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HomeMy WebLinkAbout01-3060THE PEOPLES STATE BANK, Plaintiff RANDY L. LAWRENCE and SHARON A. LAWRENCE, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA _. : CIVIL ACTION - LAW : No. _. _. COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, The Peoples State Bank, is a Pennsylvania banking corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having an office at 100 East King Street, East Berlin, Pennsylvania 17316. 2. Defendants, Randy L. Lawrence and Sharon A. Lawrence, are adult individuals whose last known address is 234 Fox Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff made a term loan to Defendants in the original principal amount of $245,000.00 as evidenced by a certain Promissory Note of Randy L. Lawrence and Sharon A. Lawrence to The Peoples State Bank dated May 7, 1998. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and incorporated herein. On June 1, 1999, Plaintiff and Defendants entered into a Note Modification Agreement whereby the repayment terms were amended. A copy of the Note Modification Agreement is attached hereto as Exhibit "B" and incorporated herein. On January 11, 2000, Plaintiff and Defendants entered into a Second Note Modification Agreement whereby the repayment terms were amended. A copy of the Second Note Modification Agreement is attached hereto as Exhibit "C" and incorporated herein. 4. Under the terms of the Promissory Note, Note Modification Agreement, and Second Note Modification Agreement, Defendants were to make monthly payments of principal and interest at a variable interest rate. Defendants have not made the monthly payments of $2,617.62 each for February 7, March 7, April 7, and May 7, 2001. 5. Exhibit "A" contains a Confession of Judgment clause in favor of the Plaintiff and against the Defendants. Furthermore, said document contains the right of the Plaintiff to collect reasonable attorney's fees in the amount of 15 % of the principal balance together with costs of suit. Said terms were reaffirmed in the Note Modification Agreement and Second Note Modification Agreement. 6. There has been no assignment of Exhibit "A", "B", and "C". 7. No judgment has been entered on Exhibit "A", "B", and "C". 8. The terms of the Promissory Note, as reaffirmed in the Note Modification Agreement and Second Note Modification Agreement, provide that upon the occurrence of a default by the Defendants, the Plaintiff may accelerate and demand immediate payment of all sums secured by the Promissory Note. All conditions precedent to confession of judgment have been performed or have occurred. 10. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 11. the Promissory Note are computed as follows: A. Unpaid Principal B. Unpaid Interest through 5/15/01 C. Late Fees as of 5/15/01 D. Attorney's commission of 15 % of Principal TOTAL The sums presently due and payable to Plaintiff by Defendants and secured by $239,052.93 $ 5,487.61 $ 785.28 $ 35,857.94 $281,183,76 WHEREFORE, Plaintiff, The Peoples State Bank, by and through its attorneys, CGA Law Firm (Countess Gilbert Andrews, P.C.), hereby confesses judgment in favor of the Plaintiff, The Peoples State Bank and against the Defendants, Randy L. Lawrence and Sharon A. Lawrence, and simultaneously herewith requests the Prothonotary to enter judgment against Defendants in favor of the Plaintiff in the amount of $281,183.76, together with interest from May 16, 2001 at the per diem rate of $52.40, and costs of suit. CGA Law Firm Countess Gilbert Andrews, P.C. By: r~ Y Supreme Court No. 32111 29 North Duke Street York, PA 17401 (717) 848-4900 Attorneys for Plaintiff VERIFICATION I, the undersigned, Georgia A. Bear , Vice President of Collections for Plaintiff, The Peoples State Bank, hereby affirm that the facts contained in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. THE PEOPLES STATE BANK By: ~ Georgia A. Bear Vice President/Collections Dated: May i~, 2001 PROMISSORY NOTE 5002896~8 $245,000.00 ¥¥]0~ -] , 1998 FOR VALUE RECEIVED, and intending to be legally bound hereby, RANDY L. LAWRENCE and SHARON A. LAWRENCE, jointly and severally (hereinafter collectively referred to as "Maker"), promises to pay to the order of THE PEOPLES STATE BANK, a Pennsylvania banking institution ("Bank"), or any subsequent holder hereof, the principal amount of TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($245,000.00), in lawful money of the United States, together with interest at the rate as hereinafter provided and any additional charges or funds advanced hereunder, at the offices of the Bank or such other address as the Bank may designate by written notice to the Maker. INTEREST-The unpaid principal balance shall bear interest at the following rate per annum: (a) From the date hereof until l~ o.