HomeMy WebLinkAbout09-0007~' e ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
BROC SUPPLY CO., t/a BROC
KITCHEN & BATHS,
Plaintiff
File No. Oq- ()pp7 ~,IViI tPXM+
vs.
VANGUARD HOMES, INC. and
EDWIN L. GLASGOW,
Defendants
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY OF SAID COURT:
Enter Judgment in favor of Plaintiff, Broc Supply Co., t/a Broc Kitchen & Baths and
against Defendant, Edwin L. Glasgow. in accordance with the attached Confession of Judgment
for Money.
( ) Assess damages as follows:
Debt-------------------------------------------------------------
Interestfrom---------------------------------------------------
Attorney's Commission-------------------------------------
TOTAL----------------------------------------------------------
$4,961.97
$4,961.97
(xx) I certify that the foregoing assessment of damages is for specified amounts
alleged to be due in the Complaint and is calculable as a sum certain for the Complaint.
(xx) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I
certify that a copy of this praecipe has been mailed to each other party who has appeared in the
action or to his/her Attorney of Record.
(N/A) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent to file this
praecipe was mailed or delivered to the party against whom judgment is to be entered and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the
date of the filing of this praecipe and a copy of the notice is attached.
DATE: December 23. 2008
Signature:
Print Name: William G. Malkames, Esq.
Attorney for: Plaintiff
Address: 509 W. Linden Street
Allentown, PA 18101
Telephone: 610-821-8327
Supreme Court ID No.: 08037
NOW, ~Ql1, o~ , 200 JUDGMENT IS ENTERED AS ABOVE.
Prothonotary
By:
IN T URT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
Broc Supply Co, Trading As Broc ~ ' 000 C t V t I ~ ~~ Mt
Kitchen & Baths
VS File No: 2008-N-1601
Vanguard Homes Inc, Edwin L Glasgow
CERTIFICATION OF UDGMENT
Pursuant to applicable judgment acts,* I, the undersigned Clerk of Judicial Records of
Lehigh County, Commonwealth of Pennsylvania, do hereby certify that the judgment in the
above case was entered in favor of
Broc Supply Co, Trading As Broc Kitchen 30 S Keystone Avenue
& B aths Emmaus, PA 18049
And against
Vanguard Homes Inc 413 Johnson St
Jenkintown, PA 19046
Edwin L Glasgow 2220 Market St
Camp Hill, PA 17011
On the 10th day of December, 2008, in said case in the amount of $4,961.97.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on
the 16th day of December, 2008
Anc',rea E. I~laugle
Lehigh unt erk of dic' 1 Re rds
By: ~ i
De
Uniform Faiforcement of Foreign Judgments Act CVfi
Pa.R.C.P. 3002(a)
42 PA.C.S.A.4306
(rev.12/99)
•'
l~~~.
fin'
12/09/08 c:lpfeadinglBroc Supply Confession of Judgment for Money (as)
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
BROC SUPPLY CO., t/a BROC )
KITCHEN & BATHS, )
Plaintiff )
vs. )
VANGUARD HgMES, INC. and )
EDWIN L. GLASGOW, )
Defendants )
No. ~~~- fU. ~~ ~ r
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in Installment Judgment Note, a true and correct
(copy of which is attached to the Complaint in this action, I appear for the Defendants and
(confess judgment in favor of the Plaintiff and against the Defendants as follows:
A. Balance of Installment due on or before
November 30, 2008
B. Attorney's fees
Respectfully submit#ed,
MALKAMES LAW OFFICES, by
tld '1~! N(1C~3 ,SiE~~~
llhi:'
S18f1U3 7 }!?1~i3
$4, 711.97
250.00
$4,961.97
Wil am G. Malkames, Esquire
I.D. No. 08037
Attorney for Plaintiff
509 Linden Street
Allentown, PA 18101
Phone: 610-821-$327
Fax: 610-821-5851
65 =Z 4~d 01 3 ~~ ~0
I, Artdroa E. Naupb, Clerk of Judk~al Records of the Court
of Common Plsas of Lehigh County, Albntown, PA do
rsc~w d filed ~ ~~ Court and oomsct copy of the orpinal
Andros E. Naupb, Clerk of Judicial Records
~ Depul)r
, I- .
IN THE COURT OF COMMON PLEAS OF LENIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
BROC SUPPLY CO., t/a BROC
KITCHEN 8 BATHS,
Plaintiff
vs.
