at $I 1.58/diem) Account 54023960 Principal $461,395.21 InterestS7/10/03 4,276.20 Later ecs 836.44 (int. accrues~$101.13/~em) Total amount due as of July 10, 2003 is $614,244.66. Demand is hereby made for immediate payment in full of the amounts outlined above. Failure to make this payment could result in the Bank taking immediate action to preserve and protect its Hghts under the terms of the loan docqments. Please contact the undersigned at 909-4459 to make arrangements for the payment of all the outstanding loan amounts. Sincerely, Raymond Granger Vice President Special Assets RD-lO1REL # 4.00,00 (BRANCH II, OPER RG ) THURSDAY JUL 10 2003 LORN STATUS EAST CORST CUSTOM DRTE LAST MRINT 05/30/03 CUST-NO ¢5~08396 DEPT-NO I LORN-NO 5~0~3061 P-CODE 0 P-BANK 000 EFF-DRTE <LORN-BRL 98,~08.98 MATURITY ll/30/0~ TOTL-PHT tPRIN-DUE 98,W08.98 PAID THRU INT-RMT tINT-DUE 2,085.91 PAID TO ESC-RMT tESC-DUE .00 PAID TO CR/LF-RHT tLC-DUE ,00 RS OF TODAY R/H RMT <TOTAL-DUE 100.H7~.S7 NEXT DUE 11/30/02 LC-ART t ..................................................... UNAPRL ~NXT~PR-PMT 98,~08,98 AMT-LS-PMT 788.39 FEE ART <NXT-IN-PHT 2,085.91 UNPAID INT 10 POFF-FEE <SCHED-PMT .00 RCCRD-INT 2,894.3015 .......................... <INT BILLED ,00 DRILY EARN TOTAL TRRN <P¥OFF FEES ,00 NRITE-DONN .00 <ESC-BRL .00 RCCRL-STOP MEMO FLRG H <R/H-REB .00 OFFICER 030 IN/-RRTE 4.5000 <CR/LF-REB .00 INT YTD 788.39- tHIN ERRN .00 INT LS YR 5,1~3.55- <PRYOFF 100,580.87 PEN/FEE 115.00 (108 = CUST PROF, 302 = CUST INFO, 303 = CUST CODE, 318 = LIRB. 355 = P-LINK) (308 = INST STMT, 309 = HEROS. 305 = RCC/ INFO, 313 = COL SCRN) AB-lO1 REL # 9.00.00 ERST COAST CUSTOM gUST-NO 05Y02393 EFF-DRTE TOTL-PMT INT-AMT ESC-RMT CR/LF-RMT R/H RMT LC-RMT UNRPPL FEE RMT 10 POFF-FEE DEPT-NO I <LORN-BRL <PAIN-DUE ~INT-DUE 3,157.88 <ESC-DUE .00 <LC-DUE 833.~H <TOTAL-DUE 5,018.34 (BRANCH II, OPER RG ) THURSDAY JUL 10 2003 LORN STATUS DATE LAST MRINT 11/13/00 LORN-NO 5~0~3930 P-CODE 0 P-BANK 000 MATURITY 01/30/05 PAID THRU 05/23/03 PAID TO 05/29/03 PAID TO RS OF TODAY NEXT DUE OS/~3/03 <NXT-PR~PMT 2,168.78 RMT-LS-PMT 8,3G~.~0 <NXT-ZN-PMT 8,197,82 UNPAID INT <SCHED-PMT H, 182.~0 ACCRD-ZNT I,II8.3157 .......................... <INT BILLED .00 TOTAL TRRN <PYOFF FEES .00 <ESC-BRL .00 MEMO FLAG 4 (R/H-REB .09 INT-RATE 8.0000 <CR/LF-REB ,00 INTYTD 15,~19.00- <MIN EARN .00 INT LS YR ~1,~68,90- <PAYOFF ~36.537.85 DRILY EARN NRZTE-DONN .00 RCCRL-STOP OFFICER 030 PEN/FEE 30.09 gUST PROF. 382 = gUST INFO. 303 = CUST CODE. 312 = LIRB, 355 = P-LINK) INST STMT, 399 = MEMOS, 305 = RCCT INFO, 313 = COL SCAN) AB-lO1 REL # %00,00 EAST COAST CUSTOH OUST-NO 05N0239S I EFF-OATE 8 TOTL-PHT 3 IHT-RAT H ESC-AHT 5 CR/LF-RMT S R/H RAT 7 LC-AHT 8 UNRPPL 9 FEE RAT 10 POFF-FEE DEPT-NO I <LORN-BRL ~3.878.23 <PRZN-OUE B.335.32 <INT-OUE 1.7HI.53 <ESC-DUE ,00 <LC-DUE 50~.05 <TOTAL-DUE 10,58~.90 (BRANCH II, OPER RG ) THURSDAY JUL 10 2003 LORN STATUS DATE LAST HAINT 12/2H/02 LOAN-NO 540~39S2 P-CODE 0 P-BANK 000 MRTURITY 01/18/05 PAID THRU 01/18/03 PRID TO 01/18/03 PRIO TO RS OF TODRY NEXT DUE 0~/18/03 <NXT-PR-PMT 10,008.12 AMT-LS-PHT I.~3 <NXT-IN-PMT 2,088.90 UNPAID IHT 1.998.87 <SCHED-PHT 2,016.17 RCCRD~iNT 25~.740~ .......................... <INT BILLED 3W7.37 DRILY EARN ll.5790 TOTAL TARN <PYOFF FEES ,00 NRITE-DONN .00 <ESC-BRL .00 RCCRL-STOP ..STOP*~ REHO FLRG 3 <R/H~REB .00 OFFICER 030 [NT-RRTE 9.5000 <CR/LF-RES .00 ~NT YTD 3S0.