~ '-] , 1999, fixed at 8.50% per annum. (b) From ~'~'c~ -~ , 1999 and continuously thereafter until all indebtedness hereunder is paid in full, a/the Adjustable Rate per annum. The "Adjustable Rate" shall be the Index on the Change Date plus 3.50%, rounded up to the nearest 0.125%. The "Index" shall be the weekly average yield on United States Treasury securities adjusted to a constant maturity of one (1) year, as made available by the Federal Reserve Board. The Change Date shall be on ~(~ o~ '7 1999 and on the same date of each year thereafter. Interest shall be calculated on an actual days basis. Accrued interest shall be payable as provided herein. Accrued interest shall also be payable when the entire principal balance of this Note becomes due and payable (whether by stated maturity, demand or acceleration) or, if earlier, when suvh principal balance is actually paid to Bank. Interest shall accrue on each disbursement hereunder from the date such disbursement is made by Bank. Interest shall accrue on the unpaid balance hereof at the rate provided for in this Note until the entire unpaid balance has been paid in full, notwithstanding the entry of any judgment against Maker. REPAYMENT-The principal sum and interest shall be paid by Maker to Bank as follows: · (a) Payment of interest only, computed on the unpaid principal balance outstanding, dlJ~e on the ?~ day of each month, beginning on ~'~ne ,1998, through Se~q.e.~0o.~c ] , 1998; thereafter, (b) Repayment to be made in 180 monthly installments of principal and interest in the amount of $2,412.61 each, the first such payment being due and payable on the 3~ k day of ~ ~4 ~ ~Q.Lr , 1998 and on the same day of each consecutive month thereafter, except that the final installment shall be equal to the balance of principal and interest remaining unpaid hereunder. Changes in the rate of interest will require corresponding changes in the amount, but not the number, of monthly installments. PREPAYMENT-Maker may prepay all or any portion of the principal balance hereunder at any time without premium or penalty. Partial prepayments shall be applied to monthly installments in the inverse order of their maturity. Maker shall pay a prepayment penalty equal to 1% of the amount prepaid if prepaid by a third party. against it pursuant to the Bankruptcy Code or any amendments thereto; or applies for or consents to the appointment of a receiver or trustee of all or part of its property; institutes liquidation, dissolntion, merger or consolidation proceedings; or If there is entered against Maker a judgment, levy, or lien of a material nature or if a writ or warrant of attachment, execution, garnishment, distraint, p6ssession, or any similar process of a material nature shall be issued by any court against all or a part of the property of Maker; or If Maker or any endorser, surety or guarantor dies or is judicially declared incompetent; or If there is a taking of possession of a substantial part of the property of Maker at the instance of any governmental authority; or If Maker fails to pay any income, excise, or other taxes of any nature whatsoever when due and payable or fails to remit when due to the appropriate governmental agency or authorized depository any amount collected or withheld from any employee of Maker for payroll taxes, Social Security payments or similar payroll deductions; or If the Maker or any endorser, surety or guarantor fails to provide the bank with required financial information; or If a material adverse change in the financial condition of the Maker, or any endorser, surety or guarantor of this Note has occurred since the date of this Note. REMEDIES UPON DEFAULT-Upon the occurrence of one or more Events of Default, at the Bank's option, the entire unpaid balance of this Note and all accrued interest shall be immediately due and payable without notice or demand, and Bank