HomeMy WebLinkAbout11-7662FEESERS, INC. t/a
FEESERS FOOD DISTRIBUTORS,
Plaintiff
V.
MICHAEL V. SPADAFORE,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION - LAW
CONFESSION OF JUDGMENT WHERE ACTION
COMMENCED BY COMPLAINT
Pursuant to the authority contained in the warrant of attorney, the copy of which is
attached to the Complaint filed in this action, I appear for the Defendant and confess judgment
favor of the Plaintiff and against Defendant as follows: '
a. Balance of principal: $10,621.63
b. Accrued unpaid interest through 9/22/2011 '7i
at 18% per annum: $ 1,388.09 .?
" - - -1
c. Late charges: $ 200.00 .°
d. Attorney's commission of 10% as authorized = oar-'
by the Note: 1220.97
TOTAL $13,430.69* :-
*Plus the following amounts accruing after September 22, 2011:
a. Interest at the rate specified by the Note, 18% per annum or $5.24 per diem
starting September 23, 2011;
b. Costs of suit; and
c. Additional attorney's fees to the extent they exceed the amount set forth above.
Respectfully submitted,
LAW OFFICES OF MARKIAN R. SLOBODIAN
By: -C--
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Markian R. Slobodian, Esq.
ID #41075
801 North Second Street
Harrisburg, PA 17102
717/232/5180
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FEESERS, INC. t/a
FEESERS FOOD DISTRIBUTORS,
Plaintiff
V.
MICHAEL V. SPADAFORE,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND/ COUNTY, PENNSYLVANIA
/lam 7?p6 L fit/ I L?f'YI
:NO.
: CIVIL ACTION - LAW
COMPLAINT IN CONFESSION OF JUDGMENT
NOW COMES, Plaintiff Feesers, Inc., t/a Feesers Food Distributors ("Feesers"), by its
attorneys, The Law Offices of Markian R. Slobodian, and files this Complaint in Confession of
judgment for money against Defendant, Michael V. Spadafore ("Spadafore") for the following
reasons:
1. Plaintiff, Feesers, is a Pennsylvania corporation having its principal place of
business at 5561 Grayson Road, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendant Spadafore is an adult individual with a last known address of 115
Mountain View Drive, Enola, Cumberland County, PA 17025.
THE PROMISSORY NOTE
3. On or about January 13, 2010, in connection with a certain extension of credit from
Feesers, Defendant Spadafore made, executed, and delivered to Feesers a certain Promissory
Note (the "Note") in the amount of $16,471.63 payable to Feesers through installments of $500
per month, due on or before the last day of each month, until paid in full. A true and correct
copy of the Note is attached hereto and incorporated herein as Exhibit "A".
4. The Note further provides that in the event any installment of principal and interest
were not paid when due, then Defendant would pay to Feesers a late charge of 5% of the
amount past due.
5. The Note further provided that if Defendant should fail to pay any sum when due
or in any other way default under the terms of the Note, then the entire unpaid balance of the
Promissory Note, together with interest accrued thereon and all other sums due or owed by
Defendant thereunder shall at Feesers' option and without notice to Defendant become due and
payable immediately with interest at the rate of 18% per annum (the "Default Interest Rate")
together with court costs and reasonable attorneys' fees for collection of not less then 10% of the
balance owed.
CONFESSION OF JUDGMENT
6. The Note authorizes Feesers to confess judgment against the Defendant for the
entire principal balance owing to Feesers upon Defendant's default under the terms of the Note
without further demand or notice.
7. The Note authorizes Feesers to confess judgment against Defendant "FOR THE
AMOUNT FOR WHICH MAKER MAY BE OR BECOME LIABLE TO PAYEE UNDER THIS
NOTE, WITH OR WITHOUT DEFAULT, PLUS REASONABLE ATTORNEY'S FEES OF NOT
LESS THAN TEN PERCENT (10%) OF THE BALANCE OWED, WITH COSTS OF SUIT,
RELEASE OF ERRORS, AND WITHOUT RIGHT OF APPEAL"
8. The Note has not been released, transferred, or assigned.
9. Judgment has not been entered against the Defendant on this Note in any
jurisdiction.
10. This judgment is being entered in connection with a commercial transaction and is
not being entered by confession against a natural person in connection with a consumer credit
transaction.
2
DEFAULT
11. Defendant has defaulted on his obligation under the Note by failing to make the
required payment for January 31, 2011 and thereafter, thereby making the entire principal
balance immediately due and payable.
12. To date, the Defendant has failed and refused to pay the balance due, which failure
and refusal constitutes a breach of terms of a Note.
