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HomeMy WebLinkAbout04-2143 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAVELINE DIRECT, INC. Plaintiff, V. JEN PUBLICATIONS, INC. Defendant. CIVIL ACTION- LAW CAUSENO.: CONFESSION OF JUDGMENT Pursuant to the authority contained in the Promissory Notes which are attached to the Complaint filed in this action, I appear for Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal sum due: $ 38,525.50 Late fees: 2,076.28 Attorney's fees: 2,076.28 $ 42,876.06 Together with post judgment interest, charges, fees, expenses, costs of court and reasonable attorneys fees as allowed by the Warrant of Attorney for Confession of Judgment contained in the Promissory Notes attached to the Complaint. J/,~ BY:/Don~al d R .4~R eavey!~ Attorney ID No. 82498 Michael B. Volk, Esquire Attorney I.D. No.: 88553 2933 North Front Street Harrisburg, PA 17110 717) 233-4101 Prothonotary' IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAVELINE DIRECT, 1NC. § CIVIL ACTION - LAW Plaintiff, § CAUSE NO.: Oq- tq3 ', it v. § JEN PUBLICATIONS, INC. § Defendant. § COMPLAINT FOR CONFESSION OF JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Waveline Direct, Inc., Plaintiff in the above styled and numbered cause of action and respectfully shows the Court the following: 1. Plaintiffis Waveline Direct, inc., a Pennsylvania Corporation having is place of business at 192 Hempt Road, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is Jen Publications, Inc., (hereafter, "Defendant Corporation). The last known address of Defendant Corporation is that of its President, Jamie Brown at 1109 Shannon Lane, Carlisle, PA 17013. 3. Attached to this Complaint as Exhibits "1", "2" and "3" and hereby incorporated by reference are true and correct copies of the Promissory Notes executed by Janfie Kizer in her capacity as President of Defendant Corporation. 4. The Promissory Notes have not been assigned. 5. Judgment has not been entered on the notes in any jurisdiction. 6. Default on the note attached as Exhibit "1" occurred on or about April 10, 2003 when Defendant Corporation failed make payment in accordance with the terms of the Promissory Note. As such, the entire sum is in default and immediately due and payable. 7. Default on the note attached as Exhibit "2" occurred on or about May 30, 2003 when Defendant Corporation failed make payment in accordance with the terms of the Promissory Note. As such, the entire sum is in default and immediately due and payable. 8. Default on the note attached as Exhibit "3" occurred on or about July 30, 2003 when Defendant Corporation failed make payment in accordance with the terms of the Promissory Note. As such, the entire sum is in default and immediately due and payable. 9. The President of Defendant Corporation and co-maker of the Promissory Note, Jamie Kizer, filed a Chapter 7 Bankruptcy Petition on or about January 26, 2004. In accordance with the terms of the Promissory Note, such an action is to be considered a default for which the entire sum is immediately due and payable. 10. In accordance with the terms of the Notes, is a copy of the Notes, verified by affidavit, shall have been filed in said proceedings, it shall not be necessary to file the original as a warrant of attorney. 