The URL can be used to link to this page

Home My WebLink About04-3978 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION v. NO. 04 ~ j'17f CiVil - I G .,- CALABRESE & SONS, INC. CONFESSION OF JUDGMENT Defendant NOTICE To: CALABRESE & SONS, INC., Defendant You are hereby notified that on August / ..L-, 2004, judgment by confession was entered against you in the sum of $296,837.67 in the above captioned case. Dated: August /3-, 2004 ~~ Prothonotary /? ~~- -r--- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Services Office MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 Telephone: (717) 243-9400/ (800) 822-5288 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 ~6 Attorney for Plaintiff(s) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17106-1963 COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CALABRESE & SONS, INC. CONFESSION OF JUDGMENT Defendant NOTICE A CALABRESE & SONS, INC., Defendido Usted esta siendo notificando que el_ de August del 2004, se anoto en contra suya un falio por confesion en la sum a de $296,837.67 en el caso mencionado en el epigrafe. FECHA: August ,2004 Prothonotary USTED DEBE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLEA UNO, LLAME 0 VAYAA LASIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Legal Services Office MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 Telephone: ((717) 243-9400 I (800) 822-5288 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 ~ Attorney for Plaintiff(s) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CALABRESE & SONS, INC. CONFESSION OF JUDGMENT Defendant NOTICE OF DEFENDANT'S RIGHTS Ajudgment in the amount of $296,837.67 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Services Office MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 Telephone: ((717) 243-9400 / (800) 822-5288 KEEFER WOOD ALLEN & RAHAL, LLP Date: August 12, 2004 ~ Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Commerce Bank/Harrisburg, National Association By: KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CALABRESE & SONS, INC. CONFESSION OF JUDGMENT Defendant COMPLAINT 1. Plaintiff Commerce Bank/Harrisburg, National Association is a national banking association, with an office at 100 Senate Avenue, Camp Hill, Pennsylvania 17001. 2. Defendant Calabrese & Sons, Inc. is a Pennsylvania corporation, whose address is: 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055. 3. On or about December 6, 2001, Defendant, for good and valuable consideration, executed and delivered a Term Loan Note (the "Note") to Plaintiff's predecessor. A true and correct copy of said Note is attached hereto, made a part hereof and marked Exhibit "A". 4. The Note referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered on the Note referred to in Paragraph 3 above in any jurisdiction. 6. The Note provides that Plaintiff may confess judgment against Defendant for the amount for which the Defendant may be or become liable to Plaintiff under the Note, together with interest and court costs and five percent (5%) for attorneys' fees. 7. The Note is in default, among other things, by reason of the failure of Defendant to make the payment(s) due under the Note. 8. The amount due on the Note as of August 12, 2004, is $282,702.55, of which $277,725.53 is principal and $4,977.02 is interest. Five percent (5%) of the foregoing is $14,135.12. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 9. This confession of judgment is not being filed against a natural person in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $296,837.67, together with interest as may hereafter accrue and costs of suit. Date: August 12, 2004 KEEFER WOOD ALLEN & RAHAL, LLP ~. Pepinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 By: Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned Adam L. Metz, hereby verifies and states that: 1. He is Senior Vice President of Commerce Bank/Harrisburg, National Association, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. !l4904. relating to unsworn falsification to authorities. M.m!! t!f Dated: August 12, 2004 ,. TERIH LO,",-'i .