The URL can be used to link to this page

Home My WebLink About11-1082 C) Z --t mW M C- =-n =- GARY E. ULRICH, COURT OF COMMON PLEAS OF r Plaintiff CUMBERLAND COUNTY, PENNSYLVAN?t -- ° .' C -n , J= v. CIVIL ACTION - LAW ? ' -n = F.) NO. M JOHN M. MESAROS, l .: a Defendant 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, John M. Mesaros, and confess judgment in favor of the Plaintiff, Gary E. Ulrich, and against Defendant, Jahn M. Mesaros as follows: Principal Sum Other authorized items: Interest through January 21, 2011 Late fees Costs of Suit Attorneys fees: BALANCE CURRENTLY DUE $100,000.00 $ 6,966.48 $ 348.32 $ 127.50 $ 16,097.22 $ 123,539.52 Respectfully submitted, SAIDIS, Sy LIVAN & ROGERS J,06n E. Kelso, Esquire ,Attorney ID: 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Defendant /-?'?- AS IF6 c-? C GARY E. ULRICH, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIyr- v. CIVIL ACTION - LAW NO. ?I"y JOHN M. MESAROS, ?Defendant CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, Gary E. Ulrich, by and through his attorneys, Saidis :rC rn -4c3 -a ? -n ? M Sullivan & Rogers, and files this Complaint for Confession of Judgment against Defendant, John M. Mesaros, and avers in support thereof as follows: 1. Plaintiff is Gary E. Ulrich, who is an adult individual with an address of 901 Capital Street, Harrisburg, PA 17102. 2. Defendant is John M. Mesaros, who is an adult individual with an address of 2171 Merrimac Avenue, Mechanicsburg, Pennsylvania 17055. 3. On or about March 1, 2008, Defendant executed a Promissory Note in the principal sum of One Hundred Thousand Dollars ($100,000.00) (hereinafter "Promissory Note"). Plaintiff is the only holder of the Promissory Note. A true and accurate copy of the Promissory Note is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Promissory Note has not been assigned. 5. Pursuant to the terms of the Promissory Note, Defendant was to pay Plaintiff the principal sum of One Hundred Thousand Dollars ($100,000.00) together with interest at seven (7%) percent per annum on or before March 1, 2012. 6. Pursuant to the terms of the Promissory Note, Defendant agreed to pay interest by making payments every month in the amount of One Thousand Sixty-One Dollars and Eight Cents ($1,161.08) beginning on April 1, 2008, which said payments would be first applied to interest before principal. (See, Exhibit "A" attached hereto). 7. The Promissory Note provides for a late charge payable at the rate of five percent (5%) for each monthly payment not paid within five (5) calendar days of its due date under the terms of the Promissory Note. (See, Exhibit "A" attached hereto). 8. The Promissory Note also authorizes a fifteen percent (15%) be added as a collection fee in the event of default. (See, Exhibit "A" attached hereto). 9. The Promissory Note further provides that "...In the event of the Default in the payment due hereunder, Borrowers do hereby authorize and empower the prothonotary or any attorney of any court of record of Pennsylvania or elsewhere to appear for and enter judgment against borrowers for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with fifteen (15%) percent collection fees..." (See, Exhibit "A" attached hereto). 10. Defendant has not made the payments required by the Promissory Note on and after August 1, 2010. 11. Pursuant to the terms of the Promissory Note, Defendant is liable to Plaintiff for the sum of one hundred and six thousand nine hundred and sixty-six dollars and forty-eight cents ($106,966.48). 12. Pursuant to the terms of the Promissory Note, Defendant is liable for late fees in the amount of $348.32. 13. Pursuant to the terms of the Promissory Note, Defendant is liable for a collection fee of fifteen (15%) percent on the total balance owed to Plaintiff in the amount of sixteen thousand ninety-seven dollars and twenty-two cents ($16,097.22). 14. Pursuant to the terms of the Promissory Note, Defendant expressly waived the right to receive notice, demand, presentment or protest prior to the filing of a confession for judgment. 15. Judgment may be entered upon the Promissory Note because Defendant, John M. Mesaros, is in default. 16. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 17. Defendant is indebted to Plaintiff under the Note as follows: Principal Sum $100,000.00 Other authorized items: Interest through January 21, 2011 $ 6,966.48 Late fees $ 348.32 Costs of Suit $ 127.50 Attorneys fees: $ 16,097.22 Total $ 123,539.52 18. Judgment has not previously been confessed on the Promissory Note within any jurisdiction against Defendant. 