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HomeMy WebLinkAbout01-3061THE 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. Or- f 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 $ 34,124.32 B. Unpaid Interest through 5/15/01 $ 844.33 C. Late Fees as of 5/15/01 $ 119.82 D. Attorney's commission of 15 % of Principal TOTAL $ 5,118.65 $40,207.12 Plus interest from May 16, 2001, at the per diem rate of $7.77, together with costs of suit. CGA Law Firm Countess Gilbert Andrews, P.C. By: aron ~. M}el's, Esquire~''~ Supreme Court No. 32111 29 North Duke Street York, PA 17401 (717) 848-4900 Attorneys for Plaintiff THE PEOPLES STATE BANK, Plaintiff V. 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 $35,000.00 evidenced by a certain Promissory Note of Randy L. Lawrence and Sharon A. Lawrence to The Peoples State Bank dated January 11, 2000. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and incorporated herein. 4. Under the terms of the Promissory Note, Defendants were to make monthly payments of principal and interest at a variable rate initially set at $382.88 beginning April 7, 2000. Defendants have not made the monthly payments of $399.43 each for the months of February, March, April and May, 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. Defendants also signed a Disclosure for Confession of Judgment. A true and correct copy of the Disclosure is attached hereto as Exhibit "B" and incorporated herein. 6. There has been no assignment of Exhibit "A". 7. No judgment has been entered on Exhibit "A". 8. The terms of the Promissory Note 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. A true and correct copy of the Affidavit of Business Loan signed by Defendants is attached hereto as Exhibit "C" and incorporated herein. 11. The sums presently due and payable to Plaintiff by Defendants and secured by 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 $ 34,124.32 $ 844.33 $ 119.82 $ 5,118.65 $40,207.12 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 $40,207.12, together with interest from May 16, 2001 at the per diem rate of $7.77, and costs of suit. CGA Law Firm Countess Gilbert Andrews, P.C. 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. Vice President/Collections Dated: May ~, 2001 PROMISSORY NOTE ~03717-~ $35,000.00 ,lamm,cy 11. , 2000 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 THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), in lawful money of the United States, together with interest at the rate as hereinafier 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: The floating Prime Rate plus 1.00 percent. 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 such principal balance is actually paid to Bank. The term "Prime Rate" (which is not necessarily the lowest rate of interest charged by Bank) is defined as that rate of interest so designated and listed as the prime rate by the Wall Street Journal. Changes in the Prime Rate shall be effective as of the date the Prime Rate changes. 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, due on the 7th day of Feb. ,2000, and on the 7th day of March ,2000; thereafier, (b) Repayment to be made in 163 monthly installments of principal and interest in the amount of $382.88 each, the first such payment being due and payable on the 7th day of Apr:L], 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 chang.es 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. COLLATERAL-As security for all indebtedness to Bank now or hereafter incurred by Maker, under this Note or otherwise, Maker grants Bank a lien upon and security interest in any personal property of Maker now or hereefier in Bank's possession and in any deposit balances now or hereafier held by Bank for Maker's account. Such liens and security interests shall be independent of Bank's right of setoff. Additionally, to secure the performance of this and all other obligations to Bank of Maker or any other parties to this Note, whether now existing or hereafter incurred, Maker grants to Bank a security i~terest in the collateral described below, complete with ail present and future attachments, accessories and replacements of all or any parts thereof and all additions thereto or substitutions therefor, and in any insurance policies thereon, and dividends, distributions and other rights on or with respect to, and the proceeds thereof (all of which is referred as "Collateral") with authority to collect, sell, transfer and rehypothecate. In case the market value of the Collateral or any part thereof shail suffer any decline, Maker agrees upon demand of the Bank to deliver to and pledge with the Bank additional collateral as the Bank shail in its discretion require. Description of Collateral: 1) Second priority mortgage lien on real estate and improvements located at 675 Williams Grove Road, Mechaniesburg, Pennsylvania; 2) Assignment of leases. LATE CFIARGIg-lf any payment hereunder is not paid when due, and continues unpaid for a period of ten (10) days thereafter, Maker agrees to pay to Bank as a late charge an amount computed at a rate of five percent (5%) of such past due amount. The late charge shail be in addition to any interest due. Notwithstanding the foregoing, in no event shall any late charge be less than ten dollars ($10). REPRESENTATIONS BY MAKER-Maker warrants and represents that this Note has been validly executed and is enforceable in accordance with its terms, that the execution, delivery and performance by Maker hereunder are not in contxavention of law and do not conflict with any indenture, agreement or undertaking to which Maker is a party or is otherwise hound, and that no consent or approvai of any governmental authority or any third party is required in connection with the execution, delivery and performance under this Note. Maker warrants that no advance hereunder or portion thereof shail be used other than for business purposes. SUBSEQUENT HOLDERS-In the event that any holder of this Note transfers this Note for value and in good faith, the Maker agrees that no subsequent holder of this Note shall be subject to any claims or defenses which the Maker may