VANGUARD HOMES, INC. and
EDWIN L. GLASGOW,
Defendants
No
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
1. The Plaintiff, Broc Supply Co. is a Pennsylvania corporation t/a "Broc Kitchens 8~
Baths, with its principal office at 30 S. Keystone Avenue, Emmaus, Lehigh County,
Pennsylvania 18049.
2. The Defendant, Vanguard Homes, Inc. is a corporation having its an office at 413
Johnson Street, Jenkintown, Montgomery County, Pennsylvania 19046.
3. Edwin L. Glasgow, is an individual residing at 2220 Market Street, Camp Hill,
County, Pennsylvania 17011.
4. Plaintiff filed a suit against Defendant Vanguard Homes, Inc. in the Court of
Common Pleas of Lehigh County, Pennsylvania to No. 2007-C-3558 seeking payment of the
sum of $18,130.46 with interest and costs of suit.
5. Defendant Vanguard Homes, Inc. and Edwin L. Glasgow, a principal of Vanguard
entered into a Settlement Agreement dated May 21, 2008 agreeing to pay the sum of
$16,111.97 to Plaintiff in full settlement of the aforesaid debt, a copy of which is attached hereto
and marked Exhibit "A".
6. Defendants have also executed and delivered to Plaintiff an Installment
Judgment Note and an Acknowledgement of Confession of Judgment dated May 21, 2008
~~ copies of which are attached hereto and marked Exhibits "B" and "C".
7. The Installment Judgment Note has not been assigned.
8. Defendants have paid two (2} installments under the Settlement Agreement in
the amount of $10,741.32 and an additional $658,68 in prepayment of the third installment.
Defendants have failed to pay the $4,711.97 balance of the final installment of $5,369.68, which
'was due on or before November 30, 2008.
9. The Installment Judgment Note provides as follows:
"On non payment of any installment when due, all remaining
installments shall at the option of the holder and without notice
become immediately due and payable. To secure payment of this
Note, after due notice to the Makers, sent by certified mail, return
receipt requested, and our failure to cure such default within five
(5) days of the date of such notice is placed in the mail, we hereby
authorize, irrevocably the Prothonotary, Clerk of Court, or any
Attorney of any Court of Record to appear for me in such Court, at
any time (before or} after maturity and confess a judgment against
Makers in favor of any holder of this Note with (or without} the
filing of an Averment of Default, with release of errors, without stay
of execution, and for such amount as may appear to be unpaid
thereon, together with charges, attorney's fees and costs as
herein provided, and Makers hereby waive and release all benefit
and relief from any and all appraisement, stay, or exemption laws
of any State, now in force or hereafter to be passed."
10. By reason of the foregoing, the Defendants are presently indebted to Plaintiff in
the following amount:
A. Principal $4,711.97
B. Attorney's fees 250.00
$4,961.97
11. The Installment Judgment Note of May 21, 2008 permits Plaintiff to collect costs
~f suit and an attorney's fee for collection.
12. Plaintiff believes a reasonable attorney's fee for services with respect to the entry
if this Judgment and to enforce this Judgment in collection proceedings would be not less than
$250.00 for which Plaintiff makes claim.
13. Judgment is not being entered by confession against a natural person in a
consumer credit transaction.
14. Defendants are presently indebted to Plaintiff in the following amounts:
A. Principal $4,711.97
B. Attorney's fees 250.00
$4,711.97
WHEREFORE, Plaintiff demands judgment be entered in its favor against Defendants in
the amount of $4,711.97.
Respectfully submitted,
MALKAMES LAW OFFICES, by
- -~.-~.
William G. Malkames, Esquire
I.D. No. 08037
Attorney for Plaintiff
509 Linden Street
Allentown, PA 18101
Phone: 610-821-8327
Fax: 610-821-5851
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LEHIGH
VERIFICATION
Unswom
Pa.R.Civ.P. No. 1024
The undersigned hereby states that I am President of Broc Supply Co., t/a Broc Kitchen
8 Baths, that I am authorized to execute this Affidavit in its behalf, and that the statements of
fact made in the foregoing document are true and correct to the best of my information and
belief. The language of the document was prepared on the advice of our attorney. If the
document contains averments which are inconsistent in fact, then I have been unable after
reasonable investigation to ascertain which of the inconsistent averments are true, but to the
best of my information and belief, one of them is true. I understand that the statements herein
are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification
to authorities.
