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HomeMy WebLinkAbout11-4737r THE I`'POTHONOTAQ`r 2011 JUN -2 AM 11: 516 Pa. R.C.P. 2962 CUMBERLAND COUNT PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WEBER ADVERTISING & MARKETING, INC. Plaintiff, No./ yl (ivs. LEMOYNE SLEEPER CO., INC. Defendant, 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) *(Penal) Sum $117,988.73 Other authorized items: (Specify) * * Interest ** Attorney fees (5%) 5.899.44 Total $123,888.17 S& I. Peipher, sq. Attorney for Defendant *Strike out inapplicable item. **Interest and attorney fees may be included only if authorized by the warrant. Form 52A '?7 S? #593805.1/27495.005 et 4? 6-0 7-W d1w ?f ?fi?iGr j?lodG3o A A ?ef /#&?/ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WEBER ADVERTISING & MARKETING, INC. /73? rv t /I?? Plaintiff, No. (,? c vs. LEMOYNE SLEEPER CO., INC. ,-? ? ? .i Defendant _ =rn - ;)o = -Vm COMPLAINT FOR CONFESSION OF JUDGMENT u? Ct N --4c) 1.The parties to this action and their last known addresses are: C (a) Plaintiff: Weber Advertising & Marketing, Inc., 629 N. Market Street, Lancaster, Pel va 17603 (b) Defendant: Lemoyne Sleeper Co,. Inc., 57 S. 3`d Street, P.O. Box 227, Lemoyne, Pennsylvania 17043 2.Paragraphs 3, 6 and 8, below, are printed so as to permit use of alternative statements; and indented words following a block in which an "x" has been inserted are to be read as forming part of this corn- -plaint, whereas indented words following a block not so marked are to be considered as deleted. 3. This action is based on an instrument ( -hereinafter referred to as "the Instrument" -) authorizing confession of judgment, of which - ( ) the original (X )a true and correct reproduction is attached hereto and made a part hereof, marked "Exhibit A". 4-Plaintiff is the owner and holder of the Instrument. 5.No judgment has been entered on the Instrument in any jurisdiction. 6. Judgment may now be entered on the Instrument () because it authorizes confession of judgment unconditionally, without condition precedent and without regard or default. (X ) because of occurrence of the following default/s and/or fulfillment of the following condition/s precedent: Failure to pay amounts payable under the Note when due. 7. The amount now due is as follows: Unpaid balance of principal debt Interest at 14% from 6/1/11 Attorney's fee as authorized by the Instrument (5%) Other charges to the date hereof which are collectible under the Instrument, as follows: Total Amount now due $117,988.73 5,899.44 $123,888.17 Interest on the judgment at 14% per annum, and all costs and charges collectible under the Instrument, which accrue hereafter are to be collectible under the judgment. 8. Therefore Plaintiff demands judgment for - () The $ penal sum stated in the Instrument, to be satisfied on payment of the amount due, including interest, attorney's fees, costs, and other collectible charges, as of the date of payment. * * (X ) The $123,888.17 total amount due, as set forth in Paragraph 7, above. BYLERR& THOMAS, P.C. By: , Esquire **This line to be used only if the instrument does not contain a penal sum (i.e., double the original rincipal amount.) Words following unmarked block may be lined out if desired. * trike out inapplicable words. #593798.1/27495.005 NOTE Lancaster, Pennsylvania $ 147,699.94 January 31, 2011 FOR VALUE RECEIVED, without defalcation, LEMOYNE SLEEPER CO., INC. a Pennsylvania corporation (collectively the "Maker") hereby promises to pay to the order of WEBER ADVERTISING & MARKETING, INC., a Pennsylvania corporation, (the "Holder") at 629 North Market Street, Lancaster, PA 17603 or at such other place as Holder may, from time to time, direct Maker in writing, the sum of $147,699.94, lawful money of the United States of America, subject to the following terms and conditions: BACKGROUND Holder has performed services for Maker. Maker did not make payments in accordance with the original terms between Holder and Maker. This Note represents the amount owing to Holder as a result of the services rendered.' Maker acknowledges the amount is owed to Holder and services have been performed. In the event the Holder provides additional services to the Maker and such amount is not paid upon receipt of services, the amount shall be added to the principal amount hereof and paid in accordance with the terms of this Note. TERMS The principal outstanding shall accrµe interest at a rate equal to twelve percent (12%) per annum. Interest for the Loan shall be calculated on a daily basis and the interest due for any particular day shall be determined by multiplying the amount of principal on which interest is due for that day by the applicable annual rate and divided by the actual number of days in each year. On the last business day of February 2011 the Maker shall pay to the Holder $5,000.00. Beginning the last business day of March and the last business day of each month thereafter, Maker shall make payments of $6,000.00 until all principal and accrued interest is paid in full. All payments shall first be applied to costs incurred by Holder and any penalties and fees, second to accrued interest and third to principal outstanding. In the event any payment is more than five (5) days late, a late charge equal to the greater of five percent (5%) of the amount due or Seventy- five Dollars ($75.00) shall become due and payable. Upon the occurrence of (i) the nonpayment of any amount payable under this Note when