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Home My WebLink About08-0140 HARTMAN UNDERHILL & BRUBAKER LLP By: Joshua D. Cohen, Esquire Attorney I.D. No. 51914 Brett D. Jackson, Esquire Attorney I.D. No. 87517 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 / (717) 299-3160 (facsimile) Attorneys for Plaintiff, Larry C. Hess LARRY C. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : CONFESSION OF JUDGMENT BRIAN HESS, Defendant : NO. 8 - N6 OCONFESSION OF JUDGMENT I appear for the Defendant, Brian Hess, pursuant to the authority contained in the Judgment Note ("Note") executed by the Defendant and dated August 1, 2006, in favor of the Plaintiff, Larry C. Hess, a true and correct copy of which is attached as Exhibit A to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and against the Defendant, as follows: (a) Principal $ 25,151.61 (b) Accrued Interest (5% per annum; $ 3.49 per diem) $ 244.30 (c) Attorneys' Commission/Fees & Costs $ 2.539.59 TOTAL $ 27,935.50 Plus ongoing interest as provided under the terms of the Note, fees and costs of this action, and attorneys' commission/fees, as provided in the Note. 00499973.2 .00 WHEREFORE, Plaintiff, Larry C. Hess, as authorized by the warrant of attorney set forth in the Note attached to the Complaint and incorporated by reference, demands judgment in his favor against Defendant, Brian Hess, in the total amount of twenty seven thousand nine hundred eight dollars and sixty-three cents ($27,935.50), calculated as set forth above, plus subsequently accruing interest at the rate provided under the Note, attorneys' commission/fees, and other fees and costs associated with the collection of any and all amounts due under the Note. HARTMAN UNDERHILL & BRUBAKER LLP Date: 11?oqs Joshua D. Cohen, Esquire Attorney I.D. No. 51914 Brett D. Jackson, Esquire Attorney I.D. No. 87517 Attorneys for Plaintiff, Larry C. Hess 221 East Chestnut Street Lancaster, PA 17602-2782 00499973.2 -2- HARTMAN UNDERHILL & BRUBAKER LLP By: Joshua D. Cohen, Esquire Attorney I.D. No. 51914 Brett D. Jackson, Esquire Attorney I.D. No. 87517 221 East Chestnut Street Lancaster, PA 17602 Attorneys for Plaintiff, (717) 299-7254 / (717) 299-3160 (facsimile) Larry C. Hess LARRY C. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. CONFESSION OF JUDGMENT BRIAN HESS, Defendant :NO. 68 - NO l COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, Larry C. Hess ("Plaintiff'), is an adult individual residing at 52 Dead End Road, Lititz, PA 17543. 2. Defendant, Brian Hess, is an adult individual residing at 64 Old Pioneer Road, Camp Hill, PA 17011. 3. On August 1, 2006, Defendant and Plaintiff entered into an Agreement for Sale and Purchase of Shares of Integra Graphix, Inc., pursuant to which Defendant purchased 30 shares of stock of Integra Graphix, Inc. ("Shares"), a Pennsylvania 00499927.2 corporation having an address of 160 Koser Road, Lititz, PA 17543. The shares sold to Defendant represent only a portion of all of the shares owned by Plaintiff. 4. A portion of the purchase price for the Shares was to be paid pursuant to the terms of a Judgment Note (the "Note"), dated August 1, 2006, executed by Defendant at closing on the purchase of the Shares. A true and correct copy of the Note is attached hereto as Exhibit A. 5. The Note, in the original principal amount of $40,000.00, imposed interest at a rate of 5% per annum on all amounts of principal remaining due thereunder and required the entire debt to be repaid in monthly installments of principal and interest over a term of three (3) years. Principal and interest were to be amortized over three (3) years, with the Note being payable in full on demand in three (3) years. 6. Failure to timely make the required monthly payments due under the Note constituted a default thereunder, upon the occurrence of which Plaintiff is entitled to, inter alia, accelerate any and all amounts remaining due thereunder. 7. Defendant failed to make the required monthly payments due on December 1, 2007 and January 1, 2008. 8. Defendant has ignored all demands for payment and failed and/or refused to make full payments of all amounts due under the Note. 00499927.2 -2- 9. In light of Defendant's default and refusal to pay the amounts as and when due thereunder, Plaintiff accelerated all amounts due under the Note and demanded immediate payment in full. 10. The Note authorizes confession of judgment against Defendant in an amount equal to all amounts remaining unpaid under the Note, including: (a) the unpaid balance of principal and any and all interest accrued thereunder; (b) 10% of the outstanding balance for collection, or attorney's fees, whichever is greater; and (c) all other costs and expenses of collection. 