13. The following amounts are now due and payable on the Note as of September 22,
2011:
a. Balance of principal: $10,621.63
b. Accrued unpaid interest through 9/22/2011
at 18% per annum: $ 1,388.09
c. Late charges: $ 200.00
d. Attorney's commission of 10% as authorized
by the Note: 1220.97
TOTAL $ 13,430.69*
*Plus the following amounts accruing after September 22, 2011:
a. Interest at the rate specified by the Note, 18% per annum or $5.24 per diem
starting September 23, 2011;
b. Costs of suit; and
c. Additional attorney's fees to the extent they exceed the amount set forth
above.
WHEREFORE, Plaintiff Feesers, Inc. demands judgment against the Defendant in the
amount of $13,430.69, plus costs of suit and the following amounts accruing after September 22,
2011:
1. Interest at the rate specified by the Note, 18% per annum or $5.24 per diem after
September 22, 2011 to date of judgment; and
3
2. Interest at the contract rate of 18% per annum after the date of judgment, plus
additional attorney's fees and costs, until Defendant's obligation is satisfied.
Respectfully submitted,
LAW OFFICES OF MARKIAN R. SLOBODIAN
By:
MARKIAN R. SLOBODIAN, ESQ.
ID NO. 41075
801 North Second Street
Harrisburg, PA 17102
Dated: 717/232-5180
Attorneys for Plaintiff, Feesers, Inc.
EXHIBIT "A"
PROMISSORY NOTE
$ s s?jr Harrisburg, Pennsylv is
Date: Me/ a
FOR VALUE RECEIVED, ? dt J 7f'"L're-, residing at
r j >. • (hereinafter the "Maker")
unconditionally promises to pay to the ord r of Feesers, c. t/a Feesers Food Distributors with offices at
5561 Grayson Road, Harrisburg, Dauphin County, Pennsylvania 17111 ("Payee" or "Feesers") the sum of
,5-r e , -p 1- 4n C? ($ 4M plus interest at the rate of %
per annum.
Interest shall be calculated based on the outstanding principal balance on the basis of a 360 day
year, but shall be charged for the actual number 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 as the holder of this Note may designate, in the following
manner:
Commencing on the L j-day of -J An 201_-0 and continuing for the following ,,j months,
Maker shall pay Feesers the sum of -F, - Dollars ($ 5"?JL9, ?' ) on or before
the 14St day of each month. A final payment in the full amount of the entire outstanding balance of
principal plus all interest accrued thereon and all other sums owed by Maker to Payee shall be due and
payable on (hereinafter the "Maturity Date"). Each installment shall be applied
first to the payment of accrued interest and then to the reduction of the principal sum.
Maker shall have the privilege without premium, fee or penalty, at any time and from time to
time, of prepaying this Note in whole or in part, provided that each prepayment shall be accompanied by
accrued interest on the amount prepaid.
Maker agrees that in the event any installment of principal or interest is not 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 provision 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 forth.
If Maker shall fail to pay any sum when due or if Maker shall in any other way be in default
hereunder or under this Note or if any certification, 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 Maker hereunder shall 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 the rate of 18% per annum (the "Default Interest Rate"), together with
Court costs and reasonable attorney's fees for collection of not less than ten percent (10%) of the balance
owed, 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 IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY
OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT THEREIN
AGAINST MAKER FOR THE AMOUNT FOR WHICH MAKER MAY BE OR BECOME LIABLE TO
PAYEE UNDER THIS NOTE, WITH OR WITHOUT DEFAULT, PLUS REASONABLE
ATTORNEY'S FEES OF NOT LESS THAN TEN PERCENT (10%) OF THE BALANCE OWED,
WITH COSTS OF SUIT, RELEASE OF ERRORS, AND WITHOUT RIGHT OF APPEAL. MAKER
WAIVES THE RIGHT TO ANY STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION
LAWS NOW OR HEREAFTER IN EFFECT. EXECUTION MAY IMMEDIATELY BE ISSUED ON
THE JUDGMENT, WITHOUT PRIOR NOTICE OR HEARING, TO GARNISH, LEVY OR ATTACH
ANY PERSONAL PROPERTY OF MAKER. NO SINGLE EXERCISE OF THE FOREGOING
WARRANT AND 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
MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE PAYEE SHALL ELECT, UNTIL
ALL SUMS PAYABLE OR THAT MAY BECOME PAYABLE BY MAKER HAVE BEEN PAID IN
FULL.
Maker (and all endorsers, sureties and guarantors) waives 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 Note; 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 hereby consents to the exclusive jurisdiction and venue of the Court of Common Pleas of
Dauphin County, Pennsylvania, and for the District Court 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 by certified mail, return receipt requested, to the address for Maker set forth above or to such
other address as Maker may direct by notice to Payee
This instrument shall be construed according to and governed by the laws of the Commonwealth
of Pennsylvania.