1 I. As a result of the foregoing and in pursuant to the terms of the Promissory Notes, Defendant Corporation is liable to Plaintiff as follows: Pr/ncipal: Late Charge Attorney Fees Total Due: Note 1 12,428.50 621.43 621.43 13,671.36 Note 2 13,780.00 689.00 689.00 15,158.00 Note3 15,317.00 765.85 765.85 16,848.70 Less: (3,000.00) (3,000.00) 38,525.50 2,076.28 2,076.28 42,678.06 2 12. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as follows, in accordance with the Warrant of Attorney for confession of judgment contained in the note: a. Granting judgment for Plaintiff in the amount of $40,641.78, plus 6% post judgment interest per annum; b. Granting Plaintiff all costs of Court; c. Attorney fees of $2,076.28incurred in connection with this action, and; Granting such other relief as the Court deems appropriate. Respectfully .s~m~tted, By: ,/"/~/ Donald R. Reavey, Esquire Attorney ID No. 82498 Michael B. Volk, Esquire Attorney I.D. No.: 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 3 VERIFICATION I, Michael B. Volk, Attorney for Plaintiff in this cause of action, do hereby verify that the facts made in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unswom falsification to authorities. 4 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAVELINE DIRECT, INC. Plaintift; v. JEN PUBLICATIONS, INC. Defendant. CIVIL ACTION - LAW CAUSE NO.: I hereby certify that I am this day serving Plaintiffs' Complaint for Confession of Judgment on the person(s) and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440 and addressed as follows: VIA FIRST CLASS MAIL: Jamie Kizer, President, Jen Publications, Inc. 1109 Shannon Lane Carlisle, PA 17013 O'Brien, Bafic &Scherer ATTN: Robert O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Donald R. Reavey, Esq. Attorney I..D. #82498 Michael B. Volk, Esq. Attorney I.D. #88553 2933 North Front Street Harrisburg, PA 17110 Phone 717-233 -4101 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA WAVEL1NE DIRECT, INC. § Plaintiff, § v. § JEN PUBLICATIONS, INC. § Defendant. § CIVIL ACTION - LAW CAUSE NO.: AFFIDAVIT COMMONVqEALTH OF PENNSYLVANIA § COUNTY OF ~ ~'~6/rrdoq r ~.~ ru:~ § I, Michael B. Volk, an Attorney for Plaintiffin the above styled and numbered cause of action, being duly sworn according to law, deposes and says that he has the authority to sign this Affidavit on behalf of Plaintiffand that the facts set forth in the foregoing complaint are tree and correct to the best of my knowledge, information and belief; that the copies of the Promissory Notes attached as Exhibits "1", "2", and "3" are true and correct copies of the originals which are held in the files of Plaintiffand which ..·,were., executed and delivered by the Plaintiffto the Defendant Corpora. · Y ~ Michael B. Volk, Esq. · ' .. S~vom and subscribed to before Methisthe I'~oq-~ dayof ("Y~ r~ ,2004. 82/12/2884 15:11 7175867586 TICKETS 1ST PAGE 12/17 :{ _ 7 PROM/~SORY NOTE For value ref~v~d, thc Undersigned, Sen Publications. Inc.. (Presides), ~{,.~/~, ,.and Jamie M. K/zer IParsonall!3),~ . collectively ~alled the "lWaker%" jo/ntly and severally, promise to pay to the order of Waveline Direct, Inc. the pr/ncipal su~ of $1242S.50, together w/th interest thereon and any additional payments provld~cl for in this Prora/ssory Note and the accorspany/ng Agreement, the said Agreement beating even date and being incorporated herein by reference. 