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HomeMy WebLinkAbout03-5342 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICHOICE FEDERAL CREDIT UNION, NO. 03 - ~.:sqJ.. C;uL'-rE/U'YJ Plaintiff v. CYNTHIA M. DUMONT, Defendant CIVIL ACTION-LAW Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint as Exhibit "A" filed in this action, I appear for the Defendant and confess Judgment in favor of the Plaintiff and against the Defendant as follows: Amount Owed: Interest: Court Costs: Attorney's Fees: TOTAL: Document #: 179050.1 $7,367.47 To be determined To be determined $1,473.49 $8,840.96 plus interest & court costs By Steven C. Courtney, Esquire Attorney J.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 (717) 540,3900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICHOICE FEDERAL CREDIT UNION, NO. 03 -S~I./~ (l. ~~L"-T~ Plaintiff v. CYNTHIA M. DUMONT, Defendant CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, this 28th day of September, 2003, comes the Plaintiff, AmeriChoice Federal Credit Union, by and through its attorneys, Steven Courtney, Esquire and states the following cause of action and in support thereof, avers as follows: I. Plaintiff, AmeriChoice Federal Credit Union, is a financial institution qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place of business situate at 20 Sporting Green Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Cynthia M. Dumont, is an adult individual with a last known address of 436 C Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. A true and correct copy of the instrunlent, Guaranty, under which Plaintiff is confessing judgment is attached hereto, incorporated herein and marked as Exhibit "A". 4. The balance due pursuant to the terms and conditions as reflected on the promissory note attached hereto as Exhibit "A" less payments made by Defendant, is $8,840.96 plus court costs. 5. The transaction pursuant to which Plaintiff is confessing judgment was for a commercial/business purpose and was not a consumer credit transaction. Document #: 179050. / 6. The instrument and obligation under which judgment is being confessed has not been assigned. 7. Defendant has defaulted on the obligation to Plaintiff by failing to pay all amounts owed Plaintiff pursuant to the terms and conditions of the promissory note attached hereto as Exhibit "A". 8. Judgment has not been entered against the Defendant in any jurisdiction for any amount under the instrument. 9. Judgment is demanded as authorized by the warrant of attorney contained in the instrument attached as Exhibit "A". 10. The warrant appearing in the attached instrument is less than twenty (20) years old. WHEREFORE, Plaintiff demands the entry of a Judgment against the Defendant, Cynthia M. Dwnont, in the swn of $8,840.96, plus costs in this action. GODFREY & COURTNEY By Steve . courtn~ At! ey J.D. No. 74669- P. . Harrisburg, PA 17112 (717) 540-3900 DOClInlt!nl #: 179050. J SEP-18-2003 09:29 RMERICHOICI::. ~cu "(l"(b='"(..:l(l.,,) r-.ro;::>/IO=' .- ,... , GUARANTY This GUtfANTY, made thjs 3~ day of~V\vu.nL ,2003, by and from c.ynth;q UAI"\~ , hereinafter referred to as 'GUARANTORS(S)" to AmeriChoice Federal Credit Union. Mc:chanicsburg, Pennsylvania, OBLIGEE, a federally chartered credit union with its principal office at 20 Sporting Green Drive, Mechanicsburg, P A . -In order to induce the credit limon to loan ~N~ ~ r.VlJ ;(\.ll.. ($ ~~. O() ) total note principal plus interest, to ~ J'I'ban~ Ire... _ , hereinafter referred to as ) / .3 , ~3, bearing huJJ- ~ "OBLIGOR(S)" pursuant to the tenns of a Note dated even date herewith, and given to secure the payment of said Note, the Guar4lltor(s) hereby agrees(s) with AmcriChoicc Federal Credit Union as follows; 1. The Guarantor(s) hereby unconditionally guarantee(s) the prompt, punctual, and full payment of the principal andlplus interest on the Note in accordance with the terms thereof, all as completely and effectuany as if such Guaranty had been made by the Guarantor(s) in writing and signed by himlher/them on the face of the Note; 2. Guarantor(s) unconditionally guarantee(s) the prompt, punctual, and .full performance by the Obligor(s) of any and all of the agreements, covenants, term, and conditions . -agreed te be performed by tITe Obligor(s) under the proVisions of the Note; 3. Guarantor(s) do(es) further agree that ifa default under the aforesaid Note shll occur, then the Guarantor(s) will promptly make or cause payment to be made under the Note and will perform Or cause to be performed an such terms, covenants, and conditions oflhe Note; 4. Gurantor(s) further agrees that hislher/their liability hereunder as Guarntor(s) shall not be impaired or affected by any renewal or extension which may be made of the time of the payment of the aforesaid Note or of the time for performance by any part obligated thereto of any ofthe terms of provisions of the aforesaid note; SEP-18-2003 09:29 AMERICHDICE FCU '(l'(b':l'(S(1..:S I".k:lb/k:l':l S. The Guarantor(s) agrees that he/she/they may be joined in any action against the Obligor(s) and that recovery maybe had against the Guarantor(s) either in such action or any independent action without exhausting any remedy or claim against the Obligor(s); 6. The Guarantors(s) further agrees that any claim he/she/they may be joined in any action against the Obligar(s) for any payment which he/she/they haslhave made while the Note is outstanding shall not, without the consent of the holder of the Note, be enfoTCed or any payment made thereon until the aforesaid Note has been paid in full and di scharged. 7. This Guaranty may be enforced by the Obligee, its respective successors and assigns, and by any subsequent holder of the Note. 8. - The obligations and liabilities imposed on the Guarantor(s) by this Guaranty shall be binding upon hislher/their distributees, heirs, successors, and assignees, and Guarantor(s) hereby expressly waive(s) any acceptance thereof; 9. The Guarantor(s) shall be jointly and severally liable under this Guaranty. 10. It is further agreed that in the event there is any default in the payment of the principal andlplus interest of the aforesaid Note and action is taken by the Obligee against the Guarantor(s) herein, then this Guaranty may be entered of record in Cumberland County and the Guarantor(s) do(es) hereby confess judgement in favor ofthe Obligee and do(es) hereby authorize and empower any attomeyofrecord to appear for himlher/them and confess judgment against himlher/them for the amount of the claim brought by the Obligee against hirnlher/them. GU~S) 4; GUARANTOR(S) GUARANTOR(S) ~.. WITNESS ~ ~,13u- Q"""",")~ATE r~~ DATE DATE DATE 1-5'-<8 t~~~ .If-ft:() _ w Ir) (f '- .lr} 0 I ~ ~ ~ ~ r ---.c ~ R J:: ~ P -/ _. ~~. f ~~ " ) ) .., l.:.-) ~~ " ~ .. ::=J .. +- :~ Rpr 19 05 12115p p.2 AlMERICHOICE. FCU Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA : vs (rYNTHlA M. DUMONT Defendant NO. 2003 5342 : CIVIL ACTION - LAW P!UECTPE TO WTTHhRA W JVDGMEMT I Amcrichoicc hereby withdraws the judgment entered of record October 2003 due to the !tiling ofa Chapt,:r 7 Bankruptcy petition, case #1-03-0620&, by the Defendant Cynlh.ia M. ! ! Dumont. . Ie n C. 'ourtney, EsqUjrc"~ Attorncy for Party Filing 2215 Forest Ilills Drive Suite 36 Box 6280 Harrisburg, P A 17112 Phone: 717-540..3900 ,~, C::. '.::"-::1 (:n ::!t ~ o 0:;> C.) --n ...., '"')'- ~"ii .~ ~- ----...