have against a prior holder, ail of which are waived as to the subsequent holder, and that all subsequent holders shall have ail of the rights of a holder in due course with respect to the Maker even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course. DEFAULT-Each of the following shall be an Event of Default hereunder: a. If any payment of principal or interest under this Note is not paid when due, or within ten (10) days thereafter; or b. If Maker or any endorser, surety or guarantor of this Note defaults in the payment or performance of this Note or any other obligation to Bank or to any other holder hereof or fails to perform or comply with any agreement with Bank or any other holder hereof; or c. If Maker or any endorser, guarantor or surety is unable to pay its debts as they mature; becomes insolvent; voluntarily suspends transaction of its business or operations; makes an assignment for the benefit of creditors; files a voluntary petition to reorganize or to effect a plan or other arrangement with creditors; or has an involuntary petition filed 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, dissolution, merger or consolidation proceedings; or d. 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, possession, or any similar process of a materiai nature shall be issued by any court against ail or a part of 2 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, exemise 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 payment 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 exemise 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 balance 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. Neither the failure nor any delay on the part of Bank to exercise any right, remedy, power or privilege hereunder shall operate as a waiver or modification thereof. No consent, waiver or modification of the terms of this Note shall be effective unless set forth in a writing signed by Bank. All payments due under this Note are to be made in immediately available funds. If Bank accepts payment in any other form, such payment shall not be deemed to have been made until the funds comprising such payment have actually been received by or made available to Bank. All representations, warranties and agreements herein are made jointly and severally by each Maker. If any provision of this Note shall be held invalid or unenfomeable, such invalidity or unenforceability shall not 3 affect any other provision hereof. This Note has been delivered in and shall he governed by ~Ind construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the law of conflicts. This Note shall he binding upon each Maker and each additional endorser, guarantor, or surety and upon their personal representatives, heirs, successors and assigns, and shall benefit Bank and its successors and assigns. IN WITNESS WHEREOF, Maker has executed and delivered this Note under seal as of thc day and year first above written. WITNESS: ~ Susan H. Confair (Type Name) WITNESS: Susan H. Confair ¢~pc Name) ~/l~ndy~%wrence 4 Disclosure for The Peoples State Bank Confession of Judgment East Berlin, PA 17316 Today we are signing a promissory note in the amount of $35,000.00 which obligates us to pay that amount to The Peoples State Bank of East Berlin, Pennsylvania. We certify that our annual income: X exceeds $10,000 is less than $10,000 A representative of The Peoples State Bank has explained to us that the note we are signing contains wording: 1. which permits The Peoples State Bank to obtain a judgment against us in any court of record. by which we are consenting to the entry of judgment against us. The judgment may be obtained against us without the following, all of which we have intentionally, understandingly and knowingly waived: We certify that all the a copy of this disclosure at the time of signing. the right to notice and a hearing. the right to reduce or set off a claim by deducting a claim we may have against The Peoples State Bank (called the "right of defalcation"): release of error; inquest (the right to ascertain whether the rents and profits of our real estate will be sufficient to satisfy the judgment within seven years); stay of execution; exemption laws now in rome or hereafter to be passed; the right to defend against the entry of judgment against us. blanks in this disclosure were filled in when we signed it, and that we received Dated: (SEAL) ~(~EAL) - '~a~ofi A. L~wr~nce Sworn and subscribed to before me this /Notary Public Susanne K. ~athm, Not~/Publ~ Camp Hil! ~3m, Cumb~l~n~ Count/ My C:ommis~ion Expire,~ Au~. 25, 2001 Merely,r, Pem~g~a A.~.~ci~)~ d AFFIDAVIT OF BUSINESS LOAN COMMONWEALTH OF PENNSYLVANIA cotnvr¥ ov The undersigned, affirm according to law, depose and say that they: (1) Are engaged in business as real estate investors. (2) Hereby make an application to The Peoples State Bank for a loan in the amount of $35,000.00 the proceeds of which will be utilized to finance improvements to the property located at 675 Williams Grove Road, Mechanicsburg, Pennsylvania. No advance of the loan or portion thereof shall be used other than for business purposes. (3) Exercise actual control over the managerial decisions of the business. (4) Are authorized to make this affidavit, and do so under penalty of perjury. Affirmed to and Subscribed before me this day My commission expires: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION THE PEOPLES STATE BANK, Plaintiff v. : No. ; : : 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 mount of $40,207.12 plus interest and costs on May ]?, 2001. A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. (tr)~-~) Prothonotary Civil I~7 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. 2001-3061 PRAECIPE TO REMOVE TO THE PROTHONOTARy: Please mark the above-captioned action discontinued, satisfied and ended. Respectfully submitted, CGA LAW FIRM By: 29 North Duke Street York, PA 1'7401 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. Mort, Esquire 125 State Street Harrisburg, PA 17101 CGA LAW IqlRNI By: Lawrence V. Y~ PA # 21009 29 North Duke Street York, PA 1740:1 717-848-4900 Attorneys for Pla/ntiff