MAKER HEREBY WAIVES THE RIGHT TO TRIAL BY JURY OF ANY MATTERS OR
CONTROVERSIES ARISING HEREUNDER.
The words "Payee" (or "Feesers") and "Maker" whenever occurring herein shall be deemed and
construed to include the respective heirs, personal representatives, successors and assigns of Payee (or
"Feesers") and Maker. The obligation of the persons named as Maker shall be joint and several.
IN WITNESS WHEREOF, Maker has duly executed this Note under seal the day and year first
above mentioned.
WITNESS:
By
Print Name: C7n
MAKER:
By &?? K4W??
Print Name:/4CGK,4
-2-
VERIFICATION
Subject to the penalties of 18 U.S.C. § 4904, relating to unsworn falsification to authorities, I
hereby certify that I am authorized to verify the foregoing Complaint and, further, that the facts
set forth in the Complaint are true and correct to the best of my information and belief.
JOHN TIGHE
Executive Vice President and
Chief Operating Officer
FEESERS, INC. t/a
FEESERS FOOD DISTRIBUTORS,
Plaintiff
V.
MICHAEL V. SPADAFORE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. //- -71%/f7
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE UNDER RULE 2951
I hereby certify that the precise residence and complete post office address of the Plaintiff,
Feers, Inc. t/ a Feesers Food Distributors is 5561 Grayson Road, Harrisburg, Pennsylvania.
I hereby certify that the precise residence and complete post office address of Defendant
Michael V. Spadafore,115 Mountain View Drive, Enola, Cumberland County, PA 17025.
LAW OFFICES OF MARKIAN R. SLOBODIAN
By:
Markian R. Slobodian, Esq.
ID #41075
801 North Second Street
Harrisburg, PA 17102
Dated: 717/232/5180
' C)
ice?
4
FEESERS, INC. t/a
FEESERS FOOD DISTRIBUTORS,
Plaintiff
V.
MICHAEL V. SPADAFORE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ??"" 7(O(Oo? CIU?G ???1
: CIVIL ACTION - LAW
RULE 236 NOTICE OF ENTRY OF JUDGMENT WHERE
JUDGMENT IS CONFESSED
NOTICE OF DEBTOR'S RIGHTS
TO: Michael V. Spadafore, Defendant //
You are hereby notified that on to b 11 2011, judgment by
confession was entered against you in the sum of $13,430.69, plus interest at the rate specified by
the Notes, 18% per annum or $5.24 per diem starting September 23, 2011, plus attor e 's fees to
4?
the extent they exceed $1,220.97. 0%, am,`
DATE: /o/o/
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
I hereby certify that the following is the address of the Defendant(s) stated in the certificate of
residence:
Respectfully submitted,
LAW OFFICES OF MARKIAN R. SLOBODIAN
Markian R. Slobodian, Esq.
ID #41075
801 North Second Street
Harrisburg, PA 17102
717-232-5180
c) 2? ?Attorneys for Feesers, Inc.
Dated: 1
A Michael V. Spadafore, Defendido/a
Usted esta siendo notificado que el de del 2011, se anoto en
contra suya un fallo por confesion en la suma de $13,430.69 en el caso mencionado en el epigrafe.
FECHA:
Protonotario
USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED
NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA
SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado
de residencia:
4 1r
Abogado del Demandante
FEESERS, INC. t/a
FEESERS FOOD DISTRIBUTORS,
Plaintiff
V.
MICHAEL. V. SPADAFORE,
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANJA F'
C__
NO. 11-7662 Civil Term
CIVIL ACTION - LAW -r- i * ;''
?C5 -v 8-n
^
=CD gyp ? 1
C)
PRAECIPE TO SATISFY JUDGMENT w'
TO: THE PROTHONOTARY OF CUMBERLAND COUNTY.
Please mark the judgment in the above-referenced action as SATISFIED.
LAW OFFICES OF MARKIAN R. SLOBODIAN
I/2'
Dated: l ( 3c. \
MARKIAN R. SLOBODIAN, ESQ.
I.D. No. 41075
801 North Second Street
Harrisburg, PA 17102
(717) 232-5180
Attorneys for Plaintiff, Feesers, Inc.
CERTIFICATE OF SERVICE
I certify that I have, this date, served a true and correct copy of the foregoing Praecipe
on the following individuals via first class mail, postage paid:
Michael V. Spadafore
115 Mountain View Drive
Enola, PA 17025
Craig A. Diehl, Esq.
3464 Trindle Road
Camp Hill, PA 17011
,A llvk,1?10111-de-
AREN L. H CARRO L, Legal Secretary
Dated: o ? • 3 (I I 1 -?-