19. Judgment is being simultaneously confessed on the Promissory Note against co- borrower, Steven T. Kyzer, in Cumberland County and against co-borrower, Robert S. Fogleman, in Dauphin County in separate actions. 20. The Promissory Note is less than twenty (20) years old and, as a result, no application for a court order granting leave to enter judgment is required. 21. Judgment in favor of Plaintiff and against Defendant, John M. Mesaros, is demanded as authorized by the Warrant of Attorney set forth in the Promissory Note. WHEREFORE, Plaintiff respectfully demands judgment in its favor and against Defendant, John M. Mesaros, in the total amount of $123,539.52. Date: f S' I It Respectfully submitted, SAIDIS SULLIVAN & ROGERS o'7 ro E.Kelso, Esquire ey I.D. No. 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff $100,000.00 r1l Ct f , 2008 NOTE The undersigned ("Borrowers"), of 400 Forster Street, Harrisburg, Dauphin County, Pennsylvania, hereby jointly and severally promise to pay to Gary E. Ulrich, ("Holder") of 901 Capital Street, Harrisburg, Dauphin County, Pennsylvania his heirs or assigns, One Hundred Thousand Dollars ($100,000.00) together with interest at seven (7%) per annum on or before March 1, 2012. PAYMENTS. Borrowers shall pay interest by making payments every month. Payments shall be made on the Ise day of each month beginning on April 1, 2008 in the amount of One Thousand and One Hundred and Sixty One and Eight Cents ($1,161.08). Monthly payments will be applied to interest before principal. If on March 1, 2012, Borrowers still owe amounts under this Note, Borrowers will pay those amounts in full on that date which is called the Maturity Date. DEFAULT. If Borrowers do not pay the full amount of each monthly payment on the date it is due, Borrowers will be in default. If Borrowers are in default, the Holder may require Borrowers to pay immediately the full amount of principal which has not been paid and all the interest that Borrowers owe on that amount. LATE PAYMENT. If the Holder has not received the full payment of any monthly payment by the end of five (5) calendar days after its due date, Borrowers will pay a late charge to the Holder. The amount of the charge will be five (5%) percent of the overdue payment of interest and principal then due. Borrowers will pay this late charge promptly, but only once on each late payment. NO WAIVER BY HOLDER. Even if, at a time when Borrowers are in default, the Holder does not require Borrowers to pay immediately in full as described above, the Holder will still have the right to do so if Borrowers are in default at a later time. PAYMENT OF HOLDER'S COSTS AND EXPENSES. If the Holder has required Borrowers to pay immediately in full, the Holder will have the right to be paid back by Borrowers for all of his costs and expenses in enforcing this Note to the extent not prohibited by applicable law. These expenses include, for example, reasonable attorney's fees. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWERS. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrowers is sold or transferred and Borrowers are not a natural person) without Holder's prior written consent, Holder may, at his option, require immediate payment in full of all sums secured by this Note. If Holder exercises this option, Holder shall give Borrowers notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrowers must pay all sums secured by this Note. If Borrowers fail to pay RCS-3-19-08 these sums prior to the expiration of this period, Holder may invoke any remedies permitted by this Note without further notice or demand on Borrowers. CROSS DEFAULT. In the event of a default, as defined in the Mortgage, Note, Asset Purchase Agreement, Security Agreement or License Agreement, the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by Holder to or on behalf of the Borrowers pursuant to the terms of this Note, Mortgage, Asset Purchase Agreement, Security Agreement or License Agreement, together with unpaid interest thereon, shall at the option of the Holder and without notice become immediately due and payable. NON ASSIGNMENT. This Note and the License Agreement or any portion of them cannot be assigned without the prior written approval of Holder. Holder is under no obligation to give such consent and may withhold said consent at its option. Notice, demand, presentment, or protest is expressly waived by Borrowers. Borrowers shall have the right to prepay all or any part of the principal amount of this Note at any time or from time to time without premium or penalty. IN ADDITION, IN THE EVENT OF THE DEFAULT IN THE PAYMENT DUE HEREUNDER, BORROWERS DO HEREBY AUTHORIZE AND EMPOWER THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND ENTER JUDGMENT AGAINST BORROWERS FOR THE