11. The Note authorizes the entry of judgment by confession against Defendant whether or not a default has occurred thereunder. 12. Plaintiff has not assigned the Note and is the owner and holder thereof. 13. No prior judgment has been entered on the Note in any jurisdiction. 14. An itemization of the amount due under the Note as of the date of this Complaint, including interest and attorneys' commission/fees, as authorized under the Note, is as follows: (a) Principal $ 25,151.61 (b) Accrued Interest (as of January 9, 2008; $ 3.49 per diem) $ 244.30 (c) Attorneys' Commission/Fees & Costs $ 2,539.59 TOTAL $ 27,935.50 15. Interest on the judgment, and all attorneys' commissions, fees, charges and costs collectable under the Note which accrue hereafter, are to be collectable under, and included within, the judgment. 00499927.2 -3- 16. This judgment by confession is not being entered against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Larry C. Hess, as authorized by the warrant of attorney set forth in the Note attached hereto and incorporated by reference, demands judgment in his favor against Defendant, Brian Hess, in the total amount of twenty seven thousand nine hundred eight dollars and sixty-three cents ($27,935.50), calculated as set forth in paragraph 15 hereof, plus subsequently accruing interest at the rate provided under the Note, attorneys' commission/fees, and other fees and costs associated with the collection of any and all amounts due under the Note. HARTMAN UNDERHILL & BRUBAKER LLP Date: $l0 Y By: Joshua D. Cohen, Esquire Attorney I.D. No. 51914 Brett D. Jackson, Esquire Attorney I.D. No. 87517 Attorneys for Plaintiff, Larry C. Hess 221 East Chestnut Street Lancaster, PA 17602 00499927.2 -4- VERIFICATION I hereby verify that I am Larry C. Hess, Plaintiff in the attached Complaint in Confession of Judgment, and that the information set forth in the foregoing document is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ( ?? ?L-Oe l? Lal?y C. Hess 0049 99 27.2 EXHIBIT "A" EXHIBIT "A" JUDGMENT NOTE (Secured by Security Agreement) $40,000.00 Lancaster, Pennsylvania BRIAN HESS, hereinafter called the Maker, of 64 Old Pioneer Road, Camp Hill, Pennsylvania, for value received hereby promises to pay to LARRY C. HESS, of 52 Dead End Road, Lititz, Pennsylvania, the principal sum of Forty Thousand Dollars ($40,000.00), with interest on the unpaid principal from the date hereof at the rate of five percent (51/o) per annum. Principal and interest to be amortized over three (3) years and payable in monthly installments, applied firs to vnteWAnd next to principal, the first such installment being due and payable beginning 1, 2006. The principal balance, together, with any accrued interest, shall be payable, in full, on and three (3) years from the date this Note is made. The Maker shall have the right to prepay the principal thereof in whole or in part prior to its due date. Any such prepayment shall be credited first on interest -then due and the balance on principal, and interest thereon shall cease on the principal so credited; provided, always, however, no such prepayment on account of principal shall relieve the Maker from the obligation to pay principal and interest on each successive regular monthly installment date following such prepayment on account of principal until the unpaid principal with interest has been paid in full. The Maker and any sureties, guarantors, and endorsers of this Note severally waive demand, presentment for payment, notice of dishonor, protest and notice of protest, and diligence in collecting or in bringing suit against any party hereto, and agree to all extensions and partial payments, with or without notice, before or after maturity. If this Note is placed in the hands of an attorney for collection, the Maker agrees to pay the Holder of this Note the greater of ten percent (10%) of the outstanding balance for collection, or actual attorney's fees, together with (in addition to collection fee or attorney's fees) all costs and other expenses (including, without limitation, such fees, costs,. and expenses of litigation incurred by the Holder in enforcing the terms of this Note. To secure payment of this Note, the Maker hereby authorizes any prothonotary, clerk of court, or attorney of any court of record to appear for him in such court and confess judgment against him in favor of any Holder of this Note in the full amount of this Note together with ten percent (10%) for collection or attorney's fees a nd costs as herein provided, release of