may, immediately or any time thereafter, exercise any or all of its rights under any agreement or otherwise under applicable law against Maker, against any person liable, either absolutely or contingently, for paymem of any indebtedness evidenced hereby, and in any collateral without regard to any marshalling requirements, and such rights may be exercised in any order and shall not be prejudiced by any delay in Bank's exercise thereof. The Bank may set off against all other obligations of Maker to Bank all money owed by the Bank in any capacity to Maker. In addition to the principal and interest and other sums payable hereunder, Maker agrees to pay Bank on demand, all costs and expenses which are incurred by Bank in the collection of this Note or the enforcement of Bank's rights and remedies hereunder, including attorneys' fees of fifteen percent (15%) of the unpaid balance. Upon any default, Maker and any endorser hereby authorize and empower the Prothonotary or any attorney of any court of record of Pennsylvania or within the United States to appear for the Bank and confess judgment against such Maker or endorser for such unpaid bal'ance and costs, with release of all errors and without stay of execution. All rights and remedies of Bank are cumulative and concurrent and no single or partial exercise of any power or privilege shall preclude any other or further exercise of any right, power or privilege. This Note is the unconditional obligation of Maker and each additional person, if any, obligated for repayment of the indebtedness evidenced hereby agrees that Bank shall not be required to exercise any of its rights or remedies against any collateral in which it holds a lien or security interest, or against which it has right of setoff, or against any particular obligor. MISCELLANEOUS-Any demand for payment or any notice required to be given by Bank under the provisions of this Note shall be effective as to each Maker when addressed to Maker and deposited in the mail, postage prepaid, for delivery by first class mail at Maker's billing address as it appears on Bank's records. Maker and any endorsers, sureties and guarantors waive presentment, dishonor, notice of dishonor, protest, notice of protest, and notice of any renewal, extensions, modification or change of time, manner, place or terms of payment. Maker, and any endorsers, sureties and guarantors hereby waive any right to trial by jury of any issues of fact in any action relating to any rights or (ome/~ ~dX~L) ~'a,( pue ~(ep oql.~o se l~as zapun alo~ s.zql p~aA!lap ptm pam~xa seq ~a~eIN '~O~r'd~HA'~ $S~t~LI3A NOTE MODIFICATION AGREEMENT THIS(~TE MODIFICATION AGREEMEN~T ("Agreement") is made this ~'~ day of ~ ~,L~ ,1999 by and between RANDY L. LAWRENCE and SHARON A. LAWRENCE (t~r~nafter collectively refe,r,r, ed to as "Bbrrower") and TIlE PEOPLES STATE BANK, a Pennsylvania bh~cing institution, ("Bank). WHEREAS, the Borrower is indebted to the Bank pursuant to a certain promissory note (the "Note") executed by Borrower on May 7, 1998 in the original principal amount of Two Hundred Forty- Five Thousand Dollars ($245,000.00), and WHEREAS, Borrower has requested the Bank-t~ make certain modifications to the terms of the Note, WHEREAS, the Bank has agreed to such modifications upon the terms and conditions herein contained, NOW THEREFORE, and in consideration of the mutual covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. From the date hereof the Repayment Section of the Note shall be amended to read as follows: (a) Payment of interest only, computed on the unpaid principal balance outstanding, due on the 7th day of each month, beginning on June 7, 1999, through September 7, 1999; thereafter, (b) Repayment to be made in 172 monthly installments of principal and interest in the amount of $1,841.30 each, the first such payment being due and payable on the 7th day of October, 1999 and on the same day of each consecutive month thereafter, except that the final installment shall be equal to the balance of principal and interest remaining unpaid hereunder. Changes in the rate of interest will require corresponding changes in the amount, but not the number, of monthly installments. 2. Except as expressly provided herein, all terms and conditions of the Note, and each additional document securing payment thereof shall remain in f~ll force and effect. 3. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, heirs and assigns. IN WITNESS WHEREOF, the parties have set their hands and seals. SECOND NOTE MODIFICATION AGREEMENT THIS SECOND NOTE MODIFICATION AGREEMENT ("Agreement") is made this ~_ ~_th day of .lamsary · 2000 by and between RANDY L. LAWRENCE and SHARON A, LAWRENCE (hereinafter collectively referred to as "Borrower") and THE PEOPLES STATE BANK, a Pennsylvania banking institution, ("Bank"). WHEREAS, the Borrower is indebted to the Bank pursuant to a certain promissory note (the HNote") executed by Borrower on May 7, 1998 in the original principal amount of Two Hundred Forty- Five Thousand Dollars ($245,000.00), and WHEREAS, Borrower has requested the Bank to make certain modifications to the terms of the Note, WHEREAS, the Bank has agreed to such modifications upon the terms and conditions herein contained, NOW THEREFORE, and in consideration of the mutual covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. From the date hereof the Repayment Section of the Note shall be amended to mad as follows: (a) Payment of interest only, computed on the unpaid principal balance outstanding, due on the 7th day of each month, beginning on January 7, 1999 through February 7, 2000; thereafter, (b) Repayment to be made in 163 monthly installments of principal and interest in the amount of $2,503.90 each, the first such payment being due and payable on the 7th day of March, 2000 and on the same day of each consecutive month thereafier, except that the final installment shall be equal to the balance of principal and interest remaining unpaid hereunder. Changes in the rate of interest will require corresponding changes in the amount, but not the number, of monthly installments. 2. Except as expressly provided herein, all terms and conditions of the Note, and each additional document securing payment thereof shall remain in full force and effect. 3. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, .heirs and assigns. IN WITNESS WHEREOF, the parties have set their hands and seals. aron A. Lawrence THE PEOPLES STATE BANK, Plaintiff RANDY L. LAWRENCE and SHARON A. LAWRENCE, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : No. o: - : 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 Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: A. Unpaid Principal $239,052.93 B. Unpaid Interest through 5/15/01 $ 5,487.61 C. Late Fees as of 5/15/01 $ 785.28 D. Attorney's commission of 15 % of Principal TOTAL $ 35,857.94 $281,183.76 Plus interest from May 16, 2001, at the per diem rate of $52.40, together with costs of suit. CGA Law Firm Countess Gilbert Andrews, P.C. By: Supreme Court No. 32111 29 North Duke Street York, PA 17401 (717) 848-4900 Attorneys for Plaintiff IN THE COURT OF COIVIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE PEOPLES STATE BANK, Plaintiff RANDY L. LAWRENCE and SHARON A. LAWRENCE, Defendants CIVIL ACTION - LAW NOTICE OF FILING JUDGMENT (x) (x) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $281,183.76 plus interest and costs on May /J;>, 2001. A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ~1~) ~. ~ Prothonotary Civil Div.~ ~by: If you have any questions regarding this Notice, please contact the filing party: NAME: Sharon E. Myers, Esquire ADDRESS: 29 North Duke Street York, PA 17401 TELEPHONE NO: (717) 848-4900 (This Notice is given in accordance with PA.R.C.P. 236.) Notice sent to: NAME Randy L. Lawrence Sharon A. Lawrence ADDRESS 234 Fox Drive Mechanicsbur~, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE PEOPLES STATE BANK, Plaintiff RANDY L. AND SHARON A. LAWRENCE, : Defendant ' No. 2001-3060 PRAECIPE TO REMOVE TO THE PROTHONOTARY: Please mark the above-captioned action discontinued, satisfied and ended. Respectfully submitted, CGA LAg/FIRM By: Lawrence V. Young, Esc~e PA # 21009 29 North Duke Street York, PA 17401 717-848-4900 Attorneys for Plaintiff {00129377/1 } CERTIFICATE OF SERVICE I hereby certify that on this 9th day of September 2004., a true and correct copy of the foregoing Praecipe to Remove has been served, via first-class mail, postage prepaid, upon the following: Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 CGA LAW HRM Lawrence ¥. Young, Esquir~ PA # 21009 29 North Duke Street York, PA 1'7401 717-848-4900 Attorneys fi>r Plaintiff {00129377/1 }