Broc Supply Co., Ua Brock Kitchen 8 Baths
By:
Chris Birosik, President
/2/~oB
Date
SETTLEMENT AGREEMENT made this 21 s` day of May, 2008, by and between BROC
SUPPLY CO., t/a BROC KITCHEN & BATHS, of 30 S. Keystone Avenue, Bethlehem,
Pennsylvania 18049, "Plaintiff', and VANGUARD HOMES, INC., of 413 Johnson Street,
Jenkintown, Pennsylvania 19046 and EDWIN L. GLASGOW, individually of 2220 Market Street,
Camp Hill, Pennsylvania 17011.
WHEREAS, Broc Supply, Co., ("Broc")filed suit against Vanguard Homes, Inc.
("Vanguard") in the Court of Common Pleas of Lehigh County, Pennsylvania to No. 2007-C-
3558 seeking payment of the sum of $18,130.46 with interest and costs of suit; and
WHEREAS, Vanguard filed an Answer disputing liability; and
WHEREAS, Edwin L. Glasgow, herein called "Glasgow", is a principal of Vanguard; and
WHEREAS, Broc, Vanguard and Glasgow have agreed to settle the claims giving rise to
the aforesaid suit No. 2007-C-3558 upon the terms and conditions herein set forth.
NOW THEREFORE, the parties intending to be legally bound, agree as follows:
1. The preambles of this Agreement are incorporated herein by reference.
2. Vanguard and Glasgow, as a co-obligor, shall pay to Broc the total sum of
$16,111.97 in three installments as follows:
A. One-third or $5,370.66 on or before May 30 , 2008;
B. One-third or $5,370.66 on or before August 30, 2008;
C. One-third or $5,370.66 on or before November 30, 2008.
3. Vanguard and Glasgow shall execute and deliver to Broc an Installment
Judgment Note as evidence of the aforesaid indebtedness. The Note shall not bear interest if
payments are made when and as they come due. If any payment is not made on or before the
due date, Broc may enter judgment upon the Note against both Vanguard and Glasgow and
thereafter the judgment shall bear interest at the rate of 6% per annum.
EXHIBIT "A"
4. The parties acknowledge that they requested the Board of Arbitrators si#ting with
respect to the aforesaid suit No. 2007-C-3558 to enter a nominal award in the amount of $0.04
in favor of Broc against Vanguard. Broc shall not enter judgment on the Award and shall satisfy
the Award upon receipt of the #hird installment payment.
5. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
Broc Supply Co., t/a
Broc Kitchen 8~ Baths
a,_
Vanguard Homes, Inc.
By.
.~~_(SEAL)
dwin L. G sgo
c
INSTALLMENT JUDGMENT NOTE
DATE: May 21, 2008
FOR VALUE RECEIVED, Vanguard Homes, Inc. and Edwin L. Glasgow (herein called
"Makers"} promise to pay to the order of Broc Supply Co. or its assignee or nominee,
$16,111.97 with interest on the unpaid balance at the rate of 6%per annum if not paid when
due, without offset, in two (2) successive monthly installments of $5,370.66 each, and a final
installment of $5,369.68 the first installment payable on or before May 30, 2008, and the
remaining two (2) installments on August 23, 2008 and November 30, 2008 On non payment of
any installment when due, alt remaining installments shall at the option of the holder and without
notice become immediately due and payable. To secure payment of this Note, after due notice
to the Makers, sent by certified mail, return receipt requested, and our failure to cure such
default within five (5) days of the date such notice is placed in the mail, we hereby authorize,
irrevocably the Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear
for me in such Court, at any time (before or) after maturity and confess a judgment against
Makers in favor of any holder of this Note with (or without) the filing of an Averment of Default,
with release of errors, without stay of execution, and for such amount as may appear to be
unpaid thereon, together with charges, attorney's fees and costs as herein provided, and
Makers hereby waive and release all benefit and relief from any and al! appraisement, stay, or
exemption laws of any State, now in force or hereafter to be passed.
