HomeMy WebLinkAbout10-6506BOROUGH OF CARLISLE,
Plaintiff
vs.
BONNIE L. MARTIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 10 - JSG4.
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: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
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, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against Defendant as follows:
Principal: $16,970.79
Interest: 56.64
Attorney's Fees (5%) 851.37
TOTAL: $17,878.80
Plus costs, plus Interest at the rate of $0.47 per diem from October 5, 2010
011
Edward L. Schorpp, squire
Attorney ID No. 17495
35 S. Thrush Drive
Carlisle, PA 17015
717.486.8386
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BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO:
BONNIE L. MARTIN, : CIVIL ACTION - LAW
Defendant :
CONFESSION OF JUDGMENT
COMPLAINT
AND NOW, comes the Borough of Carlisle, Plaintiff in the within matter, by and through
its Solicitor, Edward L. Schorpp, Esquire, and sets forth the follow Complaint against the Defendant,
Bonnie L. Martin, upon the following:
1. The Plaintiff is the Borough of Carlisle, a Pennsylvania borough with principal offices
at 53 W. South Street, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is Bonnie L. Martin, a single person, with last known address of 136
West High Street, Carlisle, Cumberland County, Pennsylvania.
3. There is attached hereto and marked as Exhibit "A" a true and correct photostatic
reproduction of a Note executed by the Defendant in favor of the Plaintiff in the original principal
amount of Twenty Thousand Dollars ($20,000.00), which note contains a confession of judgment;
there is also attached hereto and marked as Exhibit "B" a true and correct photostatic reproduction
of a Disclosure Statement and Explanation of Rights executed by the Defendant.
4. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
5. Neither the Note, a copy of which is attached as Exhibit "A," nor any related loan
documents have been assigned by the Plaintiff.
6. No judgment has been entered on the Note in any jurisdiction to date.
7. The Note, a copy of which is attached as Exhibit "A," required the Defendant to make
monthly payments on the loan indebtedness on the 5?h day of each and every successive month until
paid in full; the Defendant has defaulted and not made any payment on the Note indebtedness since
June 5, 2010.
8. As a result of Defendant's default, there is now owing to Plaintiff the sum of
$17,878.80, computed as follows, plus interest at the rate of 1.00% from October 5, 2010:
Principal: $16,970.79
Interest: 56.64
Attorney's Fees (5%) 851.37
TOTAL: $17,878.80
Plus Interest at the rate of $0.47 per diem from October 5, 2010
WHEREFORE, the Plaintiff, Borough of Carlisle, demands entry of judgment in its favor
and against the Defendant in the sum of $17,878.80, plus interest from October 5, 2010, at the rate
of $0.47 per day, plus costs.
Edward L. Schorp , Esqu' e
Attorney ID No. 17495
35 S. Thrush Drive
Carlisle, PA 17015
717.486.8386
Solicitor, Borough of Carlisle
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Susan D. Armstrong
Assistant Borough Manager
Dated: /d /a /O
Note-Bonnie L. Martin/05.18.2005/6.2.05/6.23.05
NOTE
Dated: ZeSdl. h 2005
At: Carlisle, nnsylvania
$20,000.00
11
FOR VALUE 1?E EIVED, the undersigned Bonnie L. Martin of
(M , {{
5,-r- , Carlisle, Cumberland County, Pennsylvania 17013
(the "Maker"), irrevocab promises to pay to the order of the BOROUGH OF CARLISLE, with
its principal place of business at 53 West South Street, Carlisle, Cumberland County,
Pennsylvania 17013(the "Borough"), the principal sum of Twenty Thousand and 00/100 Dollars
($20,000.00) (the "Loan"), or so much thereof as will be disbursed to the Maker pursuant to the
terms of the Loan Agreement between the Borough and the Maker dated the same date as this
Note (the "Loan Agreement"), upon the terms as set forth herein and the Loan Agreement, for
the renovation of the premises located at 136 West High Street, Carlisle, Cumberland County,
Pennsylvania (the "Premises").
This note bears a one percent (1%) rate of interest. 15eginning on the -r"? day of
2005 and continuing monthly thereafter on the .S ay of each and every month,
payments of principal and interest in the amount of Seventy-Five and 37/100 Dollars ($75.37)
shall be due with the entire principal balance and accrued interest being due Twenty-Five (25)
years from the closing date on the Loan.
