The URL can be used to link to this page

Home My WebLink About08-3770MID PENN BANK, Plaintiff v. WILLIAM KALDES d/b/a THE SPOT RESTAURANT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. l~ - 31'70 C i vi i TerM Defendant ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT DEAR CLERK: Please docket this case by consent and enter the appearance of Marc. W. Witzig, Esquire and Kelly M. Knight, Esquire, Cunningham & Chernicoff, P.C., for the Defendant, William Kaldes d/b/a The Spot Restaurant. With respect to Count I, and 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, we appear for the Defendant, William Kaldes d/b/a The Spot Restaurant, and confess judgment in favor of the Plaintiff and against Defendant, William Kaldes d/b/a The Spot Restaurant, in the amount of: Principal: Attorney Fees $ 3,162.24 $ 3,500.00 $ 6,662.24 Plus continuing pre judgment interest of 6.0% per annum from June 10, 2008; continuing post judgment interest of 11.0% per annum; continuing costs, continuing late charges and continuing attorney fees. COFF, P~ Date: June 25, 2008 gy; W r~ attorney ld~n~fica on No. 29929 Kelly M. Knight, Esqu re PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Defendants Marc W. Witzig, Esquire PA Attorney Identification No.29929 Kelly M. Knight, Esquire PA Attorney Identification No. 87365 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Mailing Address: P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff - v. NO. ~ ~. 3 7 7 a C N~ ~ ~un1 WILLIAM KALDES d/b/a - THE SPOT RESTAURANT, ; Defendant COMPLAINT FOR CONFESSION OF JUDGMENT NOW COMES, the Plaintiff, Mid Penn Bank, by and through its counsel, Cunningham & Chernicoff, P.C., and files its Complaint for Confession of Judgment, and in support thereof avers as follows: PARTIES AND JURISDICTION 1. Plaintiff, Mid Penn Bank (the "Plaintiff' or "Bank"), is a Pennsylvania banking institution with a place of business located at Market Square Plaza, 17 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17101. 2. Defendant, William Kaldes d/b/a The Spot Restaurant, ("William Kaldes") is an adult individual with a last known address of 5908 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Jurisdiction and venue are proper in this county. COUNTI Plaintiff Mid Penn Bank v. Defendant William Kaldes d/b/a The S of Restaurant 4. The Bank incorporates Paragraphs 1 through 3 as if more fully set forth herein. 5. On or about May 18, 2007, William Kaldes executed his certain Promissory Note (the "Promissory Note" or the "Note") for the principal sum of $40,000.00, together with a variable interest rate at an initial rate of 9.25% per annum. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. The Promissory Note relates to the Bank's certain Letter of Credit #411 (the "Letter of Credit") issued for the benefit of William Kaldes and upon which a draw could be made and thereby causing to exist indebtedness of William Kaldes to the Bank. 7. On or about August 16, 2007, a draw was made upon the Letter of Credit and the Bank thereby advanced funds for William Kaldes in the amount of $12,195.33 pursuant to the Letter of Credit. 8. According to the Promissory Note, William Kaldes was to pay the loan in full immediately upon the Bank's demand if and when the Letter of Credit was drawn upon. Such payment was to consist of all principal and accrued unpaid interest not yet paid. 9. The interest rate applicable to the Note is a variable interest rate. 10. As set forth in the Promissory Note, if any payment is fifteen (15) days or more late, then William Kaldes is charged 10% of the regularly scheduled payment or $25.00, whichever is greater. 11. As set forth in the Promissory Note, any failure by William Kaldes to make any payment when due under the Note constitutes a default under the Note. 12. Upon a default under the Note, the interest rate on the Note shall be increased by adding a 5.00 percentage margin. 13. The Promissory Note states that the Bank may, after giving notice, declare the entire unpaid principal balance and all accrued unpaid interest to be immediately due. 14. The Bank is permitted, under the Promissory Note, to hire or pay someone else to help collect under the Promissory Note if William Kaldes defaults in payment, and William Kaldes shall pay the Bank the costs of such. Such amount is to include attorneys fees and legal expenses. 15. The Promissory Note states that once Judgment is entered against William Kaldes in connection with the Promissory Note, interest will continue to accrue after the date of judgment at the rate in effect at the time such judgment is entered. 16. William Kaldes is in default under the Promissory Note because he has failed to make full timely payments to the Bank as set forth in the Promissory Note. 17. The Bank, in good faith, believes itself to be insecure in its repayment of the Note by William Kaldes. 18. The sum due and owing under the Promissory Note is $3,162.24 plus continuing pre judgment interest at a rate of 6.0% per annum from June 10, 2008; continuing post-Judgment interest at a rate of 11.0% per annum; continuing costs; continuing late charges and continuing attorneys fees. 19. The Promissory Note authorizes the Bank to confess judgment against the William Kaldes after default under the Note. 20. Judgment on the Promissory Note has not been entered in any jurisdiction. 21. The Promissory Note has not been assigned. 22. Judgment is not being entered by a confession against a natural person in connection with a consumer credit transaction. 