'r~o pdacipaI and interest due hel~und~r shall be payable as follows: I. Paymontof$6214.25BolagduoonMareh 14tlL with the final paymeut of $6214.25 prmmpal being due on April 10~ -003. 2. If any payment is received by Wavel/ne D/root, h~c. moro ;ban ] $ days aR~r the due date, a 5% late charge shall be added thereto. The Makers shall be in default upo~ the occurrence of any of thc following events and a/'ter 30 days written notice to the Makers of said de~t: (1) ~e non~t wh~ due of~y amount payabl~ hcrcuad~; if M~rs, or ~y ofth~, become insolv~ or ~e ~ ~sfg~t ~r ~8 ~efit of ~ediWrs, or ifa~y portion is filed by or a~nst Ma~rs, or ~y of them, under provision of ~y iow or statute alleging that such ~car is insolvent or ~ble to pay d~ as they ma~re, iocluding, but not limJ~d to, ~e Federal B~ Law. Whcnecer the Makexs shall be in default as above defined, unloss WavelLne Direct, Inc., elect otherwise, the entire uupaid baL~lce oft.he debt evidenced by this Promissory Note shall become immediately due and payable without notice to or demand on Makers, ar any ofthers- The Ma.keri waive aH rights to stay of · xecutian a~d exemption of property in any action to enforce this Promissory Note. TIlE MAKERS AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD 1N TKE UNITED STATES OF A/VI~_2~CA IN THE EVENT OF A DEFAULT HEREUNDER. AS ABOVE DEFIIWED, TO APPEAR FOR AND TO CONFESS JUDOMti~T TH~rlq AOAINST THlZM, THE MAKERS, OR ANY OF THEM, FOR THE UNPAID BALANCE OF PRINCIPAL THI~ DUE, TIlE INTR]SST TKER.~ON, TOOETI-iF.,R WITH COSTS OF SUIT, PLUS 5% OF THE PRINCIPAL AND INTEREST THRN DUE AS AN ATTO~'S FEI~, wrI'H RELEASE OF ALL ERRORS. IF A COPY OF THIS NOTE, VEKIFED BY AFFIDAVIT, SHALL HAVE BEEN FILED IN SAID PROCEEDINGS, IT SHALL NOT BE NECESSARY TO FILE THE OPJGINAL AS A WARRANT OF ATTORNEY. THE MAI<.E1LS, AND EACH OF THF, M, REKEBY WAIVE THE KIGHT TO ANY STAY OF EXECUTION AND TIlE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFECT. Any fa/lure by Waveline Direct, Zuc. to exercise any right hereunder shall not be constru~ as a waiver of the right to exercise the same or any other r/ght al any other time. The makers, and each of ;bern. hercby waive presentment, demand, notice of dishonor, notice ofprot~ast and protest, and all other requirements necessary to hold ;bern liable as Makem hereof. The Makers, and each of them, hei'aby consent w any and all extensions of time, renewals, waivers, or modifications that may be granted by Waveline Direct, Inc. with respect to the payment of or other provisions of this Promissory Not~. 192 HEMPT ROAD · MECHANICSBURG, PA 17050 717-795-8830 · 1-800-257-8830 · FAX: 717-795-8836 e-maih waveline @ wavelinedirect.com www. wavelinedirect.com · ftp;//www.wavelinedirect.com EXHIBIT ~02/i2/2004 i5:ii 7175057506 TICKETS 1ST PAGE 13/17 IN WITI~ESS %TIEREOF, aad h~te~di~g to be legally bound hereby, ~e ~ have si~ thi~ ~ement ~d ~ ~e c~e of ~ ~bli~o~, ~c. ~ve ~used it ~ be execu~d by its ~esi~at, l~ie M. ~ ~11 sJ~ person~y ~d s~ely ~ a c~m~er, ATTEST: ~g PUBLICATIONS 82/12/2~4 15:ii 717506750G TICKETS 1ST PAGE 89117 _? PROMI$$ORV NOTI~ For value rec~'~, the UndersiZed, Jen Pub~;cafio~, lnc..