The Maker may prepay the principal
This Note is executed and delivered pursuant to the Loan Agreement, and is subject to all
the terns and conditions thereof. This Note is entitled to the security provided for in the Loan
Agreement.
As security for the payment of the Loan, the Maker has executed and delivered to the
Borough a Mortgage (the "Mortgage"), which covers that certain tract of land and improvements
thereon, located at 136 West High Street, Carlisle, Cumberland County, Pennsylvania and an
Assignment of Rents.
THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS:
1. All the terms, covenants, conditions and provisions of the Loan Documents are
incorporated herein by reference and are made a part hereof, and any breach or violation
thereof will constitute a breach or violation of this Note.
2. It shall be an Event of Default under this Note if there is an Event of Default under the
Loan Documents. Upon the occurrence of an Event of Default, the Borough at its option
may declare that the whole unpaid balance of the principal indebtedness, together with
interest and all other sums due hereunder or secured by the Mortgage or required to be
paid to the Borough thereunder, is due and payable immediately without notice to the
Maker.
3. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF
AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST
THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO
CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY
KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE
ADVICE OF THE SEPARATE COUNSEL OF THE MAKER,
UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS
OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR
HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF
THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA.
Upon the occurrence of an Event of Default under this Note (of which an affidavit on
behalf of the Borough will be sufficient evidence), the Maker hereby irrevocably
authorizes and empowers any attorney of any court of record in the Commonwealth of
Pennsylvania, or elsewhere, to appear for and to enter and confess judgment against the
Maker, at any time or times and as of any term, for the principal sum above mentioned,
with or without declaration, with interest and costs of suit, without stay of execution,
and with reasonable attorney's fees. The Maker agrees that any of their property may be
levied upon to collect said judgment and may be sold upon a writ of execution, and
hereby waives and releases all laws, now or hereafter in force, relating to exemption,
appraisement or stay of execution. The authority hereby granted to confess judgment
will not be exhausted by any exercise thereof, but will continue from time to time and at
all times until the Maker has performed all of the other provisions hereof or of the Loan
Documents to be performed by the Maker.
4. All of the covenants herein contained will accrue to the benefit of the successors and
assigns, voluntary or involuntary, of the Borough.
5. The Maker hereby waives the technical requirements of demand, grace, presentment for
payment, protest, notice of dishonor or nonpayment and notice of the exercise of any
option hereunder, except as notice and grace are specifically provided for in this Note or
the Loan Agreement.
6. The remedies provided in this Note and the Loan Documents or otherwise available to
the Borough for the enforcement of the payment of the principal sum and the
performance of the covenants, conditions, and agreements, matters and things herein and
therein contained are cumulative and concurrent and the Borough at its sole discretion
may pursue them singly or successively or together and the Borough may exercise them
from time to time as often as occasion occurs until the Borough has been paid all sums
due in full.
7. The terms and provisions of this Note are severable. This means that if any of the terms,
covenants, conditions or provisions of this Note are unenforceable or invalid under
federal, state or other applicable law, such unenforceability or invalidity will not make
any other of the terms, covenants, conditions or provisions hereof unenforceable or
invalid. If law prohibits any waiver by Maker in this Note, including but not limited to
the waiver of exemption from execution, such waiver will be and be deemed to be
deleted herefrom.
IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused
this Note to be duly executed, the day and year first above written.