\fOTE 5500.000.00 Camp Hill, .2ennsylvania December 6, 2001 FOR VALUE RECEIVED, CA.L\BRES'::: &: SO:-.iS. J:\Tc.. aPennsyh'ania corporation with offices at -+06 Brandy Lane. Mechanicsburg, Pennsylvania 17055 (hereinafter the "Maker") hereby promises to pay to the order of COMMERCE B.",-"1(R~SBt.iRG, N.A., with offices at 100 Senate ,\venue. P.O. Box 8599, Camp Hill. Pennsyl\'ania 1-:'001-8599 ("Payee") the principal sum of $500.000.00. as advanced to or for Maker by Payee ;:lUrSuant to the terms ofa Term Loan Agreement (hereinafter the "Loan Agreement") bearing even date herewith between Maker and Payee, together with interest from the date of disbursement on the outstanding balance thereof at the rate of 8.75% per annum (the "Interest Rate"). The obligation evidenced hereby shall be full\' amortized over a period of sixty (60) months tram the date hereof Interest shall be calculated based all the ourstanding principal balance on the basis of 0.360 day year. but shall be charged for the actual nurr:ber of days elapsed. Principal and interest shall be payable, in lawful money of the United States, at the office of the Payee designated above or such other place QS the hoider of this Note may designate. in the following manner: (a) Commencing January i. 2002. ane on the first day of each month thereafter, the principal sum and accrued interest a1 the Interest ~~te shall be due and be payable in 59 installments ofTen nlOuSat1d Three Hundred Thirty-Six and 3C 100 Dollars (510,336.30), with a rinal pa;.menr on the ""bturity Date" (as hereinatter defined) oI:he unpaid balance of the principal sum plus all accrued :nrerest thereon and all other sums o"'ec JY '..faker to Payee, each such installment to be applied first to the pa;.ment of accrued interest and [hen to the reduction of the principal sum. (b) A final payment in the full amount oIche entire outstanding balance of principal plus all interest accrued thereon and all other sums o\\ed by ,-,raker to Payee shall be due and payable on December I, 2006 (hereinafter the ":V1arurity Dare"). In the event that after the date of this Note the implementation of or any change in any law or regulation, or any guideline or directive (whether or not having the force oflaw) or the interpretation or administration thereof by any central bank or other authority charged with the administration thereof. imposes, modifies or deems applicable any capital adequ3cy, reserve maintenance, risk based capital, capit31 ratio or similar requirement (including without limitation a request or requirement which affects the manner in which the Payee allocates capital resources to its commitments, including the indebtedness evidenced hereby) and as a result thereof, in the sole -1- . . f opinion of the Payee. the rate ofrerurn on the Payee's capital as a consequence oithe indebtedness e\'idenced hereby and oiPayee's compliance with such requirement is reduced to a b'el below that which the Payee could have achieved but for such circumstances. :!len in each such case within ten (10) days after demand from time to time the 'vlaker shall pay to the Payee such additiolJa] amount or amounts as shall compensate the Payee lor such reduction in rate of rerum. A cenificate of the Payee claiming compensation under this provision and setting fonh the additional amount or amounts to be paid to Payee hereunder, as determined by Payee. in the absence of mathematical error. shall be final and conclusi\'e. In determining such amount the Payee may use any reasonable averaging and attribution methods. Prepayment of any amount of the principal sum (whether the prepayment is voluntary or involuntary. including any prepayment by reason of Payee's acceleration of the indebtedness upon Maker's default) shall be accompanied by accrued interest and a prepayment pri\'ilege fee in the amount of five percent (5.0~'O) of the total amount prepaid during the first Loan Year (as defined below!' declining one percent (1. 0%) during each L03n Year thereafter, For purposes of the preceding two sentences. a "Loan Year" means a twelve (1:::) month period commencing on the dare of this ""ote and any anniversary of the date of this :\"ote. An" panial prepayment shall be applied to installments of principal last falling due. '"Iaker agrees that in the e,'em any installment of principal or imerest is nO! paid when due. Maker shall pay to Payee a late charge of five percent (5%) of the amount past due to cover the additional expense incident to such delinquency. This late charge pro\'ision shall not be construed to obligate Payee to accept any overdue installment nor to limit Payee's rights and remedies for Maker's default. as hereinafter set fonh. This 'Jote is secured by certain securit'. documents (hereinafter the "Security Documents"), including a Bank Deposit Pledge Agreemem of even date herewith. as '.vell as personal guarantees. security interests and other collateral. .