the same shall become due; or (ii) the filing of a bankruptcy petition by Maker or against Maker (any such event being referred to as an "Event of Default"), the whole of the principal sum and interest thereon shall become due and payable at the option of the Holder, and one or more executions for collection of said principal sum with interest accrued thereon at the rate specified to the date of default and thereafter at the otherwise applicable rate of interest plus two percent (2%) per annum (the "Default Interest Rate"), together with costs of suit and a reasonable attorney's fee for collection may issue forthwith on any judgment or judgments obtained by the Holder hereof against the undersigned; and Holder (in addition to all other rights and remedies it may have) may exercise any and all rights and remedies which it may have under any document, statute, law or rule and all such rights and remedies, along with those set forth specifically herein shall be cumulative and enforceable alternatively, successively or concurrently. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF 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 UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR A HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OF ANY COURT OF COMMON PLEAS OF PENNSYLVANIA, OR ANY ATTORNEY OR ATTORNEYS OF ANY OTHER COURT OF RECORD ELSEWHERE, OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN PENNSYLVANIA OR ELSEWHERE, TO APPEAR FOR MAKER IN SUCH COURT IN AN APPROPRIATE ACTION THERE OR ELSEWHERE BROUGHT OR TO BE BROUGHT AGAINST MAKER AT THE SUIT OF HOLDER ON THIS NOTE, WITH OR WITHOUT DECLARATION FILED, AS OF ANY TERM OR TIME THERE OR ELSEWHERE TO BE HELD, AND THEREIN CONFESS OR ENTER JUDGMENT AGAINST MAKER FOR THE EXACT SUM WHICH SHALL BE THE AMOUNT OF THE AFORESAID PRINCIPAL SUM OF THIS NOTE, WITH INTEREST AND WITH ANY OTHER PAYMENTS AND CHARGES WHICH ARE PAYABLE BY THE MAKER UNDER THE TERMS OF THE LOAN DOCUMENTS, AND WITH COSTS OF SUIT AND ANY OTHER SUMS SECURED BY THE SECURITY DOCUMENTS, AND AN ATTORNEY'S COMMISSION OF FIVE PERCENT (5%) FOR COLLECTION (BUT IN NO EVENT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00)); AND FOR SO DOING, THIS NOTE OR A COPY THEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT, WITHOUT FURTHER STAY, AND WITH FULL RELEASE OR ERRORS, ANY LAW, USAGE OR CUSTOM TO THE CONTRARY NOTWITHSTANDING. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS THERE IS OCCASION THEREFOR. Any failure of the Holder to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any other time, all of which rights and remedies shall be cumulative and concurrent and may be pursued singly, successively or together against Maker. Such rights and remedies shall not be exhausted by any exercise thereof but may be exercised as often as occasion therefore shall occur. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Holder under the terms of this Note, as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting any of the property real or personal, or 2 any part of the proceeds arising from any sale of such property, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process or extension of time for payment, as well as the right of inquisition on any real estate that may be levied upon under a judgment obtained by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on any writ of execution issued thereon, and agrees that such real estate may be sold upon any such writ in whole or in part in any order desired by Holder. Maker hereby waives presentment for payment, demand, notice of nonpayment, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note, and agrees that the liability of Maker shall be unconditional. Should this Note be referred to an attorney for collection, whether or not judgment has been confessed or suit has been filed, the Maker shall pay all of the Holder's reasonable costs, fees (including, but not limited to, reasonable attorneys' fees) and expenses resulting from such referral. This Note shall inure to the benefit of and be enforceable by the Holder and the Holder's successors and assigns. All issues arising hereunder shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused this Note to be executed and sealed the day and year first above written. WITNESS: LEMOYNE SLEEPER CO., IN By: By:_ Name: Name: #581332.1 Title: 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WEBER ADVERTISING & MARKETING, INC. Plaintiff, No. VS. : LEMOYNE SLEEPER CO., INC. Defendant, NOTICE OF ENTRY OF JUDGMENT ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case - [X ] Judgment of $ 123.888.17 for Plaintiff and against Defendant. [ ] Judgment for Defendant/s and against Plaintiff/s. [ ] Order or Decree in favor of Dated: dun 2 Copy/Copies to: Lemoyne Sleeper Co., Inc. 57 S. 3rd Street P.O. BOX 227 Lemoyne, PA 17043 PROTHONOTARY 3,4046 #593806.1/27495.005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WEBER ADVERTISING & MARKETING, INC. Plaintiff, No. I1, t1-13-7 Cm1 VS. LEMOYNE SLEEPER CO., INC. Defendant, PLAINTIFF'S AFFIDAVIT JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION. Affirmed to and subscribed before me this day of , 2011 Susan P. Peipher, Esq., A orney for Plaintiff Notary Public I further certify the precise residence of the: Plaintiff 629 N. Market Street. Lancaster. Pennsylvania 17603 Defendant 57 S. 3rd Street. P.O. Box 227. Lemovne. Pennsvlvania 17043 c rn a c -0 ; Ln rn d #593809.1/27495.005 CD n -,t -- a C' C.) f-T 1 ?t 01