~S- <HIN ERRN .00 ZNT LS YE 5,833.37- <PAYOFF ~8,~83.55 PEN/FEE 85.00 (102 = CUST PROF, 302 = COST INFO, 303 = CUST CODE, 312 = LIRB, 355 = P-LINK) (308 = INST STHT, 309 = HEROS, 305 = RCCT INFO, 313 = COL SCAN) 3. Arlicle Addressed to: COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAV1NO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- LAW VERIFICATION I, Raymond Granger, Vice President, Special Assets, for Community Banks, being authorized to do so on behalf of Community Banks, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. 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, COMMUNITY BANKS Specia~ Assets COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAVINO, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW NOTICE OF FILING JUDGMENT ( x ) Notice is hereby given that a judgment by confession in the above-captioned matter has (x) been entered against you in the amount of Forty-Nine Thousand One Hundred Seventy- One and 24/100 Dollars ($49,171.24) on ,.~ ~L [~' ,2003. A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. e r o l~.~c~no~tt a~ ~,~ il/~D i;i s i c n~~ If you have any questions regarding this Notice, please contact the filing pa~: Name: Address: Telephone Number: Matthew J. Eshelman, Esquire Saidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 (This Notice is given in accordance with Pa. R.C.P, 236) Notice sent to: Name: Address: Vincent P. Scalavino 2275 Ritner Highway Shippensburg, PA 17257 Eileen P. Scalavino 2275 Ritner Highway Shippensburg, PA 17257 (b) If the petition states prima facie grounds for relief the court shall issue a rnle to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the role. The return day of the rule shall be fixed by the court by local rule or special order. (c) or answer. A party waives all defenses and objections which are not included in the petition (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1~800-990-9 108 Date: September 8, 2003 Respectfully submitted, SAIlfS, S. HU 7 ER & LINDSAY 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAVINO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -- zae 4? CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance on behalf of Community Banks, Plaintiff. Papers may be served at the address set forth below. Matthew J. Eshelman, Esquire Supreme Court ID #72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Phone: (717) 737-3405 Fax: (717) 737-3407 Date: September 8, 2003 Respectfully submitted, SAIDIS, SH ,UFF~F[ ,OWER & LINDSAY By U~ ~ Matthew J. L~helmaff,, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 73 %3405 Attorney for Plaintiff COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAVINO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, Community Banks, is 6700 Deny Street, Harrisburg, Pennsylvania 17111; and that the last known address of Defendants Vincent P. Scalavino and Eileen P. Scalavino is 2275 Rimer Highway, Shippensburg, Pennsylvania 17257. Date: September 8, 2003 Respectfully submitted SAIDIS ~HUFFfI~£ WER & LINDSAY By: 0~ ~ Matthew J. Esheln~an, Esquire ID #72655 2109 Market StreeL Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks COMMUNITY BANKS, Plaintiff VINCENT P. SCALAVINO AND EILEEN P. SCALAV1NO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -- q/x//' CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Vincent P. Scalavino and Eileen P. Scalavino, in the above-captioned action are not presently on active or nonactive military status. Date: September 8, 2003 Respectfully submitted, SAIDIS, ~ItU ~'1', I~LO~WER & LINDSAY By: J~ ~ -- Matthew J. Eshe ~an, Esquire ID #72655 2109 Market Street, Camp Hill, PA 1701 l (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Community Banks