-\ny failure by Maker to comply with [he terms. co\"enants or conditions of the Security Documents or the Loan .-'\.greement. or an\" of therr:, shall automatically constitute a default under this 'Jote At its option Payee m3Y pay any tax, payment in lieu of taxes, assessment. water rem. insurance premium or other sums which under the terms of the Loan Agreement and the Security Documents may be paid out by Payee for the account of Maker. and the amount so paid shall be added to and become pan of the principal sum hereunder and secured by the Security Documents. and shall be payable on demand. 'vlaker agrees that if~laker shall, without in each instance obtaining the prior wrinen consent of Payee. sell. transfer or convey (herein all called "transfer") any of Maker's assets or any interest therein other than in the ordinary course of Maker's business, whether voluntarily or by operation of law. then. at the option of Payee, the maturity of this Note shall be advanced to the date of such transfer. whereupon the obligations of Maker evidenced by this Note shall immediately be due and payable. For purposes of this paragraph, Maker's merger or consolidation with any other entity, or -2- the redemption, sale. transfer or encumbrance of any stock of Maker, or the issuance of additional stock of:Vfaker which results in a transfer of control of:Vfaker, shall constitute a transfer of Maker's assets. If Maker shall fail to pay any sum when due or if Maker shall in any other way be in default hereunder or under the Loan Agreement or any of the Security Documents, or if any cenification, warranty or representation made or hereafter made by Maker to Payee should prove to be materially false. then the entire unpaid principal balance of this Note. together with interest accrued thereon and with all other sums due or owed by :Vfaker hereunder or under the terms of the Security Documents and the Loan Agreement shat! at the option of Payee and without notice to Maker become due and payable immediately with interest (after such default and acceleration and until Maker's indebtedness to Payee is paid in full. including the period following entry of any judgment) at a rate which is 4,0% per annum in excess of the Interest Rate hereinabove specified (the "Default Interest Rate"), together with all attorney's fees for collection. but not less than 5500.00, and the cost of any search, appraisal. environmental assessment or other cost incurred by Payee in connection with such proceedings: and payment of the same may be enforced and recovered by the entry of judgment on this Note and the issuance of execution thereon. MAKER HEREBY IRRE\'OCABL Y AUTHORIZES A;..,1) L\IPOWERS THE PROTHONOTARY OR ASY ATTO&"<'EY OF A.."'-'Y' COl'RT OF RECORD TO ..IJ'PEAR FOR ,1,...,\1) CO~TESS JUDG:VIEl\T THEREIT\ AGAC\'ST NL\K.ERFOR THE A...c\;10L7NT FOR v,,'H.lCH MAKER :"vIA Y BE OR BECO:VIE LIABLE TO PA. YEE LT),"DER THIS NOTE. WITH OR \VITHOUT DEFAL LT. PLUS A... '\- A, HORNEY'S COMMISSro", OF FIVE PERCENT (5%) OF SUCH A-,vlOl:-':T. BUT NOT LESS TH..A...t'i FIVE HUNDRED (5500.00) DOLLARS, WITH COSTS OF Sl1T. RELEASE OF ERRORS. Al\"D WITHOUT RIGHT OF APPEAL. MAKER W.'JVES THE RIGHT TO A..'." STAY OF EXECCTION ,A...t'\i"D THE BE\'EFIT OF ,-\.LL E..\:E:V1PTIOI\ LAWS I\OW OR HEREAFTER L\" EFFECT. E\.'ECCTION.'v1.-\ Y&Ev1EDLA.TEL Y BE ISSL'ED ON THE Jl1)G:VfENT. WITHOUT PRIOR NOTICE OR HE,\RDG. TO GAR...'\1SH. LEVY OR A TT,-\.CH X\T PERSOI\AL PROPER TY OF :VIAKER. NO SL\"GLE EXERCISE OF THE FOREGOL\"G WARR,-\.I\T .-'I..'.m POWER TO CO~rESS JLTIGMEI\T SH,AlL BE DEEMED TO EXHAUST THE POWER. WHETHER OR ~OT A~Y SCCH EXERCISE SH.AlL BE HELD BY AN'" COL'RT TO BE V,AlID. VOIDABLE, OR VOID, BUT THE PO\HRSH..-\.LL C01'\TE'oiLJE UNDI:vlfr-,lSHED ,-'I..'\"D MAYBE EXERCISED FROM TIME TO TI\1E AS OFTEN AS THE PAYEE SH..AlL ELECT. li'NTIL .AlL SU1-1S PAYABLE OR TH..-\T MA.Y BECO~1E PA YABLE BY MAKER H.