all errors, waiver of appeals, without; stay of execution, and hereby waives and releases all benefit and relief from any and all appraisement, stay, or exemption laws now in force or hereinafter enacted, provided, however, that Holder shall not execute on such judgment until such time as Maker is in default hereunder. The failure to pay any installment of principal or interest when due gives the Holder the right to declare the entire principal balance, together with accrued interest due and owing, and to confess judgment, or to execute on judgment previously confessed, for that entire balance in accordance with the provisions above. It is agreed that time is of the essence of this Note. This Note secures a commercial obligation evidenced by an Agreement for Sale and Purchaser of Shares of Integra Graphix, Inc., to which agreement Maker is a party. This Note is further secured by a Security Agreement of even date herewith from Maker to Lang C. Hess, granting a security interest in and to the shares being sold under the aforementioned Agreement, and a Stock Pledge and Stock Power from Maker to Larry C. Hess. AFFIRMED and subscribed to ) beford me this 1 ?t day 2006) I. // ) SS 4BCt% Of PENNSYLVANIA &O`PfIrw Seel Marianne E: Stauffer, Notary Public Manheim TWp , Lancaster County My Commission Expires Jan. 19, 2008 z F -Z d Cri J C' J 0 F- ,;; ! -i I O--b Office of Prothonotary of Court of Common Pleas of Cumberland County, Pennsylvania NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Larry C. Hess, Plaintiff, Docket No. ?8 - / ?tu? ?,?E1Z VS. \ Brian Hess, Defendant. . Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case: X Judgment of $ 27,935.50 for Plaintiffs and against Defendants. O Judgment for Defendants and against Plaintiffs. El Order of Decree in favor of Defendants Dated: X6 P5 P OTH *Qy To: Brian Hess 64 Old Pioneer Road Camp Hill, PA 17011 00500008.2 AMAS^69647.1 ( 26960.001 ) 2/8/08 O"PTGINAL BLAKINGER, BYLER & THOMAS, P.C. By: Theresa A. Mongiovi, Esquire Attorney I.D. #80233 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LARRY C. HESS V. BRIAN HESS Plaintiff Docket No. 08-140- Civil Team Defendant ACCEPTANCE OF SERVICE I, Theresa A. Mongiovi, Esquire hereby accept service of the Confession of Judgment Complaint on behalf of Brian Hess and certify that I am authorized to do so. Jer IAA?6? nd esa A. Mongiovi, Esquir Blakinger, Byler & Thomas, C. 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorney for Brian Hess Dated: ! U '2008 AM:MSS 469647.1 ( 26960.001 ) 2/8/08 BLAKINGER, BYLER & THOMAS, P.C. By: Theresa A. Mongiovi, Esquire Attorney I.D. #80233 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LARRY C. HESS Plaintiff V. BRIAN HESS Docket No. 08-140- Civil Team Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the Acceptance of Service upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by FIRST CLASS MAIL addressed as follows: Joshua D. Cohen, Esquire Hartman, Underhill & Brubaker, LLP 221 East Chestnut Street Lancaster, Pa 17602 BLAKINGER, BYLER & THOMAS, P.C. By: Theresa A. Mongiovi, Esqui Attorney I.D. #80233 28 Penn Square Dated: , 2008 Lancaster, PA 17603 (717) 299-1100 Attorney for Brian Hess .r r CO .; OF!c.'?Y. HARTMAN UNDERHILL & BRUBAKER LLP By: Joshua D. Cohen, Esquire Attorney I.D. No. 51914 Brett D. Jackson, Esquire Attorney I.D. No. 87517 221 East Chestnut Street Lancaster, PA 17602 Attorneys for Plaintiff, (717) 299-7254 / (717) 299-3160 (facsimile) Larry C. Hess LARRY C. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BRIAN HESS, : CONFESSION OF JUDGMENT Defendant : NO. 08-140 CIVIL TERM ORDER TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter as satisfied. HARTMAN UNDERHILL & BRUBAKER LLP Atto intiff__ ___ Dated: o By: D. Jackson, e CERTIFICATION AND NOW, this 4'0- day of , 2008, the judgment has been marked as satisfied. Pro onotary 00509710.1 t:.' to r?rf Q 0 i "N T I A I v, HARTMAN UNDERHILL & BRUBAKER LLP By: Joshua D. Cohen, Esquire Attorney I.D. No. 51914 Brett D. Jackson, Esquire Attorney I.D. No. 87517 221 East Chestnut Street Lancaster, PA 17602 Attorneys for Plaintiff, (717) 299-7254 / (717) 299-3160 (facsimile) Larry C. Hess LARRY C. HESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BRIAN HESS, : CONFESSION OF JUDGMENT Defendant : NO. 08-140 CIVIL TERM PRAECIPE TO SETTLE, SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter as settled, satisfied, discontinued and ended. HARTMAN UNDERHILL & BRUBAKER LLP Attoi inti Dated: 31 O ? By: rett D. Jackson, E CERTIFICATION AND NOW, this 444- day of ?, 2008, the docket has been marked as above directed. Pr thonotary 00509546.1 X 33 ?? ?? W