Any of the following occurrences shall constitute an event of default by the Makers:
A. Makers shalt default in due and punctual payment of either principal or
interest on the Note, and such default shall continue uncured for a period of 5 days or
EXHIBIT "B"
1
B. Either of the Makers shall make an assignment for the benefit of creditors
or shall be adjudicated bankrupt; or
C. Any proceeding shall be commenced by the Makers or anyone of them
relating to any of them under any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt or liquidation, law or statute or federal or any state government whether
now or hereafter in effect or any such proceedings shall be instituted against the borrower or the
corporation and an order approving of such petition is entered or proceeding shall remain
undismissed for a period of more than 30 days; or
D. The Makers by any action shall indicate its approval or, consent to, or
acquiescence in such proceeding or in the appointment of a trustee or a receiver of the Makers
of all or substantially all of the assets of the Makers, or any such trustee or a receiver of the
Makers of all or substantially all of the assets of the Makers, or any such Trustee or Receiver
shall not be discharged within a period of 30 days after the appointment thereof;
Then and, in such event, Broc Supply Co., or its nominee or assignee may, by written
notice to the Makers, declare the principal of and in#erest accrued on the Note to be forthwith
due and payable without presentment, demand, protestor other notice of any kind, aN of which
are hereby expressly waived.
Vanguard Homes, Inc.
.~•
By~
Edwin t_. asgow, President
^ {SEAL}
dwin t_. asgo
f ~
ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT
INITIALIcD
,J/ TIIE UNDERSIGNED ACKNOWLEDGE(S) AND AGREE(S) THAT THE
!~~~ UNDERSIGNED ARE (IS) EXECUTING AND DELIVERING TO THE HOLDER
OF THE DOCUMENTS (`HOLDER"), A LOAN AGREEMENT, PROMISSORY
`i ~% NOTE, SURETY AGREEMENT OR OTHER LOAN DOCUMENT WHICH
CONTAIN A CONFESSION OF JUDGMENT CLAUSE PURSUANT TO WHICH
THE HOLDER IS AUTHORIZED TO ENTER A JUDGMENT AGAINST THE
UNDERSIGNED AND IN FAVOR OF THE HOLDER UPON THE OCCURRENCE
OF AN EVENT OF DEFAULT PURSUANT TO THE TERMS OF SUCH LOAN
DOCUMENT. INCONSIDERATION OF THE WILLINGNESS OF THE HOLDER
TO EXTEND CREDIT AS PROVIDED FOR IN SUCH LOAN DOCUMENT AND
ANY RELATED LOAN DOCUMENTS, THE UNDERSIGNED HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY ACKNOWLEDGES,
CQNSENTS, AND AGREES AS FOLLOWS:
(a} THE UNDERSIGNED ARE (IS) FULLY AWARE OF THE RIGHTS
OF THE UNDERSIGNED TO PRIOR NOTICE AND HEARING ON THE
~~,~%% VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE
~~%f/` UNDERSIGNED BY THE HOLDER UNDER THE LOAN DOCUMENTS BEFORE
JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OF THE UNDERSIGNED
CAN BE GARNISHED AND ATTACHED;
(b) THE UNDERSIGNED ARE (IS) FULLY AWARE THAT BY
~~ AUTHORIZING CONFESSION OF JUDGMENT, THE UNDERSIGNED ARE {IS)
GIVING UP THE RIGHT OF THE UNDERSIGNED TO ANY NOTICE OR
~~~ OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDGMENT IN
FAVOR OF THE HOLDER AND PRIOR TO GARNISHMENT AND ATTACHMENT
OF BANK ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED;
,.~/~ (c) THE UNDERSIGNED ARE {IS} FULLY AWARE THAT A
~~!! JUDGMENT ENTERED AGAINST THE UNDERSIGNED WILL CONSTITUTE A
LIEN UPON ANY REAL ESTATE OF THE UNDERSIGNED LOCATED IN THE
i,~~ COUNTY IN WHICH JUDGMENT IS ENTERED AND WILL ENTITLE THE
HOLDER TO IMMEDIATE ATTACHMENT AND GARNISHMENT OF BANK
ACCOUNTS AND OTHER FERSONAL PROPERTY OF THE UNDERSIGNED
WITHOUT PRIOR NOTICE;
%~/ (d) THE UNDERSIGNED WAIVE(S) THE RIGHTS WHICH THE
a~~~ UNDERSIGNED HAVE (HAS) TO PRIOR NOTICE AND HEARING ON TIME
/// VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE
G~~ UNDERSIGNED BY THE HOLDER UNDER THE LOAN DOCUMENTS AND
AGREES THAT UPON OCCURRENCE OF ANY EVENT OF DEFAULT UNDER
EXHIBIT "C"
THE LOAN DOCUMENTS, OR AT ANY TllVIE THEREAFTER, THE HOLDER
MAY OBTAIN A JUDGMENT AGAINST THE UNDERSIGNED WITHOUT THE
UNDERSIGNED'S PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE
OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR
OTHER CLAIM WHICH UNDERSIGNED MAY HAVE, AND MAY GARNISH
AND ATTACH THE ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED
WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING; .