WITNESS: Bonnie L. Martin
Bonnie L. Martin - Confession -05.18.05/6.2.05/6.23.05
DISCLOSURE STATEMENT AND EXPLANATION OF RIGHTS
CONFESSION OF JUDGMENT
On the date hereof, Bonnie L. Martin (the "Borrower") entered into a loan agreement (the
"Loan Agreement") with the Borough of Carlisle (the "Lender") providing for a term
loan by Lender to Borrower in an aggregate principal amount not to exceed Twenty
Thousand and 00/100 Dollars ($20,000) (the "Loan"). The Loan is evidenced by a Note,
datedJula 57t? 2005, and issued by the Borrower, payable to the order of the Lender
(the "NoR% a 1?lilortgage, Assignment of Rents and
Loan Agreement (the Loan
Documents"). The Borrower clearly and specifically understands that by signing the
Loan Documents of even date herewith, which contain a confession of judgment clause,
(a) Borrower will authorize the Lender to enter a judgment against Borrower and in
its favor, which will give the Lender a lien upon any real estate, which Borrower
may own;
(b) Borrower will give up the right to any notice or opportunity to be heard prior to
the entry of the judgment;
(c) Borrower will agree that the Lender can enter the judgment prior to proof of non-
payment or other default on Borrower's part;
(d) Borrower will subject all of Borrower's property, both personal property and real
estate, to execution (and Sheriff s Sale), pursuant to the judgment, prior to proof
of non-payment or other default on Borrower's part; and
(e) Borrower will be unable to challenge this judgment, should the Lender enter it,
except by proceeding to open or strike the judgment, and such a proceeding will
result in attorney's fees and costs which Borrower will be obligated to pay.
(f) Borrower will have no opportunity for notice and to have a hearing before
execution is issued on any judgment entered against Borrower, and the Lender,
without prior notice and a hearing, may foreclose upon, attach, levy or otherwise
seize property of the Borrower in full or partial payment of the judgment.
(g) Borrower knows and understands that it is the Confession of Judgment clause in
the Loan Documents, which gives the Lender the rights enumerated in
subparagraphs (a) through (f) of Paragraph 1 above.
2. IF BORROWER DOES NOT SIGN THE LOAN DOCUMENTS WHICH CONTAINS
A CONFESSION OF JUDGMENT CLAUSE, BORROWER UNDERSTANDS THAT
BORROWER WOULD HAVE THE FOLLOWING RIGHTS:
(a) the right to have notice and an opportunity to be heard prior to the entry of
judgment and the issuance of execution on the judgment;
(b) the right to have the burden of proving default rest upon the Lender before
Borrower's property can be exposed to execution; and
(c) the right to avoid the additional expense of attorney's fees and costs incident to
opening or striking off a confessed judgment.
3. Fully and completely understanding these rights, which Borrower has prior to signing the
Loan Documents (and clearly aware that these rights will be given up, waived,
relinquished, and abandoned), nevertheless freely and voluntarily chooses to sign the
Loan Documents. Borrower's intention being to give up, waive, relinquish, and abandon
Borrower's known rights (as described in Paragraph 2 above) and subject himself/herself
to the circumstances described in Paragraph I above.
4. The Borrower acknowledges that the Loan has been made for business purposes.
Dated this day ofA 9 , 2005.
Witness: Bonnie L. Martin
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the 5-tt- day of _ -3-01 , 2005, before me the undersigned personally
appeared Bonnie L. Martin, know to met be the person whose name is subscribed to the within
instrument and acknowledged that she executed the foregoing instrument for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
SEAL
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PUBLIC
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Address: Z1 (,t? . ?- ST
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My Commission Expires:
,"1olarial Seal
Anne M. Cox, Notary Public
is ?. isle Borough, Cumberland County
r0mission Expires July 14,
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2J13 DEC 10 NI 2: t 5
CUMBERLAND ts u' UN
PENNSYLVANIA
BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. • NO. 2010 - 6506
BONNIE L. MARTIN, • CIVIL ACTION - LAW
Defendant •
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as Solicitor for the Borough of Carlisle in the above
matter.
• firm
Edward L. Schorpp, Esquire
Date:/9?-6 -/3
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as Solicitor for the Borough of Carlisle in the above
matter. ///1
Keith O. Brenneman, Esquire
Date: 01-(2-44/1/1"1-l 2.41 3 Snelbaker& Brenneman, P. C.
44 West Main Street
Mechanicsburg, PA 17055
Ft
2:II 3DEC 10 PM 2: L.v
CUMBERLAND E GJN.i
PENNSYLVANIA
BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. • NO. 2010 - 6506
•
•
BONNIE L. MARTIN, • CIVIL ACTION - LAW
Defendant •
•
PRAECIPE
TO THE PROTHONOTARY:
Please mark the judgment entered in the above matter satisfied upon your docket
and indices.
Keith O. Brenneman, Esquire
Date: 0ei '1 - /a/ a/3 Snelbaker& Brenneman, P. C.
44 West Main Street
Mechanicsburg, PA 17055