23. The failure of William Kaldes to pay the Promissory Note and continuing default thereunder provide Plaintiff with the authority to file this Complaint. 24. All conditions precedent to the Bank's recovery hereunder and/or entry of judgment by confession, in favor of Plaintiff, have been satisfied and/or waived. 25. On May 18, 2007, William Kaldes executed that certain Disclosure for Confession of Judgment (the "Disclosure"), containing William Kaldes' express acknowledgment that the provision within the Note providing for confession of judgment specifically was brought to the attention of William Kaldes; and that William Kaldes knowingly, intelligently, and voluntarily signed the Note containing the confession of judgment provision and made the other waiver of rights contained in the Note. A true and correct copy of the Disclosure is attached hereto as Exhibit "B" and is incorporated herein by reference. WHEREFORE, Plaintiff, Mid Penn Bank hereby respectfully requests that this Honorable Court enter Judgment by Confession against the Defendant, William Kaldes d/b/a The Spot Restaurant, in the amount of: Principal: $ 3,162.24 Attorney Fees 3 500.00 $ 6,662.24 Plus continuing pre judgment interest of 6.0% per annum from June 10, 2008; continuing post judgment interest of 11.0% per annum; continuing costs, continuing late charges and continuing attorney fees. submitted, . ~~/ Date: June 25, 2008 By; PA A orney I entific~ftion No. 29929 Kelly . Knig Esquire °PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO. 6 ~ - 3 7 7 D ~ rt~~, ~ -f~l~ v. WILLIAM KALDES d/b/a THE SPOT RESTAURANT, Defendant AFFIDAVIT OF LAST KNOWN ADDRESS I, Gregory C. Scheer, Collection Manager of Mid Penn Bank, hereby certify that the last known address of the Defendant, William Kaldes d/b/a The Spot Restaurant is 5908 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. MID PENN BANK (~ Date: ~ a 0 d ~ gy; e, ~ C~-Q~ Grego C. Sc r Collection Manager COMMONWEALTH OF PENNSYLVANIA , SS. COUNTY OF DAUPHIN On this, the ~ day of ~n 2008, before me, a Notary Public, the undersigned officer, personally appeared Gregory C. Scheer, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set (my hand and o a . I COMMONWEALTH OF PE=NNSYLVANIA Notary Pub Notarial Seal Brock J. Glassford, Notary Public Paxton Twp., Dauphin County Commission Expireg Mar. 27, 2010 Member, Pennsylvania Association of Notaries MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. ~ g_ 3~ ~ o c ~ ~ 11 f ~~,~ v. WILLIAM KALDES d/b/a THE SPOT RESTAURANT, ; Defendant . AFFIDAVIT OF KELLY M. KNIGHT, ESQUIRE I, Kelly M. Knight, Esquire, attorney for Plaintiff, Mid Penn Bank, swear and aver as follows: 1. That the Judgment against Defendant, William Kaldes d/b/a The Spot Restaurant, is not being entered by confession against a natural person in connection with a consumer credit transaction. Respectfully submitted, FF, P. Date: ~'a~'Q P~Attorri~ Ider~ication No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this, the ~ S day of~~-'~' `~- , 2008, before me, a Not Public the az3' undersigned officer, personally appeared Kelly M. Knight, Esquire, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunt my hand an fficial G Public 1 l JUL ~MVN~ AM~fiR~irQ, ~!~t•~r~ Public City of H#ril~purg Q~typpin County MY Commi&aion Exp~roa deb, 22, 2011 MID PENN BANK, Plaintiff v. WILLIAM KALDES d/b/a THE SPOT RESTAURANT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~ ~ - 3 ? 7 U ~ .v .` ! -f e~~. CERTIFICATE OF RESIDENCE The address of the Plaintiff, Mid Penn Bank, is Market Square Plaza, 17 North Second Street, Hamsburg, Dauphin County, Pennsylvania 17101. The address of Defendant, William Kaldes d/b/a The Spot Restaurant is 5908 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. Respectfully P. Date: lp ~~,~'~ By: PA`Attorn~y~e~fication No. 29929 Kelly M. Knight, Esquire PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff VERIFICATION I, Gregory C. Scheer, Collection Manager of Mid Penn Bank, verify that the statements made in the foregoing COMPLAINT FOR CONFESSION OF JUDGMENT are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. MID PENN BANK Date: ~ lab l ~ ~ C t ` By: Gre ry C. heer Collection Manager .~., r_. ~ ~i ~-( ~ ~ i , c__ i~ ~,, r~7 ~ ., r -j} MID PENN BANK, Plaintiff ~. WILLIAM KALDES d/b/a THE SPOT RESTAURANT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 6.3776 NOTICE OF ENTRY OF JUDGMENT TO: Mr. William Kaldes d/b/a The Spot Restaurant 5908 Stephens Crossing Mechanicsburg, PA 17050 YOU ARE HEREBY NOTIFIED THAT ON ~ p THE FOLLOWING JUDGMENT HAS BEEN ENTERED AGAIN T OU IN THE ABOVE- CAPTIONED CASE IN THE FOLLOWING AMOUNT: PRINCIPAL: $ 3,162.24 ATTORNEY FEES $ 3,500.00 $ 6,662.24 PLUS CONTINUING PRE-JUDGMENT INTEREST OF 6.0% PER ANNUM FROM JUNE 10, 2008; CONTINUING POST-JUDGMENT INTEREST OF 11.0% PER ANNUM; CONTINUING COSTS, CONTINUING LATE CHARGES AND CONTINUING ATTORNEYS FEES. Pro onot I HEREBY CERTIFY THAT THE NAME AND ADDRESS OF THE PROPER PERSON TO RECEIVE THIS NOTICE UNDER PA. R.C.P. §236 IS: Mr. William Kaldes d/b/a The- Spot Restaurant 5908 Stephens Crossing Mechanicsburg, PA 17050 Por este medio se le esta notificando que el de he sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado de residencia: Mr. William Kaldes d/b/a The Spot Restaurant 5908 Stephens Crossing Mechanicsburg, PA 17050 del 2008, el/la siguiente Fallo F: \I-Iome1KKNIGHTIDOCS\Midpenn\Kaldes\Building\Complaint.61308. wpd