(Pr~id~nt), ~ , ~d Jamie M. (Pe~n~ly)~ ~l~l~vc[y ca,led ~e "~rs," jointly ~d sev~lly, pmmi~ to pay to thc order of Wa~line D~ I,c. the pd~ip~ sum of $15317.00, mgetherwJ~in~rest~e~nand~y~difionaI paymen~ ~d~ for tn ~is ~misso~ Note ~d the ac~mp~ying ~mon; the ~id ~ent be~ even ~ ~d berg inco~o~ ~c~in ~ ~cc. ~e pgncJpal ~d int~st duc hcreund~ 1. Payment of $7658.50 due on J~e 30a. 2003, wl~ ~a ~nal pa~ of $7658.50 being ~ on July 30~, 2003. 2. If ~y pa~gn/{s r~tJved by Wavel~e DJm~, [ne, mo~ ~ 15 ~ a~er ~e due da~, a 5% late ch~e sh~l be ~ed th~. ~a ~e~ ~11 be in default upoa the oocu~e of ay of~e ~llo~ng e~n~ ad fl~ 30 a~ ~n nod~e ~ ~e M~ of said deiul:: (I) the nonpayment when due of~y amo~t payabl~ h~eunde~ (2) ~Mak~, or ~y of thom, become insolveng or ~ an ~ment for ~ b~nefit of ~edit~, or if any p~on is ~1~ by or a~inst Maken, or ~y of them, under p~vision of~y Iow or statute ~}eg~g that such M~er is insolvent or ~able to pay deb~ as they mau~, including, b~ not limited ~o, B~upmy Law, ~never the ~ sh~l be in de~uJt ~ above d~fine~ u~loss Wavelin~ Dire~ ~c,, ele~ o~ise, · e e~ti~ unpaid bal~ oft~e debt evidenced by this Pmmlsso~ Note shall ~come immodia~ly due ~d p~-~ wi~ou: no:i~e :o or d~and on Make~, or any of them. ~e M~ers waiw all Ngh~ ~ s~y of exertion ~d excretion ofp~pe~ in ~y action to ~e ~]s Pmmi~o~ No~. THE ~KERS A~HO~Z~ AND EMPO~R A~ A~OR~ OF ANY COURT THE ~ITED STATES OF A~CA IN THE ~ OF A DEFAULT ~UND~R, AS ABOVE DEFINED, TO APP~R FOR A~ TO CONFESS ~UDO~ ~E~IN AOA~ST T~M, THE MAKE~, OR. A~ OF T~M, FOR ~ ~PAJD BA~NCE OF P~CIPAL T~EN D~, ~'T~ST THEREON, TOOET~ WITH COS~ OF S~T, PLUS 5% OF ~E P~CIPAL A~ ~EST TH~N DU~ AS AN A~ORNEY'S FEE, WI~ RELEAS~ OF ALL E~ORS. ~ A COPY OF T~S NOT~, VERI~D ~Y ~FIDAVIT, SHALL ~VE BE~ FILED ~ SAID PROCEEDINOS, IT 5H~L NOT BE N~C~SSARY TO FILE ~E O~GINAL AS A W~T OF A~ORNEY. THE M~E~S, AND EACH OF ~M, ~BY WA~E ~E ~G~T TO A~ STAY ~CUTION AND ~E BENEFIT OF ALL ~XE~ION ~W$ NOW OR ~ER EFFECT. Any ~llu~ br Waveline Dire~t, ~c, ~o exemise any right hereund~ shall not be ~o~ed ~ a waiver of · e right m excise ~e s~e or ~y other ~ght a~ ~y o~ ~e make~, ~d each or.em, hereby w~ve presentment, dam~ no~ice of dishonor, p~tesL ~d all oth~ r~quj~menls nocess~ to ~old ~hem liable ~ Mak~ hereof. ~e M~ers, and each or.em, he.by consent to ~y and al1 e~ensloas of time, ~newals, walwa, or modifies:ions ~at may be ~n~d by Wave]ine D~re~, Inc. with r~spea to the payment of or o~er provisions of this ~omissm~ Note. 192 HEMPT ROAD · MECHANICSBURG, PA 17050 717-795-8830 · 1-1~00-257-8830 · FAX: 717-795-E,836 e-mail; waveline @ wavelinedirect .corn www, wavelinedirect, com· ttp://www, wavelinedirect.com EXHIBIT ~02f12/2004 iS:ii 7175067506 TICKETS PROMISSORY NOTE For value r~'.oive~ the Uhdersig~ed, Jen pUblieation~, inc., (President), .-~k~_~ ,and Samie M. KJ~r {Petso..nally_ ,~,/.~,,. collectively called the "Makers," jointly and severeny, prbmise to pay m the order of Waveline D~re~ Inc. the principal sum ors 137a0.00, ingather with interest thereon and any additional payman~s provided for in this Promissory No~e and the accompanying Agreement, the said Ag~aemant be~lg even da~e and being incorporated herein by reft'once. The principal and int~0'~st due hereunder shall be payable as follows: 1. Payment of$6890.00 Being due on Apri130~' with the final payment of $6890.00 principal being due on May 30th, 2003. 