(e) THE UNDERSIGNED ACKNOWLEDGE(S) THAT THE
/~~~ UNDERSIGNED WILL BE UNABLE TO CHALLENGE THAT JUDGMENT IN THE
/~ EVENT THAT THE HOLDER ENTERS THE JUDGMENT, EXCEPT BY
~~~` PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A
PROCEEDING WILL REQUIRE PAYMENT OF ATTORNEY'S FEES AND COSTS
BY THE UNDERSIGNED;
{f) THE UNDERSIGNED REPRESENT(S) AND WARRANT(S) THAT
~~G~THE LOAN FOR WHICH THE UNDERSIGNED HAS BECOME OBLIGATED FOR
REPAYMENT PURSUANT TO THE LOAN DOCUMENTS HAS BEEN
~`~~~ ADVANCED FOR BUSINESS/CONSUMER (STRIKE ONE) PURPOSE.
1N WITNESS WHEREOF, and intending to be legally bound hereby, the
undersigned has ~dyty executed this Acknowledgement of Confession of Judgment this
day of ~{/~A-t1 Z/ , 2008.
UNDERSIGNED
{If Individuals, partnership, etc.)
Business Name {if any)
UNDERSIGNED
(If Corporation)
~~~ V~_D ~1v1 rS l N ~ ,
Corporate Name
By: ~c/~~~v-;
Ti le:
By:
Title:
Attest:
Title:
{CORPORATE SEAL)
Witness
! ~ IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY PENNSYLVANIA -CIVIL DIVISION
CASE SUMMARY
CASE N0.2008-N-1601
Broc Supply Co, Trading As Broc Kitchen & Baths § Location: Civil
VS § Filed on: 12/10/2008
Vanguard Homes Inc, Edwin L Glasgow §
CASE INFORMATION
Case Type: Note
Sub Type: Jdgt on Note
PARTY INFORMATION
Creditor Broc Supply Co
Trading As Broc Kitchen & Baths
30 S Keystone Avenue
Emmaus, PA 18049
Attorneys
Malkames, William G., Esq 610-821-8327
Retained
Debtor Glasgow, Edwin L
2220 Market St
Camp Hill, PA 17011
Vanguard Homes Inc
413 Johnson St
Jenkintown, PA 19046
DATE EVENTS & ORDERS OI~"rIIE (:Oi%KT INDEX
DISPOSITIONS
12/10/2008 JDGT ON NOTE
2:59 PM
Status: Active, Debtor: Vanguazd Homes Inc, Debtor: Edwin L Glasgow, Creditor: Broc Supply
Co, TA Broc Kitchen & Baths, Amount: $4,961.97
EVENTS
12/16/2008 Certification
of Jdgt to Montgomery County, Pa. Fait.
12/16/2008 Certification
of Jdgt to Cumberland County, Pa. Exit.
DATE; FINANCIAL:. INNORMA'fION
Creditor Broc Supply Co
Total Chazges
Total Payments and Credits
Balance Due as of 12/16/2008
12/10/2008 Charge
12/10/2008 Counter Payment Receipt # 2008-028173
12/15/2008 Chazge
12/15/2008 Counter Payment Receipt # 2008-028480
I, Andrea E. lraupb, of Judicial Records of the Court
of Common Pbas of high County, lutsntown, PA do
certify that this is i true and Domed copy of the orpinal
record filed in said-Court.
Andiba E.l~laupb, Clerk of Judktial Records
Y PAGE 1 OF 1
79.00
79.00
0.00
45.00
(45.00)
34.00
(34.00)
Creditor Broc Supply Co
Creditor Broc Supply Co
Creditor Broc Supply Co
Creditor Broc Supply Co
Printed on 12//6/2008 at 8:13 AM
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