ABOVE SUM, WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OF ERRORS, WITHOUT STAY OF EXECUTION, AND WITH FIFTEEN PERCENT (15%) ADDED FOR COLLECTION FEES; AND BORROWERS HEREBY AGREE NOT TO MAKE ANY MOTION OR ANY APPLICATION WHATSOEVER TO ANY COURT FOR AN INQUISITION ON ANY REAL ESTATE OR PERSONAL PROPERTY THAT MAY BE LEVIED UPON TO COLLECT THE AFORESAID SUM, AND BORROWERS VOLUNTARILY CONDEMN SAME, AND AUTHORIZE THE PROTHONOTARY TO ENTER SAID VOLUNTARY CONDEMNATION UPON THE WRIT OF EXECUTION. BORROWERS FURTHER AGREE THAT ANY PROPERTY, REAL PERSONAL OR MIXED MAY BE SOLD THROUGH A WRIT OF EXECUTION AND FURTHER HEREBY WAIVES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENTS, STAY OR EXEMPTION OF ANY STATE NOW IN FORCE OR WHICH ARE PASSED HEREAFTER. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT, UNTIL SUCH TIME AS THE HOLDER HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. RCS-3-19-08 WAIVER IN EXECUTING THIS NOTE, BORROWERS UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST BORROWERS IN COURT AND DO HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. EACH INDIVIDUAL BORROWER HEREBY CERTIFIES THAT HE HAS EARNINGS OF $10,000.00 OR MORE PER YEAR. Witness my hand and seal the day and year first above written. witnpQe ; Witness Zoo Witness l ROLL O S NT GROUP, LLC By: Robert ?S_ eTan, tuber By: By: TY MANAGEMENT, LLC By: By: By: By: S. Foglem4n, Member i Steven T. W,Member Member _ „ Robert S. Fo e n, Individually 1205 E. Carac s venue, Hershey, PA 17033 Steven T. n Individuall 532 Lucin a ne, Mechanicsburg, PA 17055 By: By: J 64n M. saros, Individually 2171 MZf4mac Avenue, Mechanicsburg, PA 17055 RCS-3-19-08 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: Gary E. lrich GARY E. ULRICH, Plaintiff V. JOHN M. MESAROS, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /)_ ?bgo2 CV, CONFESSION OF JUDGMENT NOTICE TO: John M. Mesaros 2171 Merrimac Avenue Mechanicsburg, PA 17055 PURSUANT TO PA.R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT JUDGMENT IN THE ABOVE-CAPTIONED CASE HAS BEEN ETERED AGAINST YOU. Date: .3) , C)6 PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT PLAINTIFF'S COUNSEL AT THE ADDRESS AND PHONE NUMBER LISTED BELOW: Jason E. Kelso, Esquire Attorney Id. No. 209107 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?" --a Sheriff ID Jody S Smith r k R ` Chief Deputy ? a ` Richard W Stewart ...;? Solicitor - . = r c.. Gary E. Ulrich Case Number vs. John M. Mesaros 2011-1082 SHERIFF'S RETURN OF SERVICE 02/02/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John M. Mesaros, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Confession of Judgment and Notice as not found as to the defendant John M. Mesaros. Per current occupant, John M. Mesaros has not resided at this address in over 3 years. However, The Mechanicsburg Postmaster is still delivering John M. Mesaro's mail to 2171 Merrimac Avenue, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $37.44 February 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;un` c ;:'l,e i f le >oft GARY E. ULRICH, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL /ACTION - LAW NO. M. MESAROS, Defendant CONFESSION OF JUDGMENT NOTICE TO: John M. Mesaros 2171 Merrimac Avenue Mechanicsburg, PA 17055 PURSUANT TO PA.R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT JUDGMENT IN THE ABOVE-CAPTIONED CASE HAS BEEN TERED AG INS YOU. Date: PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT PLAINTIFF'S COUNSEL AT THE ADDRESS AND PHONE NUMBER LISTED BELOW: Jason E. Kelso, Esquire Attorney Id. No. 209107 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : IN BANKRUPTCY JOHN M. MESAROS, III : BK. NO. 1-13-06486 Debtor/Movant : CHAPTER 7 PROCEEDING JOHN M. MESAROS, III Movant v. GARY E. ULRICH Respondent : LIEN AVOIDANCE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11 -1082 CIVIL ORDER OF COURT VOIDING JUDICIAL LIEN In consideration ofthe within Motion for Order Avoiding Judicial. Lien, filed by Counsel . for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial. Lien filed on January 22, 2014 and duly served upon the Respondent; therefore, the Court orders judgment in favor ofthe Debtor/Movant, John M. Mesaros, III, and against the Respondent, Gary E. Ulrich as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and ofno further force and effect as it violates 11 U.S.C. Section 522(f)(1.) and interferes with 11 U.S.C. Section 522(d). Dated: February 19, 2014 4q .50 PD PtTrY 0.458010 2,430505 By the Court, Robert N. Opel, 11, Bankruptcy Judge (111) CERTIFIED FROM THE RECORD this 2 Zabciail day . / .1_.i , 20L e 5 GIerk, fiti Case 1:13 -hk- 06486 -RNO Doc 23 Filed 02/19/14 Entered 02/19/14 15:46:28 Desc