2. If my payment is received by Waveline Direc~ Inc. more th~n ] 5 day~ atl~r the due date, a 5% late ebergo shall be added thereto. The Mak~r~ shall be in default upon the occun'~oca of any of th- following events and a~er 30 days written notice to the Makers of said default: (1) the nonpayment when due of any amount payable hereunder; (2) if Makers, ur any of them, become insolvent, or make an assignmant for the benefit of creditors, or if any petitio~ is filed by or against Makers, or ~ny of them, under provision of any law or s~atute alleging that such Makw is insolvent or unable m pay debts a~ they mature, including, but not limited to, the Federal Bankruptcy Law. Whenever the Makers shall b~ in default as above defined, unless Waveline Direct, lng., elect otherwise, the entire unpaid balance of the debt evidenced by this Promissory Note shall become immediately due and payable without notice to or demand on Makers, or any of them. Tho Makers waive all rights to stay of execution and exemption of property in any action to enforce this Promissory Note. THE MAKERS AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE UNITED STATES OF AMERICA IN THE EVENT OF A DEFAULT HEREUNDER, AS ABOVE DEFI'N~D, TO APPEAR FOR AND TO CONFESS JUDGMENT THEREIN AGAINST TI-IEM, THE MAKERS, OR ANY OF THEM, FOR THE UNPAID BALANCE OF PRINCIPAL TItE'lq DUE, THE INTR.HST THEREON, TOGETHER WITH COSTS OF SUIT, PLUS $% OF THE PRINCIPAL AND INTEREST THEN DUE AS AN ATTORNEY'S FEE, WITH t~l.'..t .~.ASE OF ALL F2,RORS. IF A COPY OF THIS NOTE, VERIFED BY AFFIDAVIT, SHALL HAVE BEEN FU~EO IN SAm PROCEEDINGS, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. THE MAKERS, AND EACH OF THEM, HEREBY WAIVE THE RIGHT TO AI~IY STAY OF EXECUTION AND THE BENI~FIT OF ALL EXEMPTION LAWS NOW OR HEREAI:TER IN EFF]~CT. Any failure by Waveltue Direct. Inc. to exercise any right herennd~r shall not be construed as a waiver of the right to exercise the same or any other right at any other time. The makers, and each of them, hereby waive presentment, demand, notice of dishonor, notice of protest and protest, and all other requirements necessary to hold them liable as Makers hereofi The Makers, a~d each of them, hereby consent to any and all extensions of time, renewals, waivers, or modifications that may be graated by Wavelhae Direct, Inc. with respect :o the payment of or other provisions of this Promissory Note. 192 HEMPT ROAD o MECHAN[CSBURG, PA 17050 717-795-88,30 · 1-800-257-8830 · FA)(: 717-795-8030 e.mail: waveline @waveJinedJrect.com www. waveli~edirect.com · ftp://www, waveJinedirecLcom EXHIBIT 82/12/2¢84 15:11 7175~675~16 IiCKE]S 1SI PAC.~ 16/17 IN WITNESS WI4HREOF, and im~,ncli~ to be legacy bored h~by, ~e M~ have si~ ~is ~e~ ~d ~ ~e c~e of ~ ~bli~Qo~s, ln~. ~ve c~used it ~ be exec~ by its ~si~. 3~ie ATT~T: SEN PUBLICA~ONS, INC. 82/].2/2884 15:11 7]L75067586 TICKETS 1ST PAGE 10/17 IN WITNESS WHEiREOF, a~d h~tendi~g to b~ legally bound h~eby, ~e ~rs ha~ si~ ~is A~=ment ~d ~ ~ c~e ofJ~ Publtcatio~ ~. ha~ ~ed it to ~ ~ecu~d by its P~s/d~ M. ~r~ will si~ ~ly ~d s~ly ~ a co-~. ATTEST: ~ PUBLICATIONS, INC.