-\ VE BEEN PAID IT\ FULL. The remedies of Payee prodded herein and in the Security Documents and the Loan Agreement or otherwise available to Payee at law or in equity and the warrants ofanomey herein or therein contained shall be cumulative and concurrent, and may be pursued singly. successively and together at the sole discretion of Payee, and may be exercised as often as occasion therefor shall occur: and the failure to exercise any such right or remedy shall in no event be construed as a wai\'er or release of the same. -3- . ( Maker hereby releases Payee and said attorney or attorneys from all errors, defects and imperfections whatsoever in entering judgment by confession hereon as aforesaid or in issuing any process or instituting any proceedings relating thereto and hereby waives all benefit that might accrue to Maker by virtue of any present or future laws exempting .Maker's property, real or pel sonal, or any parr of the proceeds arising from any sale of any such property. from attachment, levy or sale undet execution, or providing for any stay of execution, exemption from civil process or extension of time. and agrees that such property may be sold to satisfY any judgment entered on this :-.iote or the Security Documents. in whole or in part and in any order as may be desired by Payee. Maker (and all endorsers, sureties and guarantors) waive the right to presentment for payment, demand, notice of demand. notice of non-payment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this :\ote; liability hereunder shall be unconditional and shall not be affected in any manner by any indulgence, extension of time. renewal, waiver or modification granted or consented to by Payee. Maker shall pay the cost of any revenue. tax or other stamps now or hereafter required by law at any time to be affixed to this Note or the Security Documents. and if any taxes shall be imposed with respect to debts secured by the Security Documents or with respect to notes evidencing debts so secured. Maker agrees to payor to reimburse Payee upon demand the amount of such taxes, and if .'vlaker fails or refuses or is not legally permitted to do so. P:lyee may at its option accelerate this :"ote to maturity as in the case of default by Maker. Maker hereby consents to the exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania. and for the District Coun for the .Middle District of Pennsylvania. in any and all actions or proceedings arising hereunder or pursuant hereto, and irrevocably agrees to service of process bycenified mail. ret:lm receipt requested. to the address for ~laker set fonh above or to such other address as .'vlaker may direct by notice to Payee This instrumem shall be construed according to and go\'emed by the laws of the Commonwealth of Pennsylvania. MAKER AND PAYEE EACH HEREBY W..VVES THE RIGHT TO TRl-'U. BY JURY OF .~"''Y MATTERS OR COJ\iROVERSIES ARISNG HEREl;XDER. The words "Payee" and "Maker" whenever occuning herein shall be deemed and consnued to include the respective heirs. personal representati\'es. successors and assigns of Payee and Maker. The obligation of the persons named as .'vlaker shall be joint and several. IN WlTNESS ""'HEREOF, Maker has duly executed this Note under seal the day and year -4- first above mentioned. ATTEST: .., /' 1./ ~p~*t:d ~~ ~>!~Lt.Ull ~cretary^ : I /" ~ _ '- V/iU. YtlS/{.Ufi::t! Lf..{;u{ t!Le I (' MAKER: Ci\l.o\BRESE & SONS, INe. . ''"'-,- ! /"', ----- By-- i-...... - -w,~,,----- Joseph A. Calabrese President -5- KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CALABRESE & SONS, INC. CONFESSION OF JUDGMENT Defendant CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note, 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 the Defendant for the sum of $296,837.67, and costs of suit. ~/- rl Eugen ~inSkY, Jr. Attorney for efendant by virtue of the authorization contained in the Note (-. -~ ~ ~ ~"\ j ~ 'V\ ~ ......... ~ -- ~ v. ...1) \ -t.. ~ f' ~ l \) "'\ ~ t l ..' . COMMERCE BANK/HARRISBURG, N.A., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 2004-03978 CALABRESE & SONS, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned case satisfied. KEEFER, WOOD, ALLEN & RAHAL, LLP ~ By: Eugene . Pepins i, r" Esquire Attorney J.D. No. :2 3 7u 2. P,O, Box 11963 210 Walnut Street Harrisburg, PA 17108-1963 (717) 612-5800 Date: 7/r~ /~ . J Attorney For Plaintiff .. , . Certificate of Service AND NOW, this 'tjth..- day of c::n)~, 2006, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be placed in the U,S. Mail, first class, postage prepaid and addressed as follows: Eugene E. Pepinsky, Ir" Esquire Keefer, Wood, Allen & Rahal, LLP P.O, Box 11963 210 Walnut Street Harrisburg, P A 17108-1963 and hand-delivered to: David A. Fitzsimons, Esquire 10 East High Street Carlisle, P A 17013 MomcaD.Zer~~ Reager & Adler, P.C, 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 (") C ?:. 'l:.J(: ,];,~ :: -1::::". ,C'., J" --"-' ,,~: " ,- r,::g "'." "" (/) 1'"' -..; I U1 ~~~, C: "-~'2, :;z . o -n -0 ~ :?-..,-, f11f': -OT:!\ ~~:~:,\: '-<\~-;:::', i~~i.; (jfG -".t S. ~ r:-? w CP