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HomeMy WebLinkAbout12-3057.OWEN E. MEALS, JR. IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF COMMONWEALTH OF PENNSYLVANIA VS. CIVIL ACTION LAW DELTA GROUP INC. Defendant CIVIL TERM - /2 - JOSS' CONFESSION OF JUDGMENT Pursuant to the Warrant of Attorney contained in the aforementioned Promissory Note, the origin I ?r of which is attached to the Complaint filed in this action, I appear for th ? ?~ and confess judgment in favor of Plaintiff and against the Defendant, DELTA GROUP INC., as follows: Principal $ 6,798.75 J 7 Interest to May 15, 2012 866.84 c7) r- Attorney's Fee 500.00 -A r ; r - --; Filing Fees 100.00 A TOTAL $ 8,265.59 with interest from May 15, 2012 on the principal sum of $8,265.59 at the rate of 6% per annum. Respectfully submitted, DUNCAN & HARTMAN, P.C. Dated: M By: ? c ?- William A. Duncan, Esquire 'iP°i? `r PA ID # 22080 Attorney for Plaintiff 4 %..c0 - PAL w C<4 //i,9 12--4 ?szlq r AJAc£, mgt C£c OWEN E. MEALS, JR. Plaintiff VS. DELTA GROUP INC. Defendant IN THE COURT OF COMMON PLEAS COUNTY OF COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM COMPLAINT FOR JUDGMENT BY CONFESSION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951, ET SEQ. Plaintiff, OWEN B. MEALS, JR., by his attorney, William A. Duncan, files this Complaint in Confession of Judgment. 1. Plaintiff, OWEN B. MEALS, JR., is an adult individual with his principal address at 1300 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, DELTA GROUP INC., is a Pennsylvania Corporation existing under the laws of the Commonwealth of Pennsylvania, with a place of business located at 1909 Ritner Highway, Suite 1, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about November 7, 2009, Defendant, DELTA GROUP INC., entered into a Promissory Note in favor of Plaintiff, OWEN E. MEALS, JR., in the original amount of Ten Thousand Dollars ($10,000.00). A true and correct copy of the Note, which contains the Warrant of Attorney upon which this judgment is confessed, is attached hereto as Exhibit "A" and is a part hereof. 4. Defendant, DELTA GROUP INC., has defaulted in this obligation under the Note by failing to make payments thereupon since April 2010 and by its failure to pay off the Note on the maturation date of October 31, 2011. 5. Pursuant to the Note, judgment may be entered against Defendant, DELTA GROUP INC., for all monies due without notice or demand. 6. Pursuant to the Note, and by reason of Defendant, DELTA GROUP INC., defaults, the following amounts are currently due and owing Plaintiff, OWEN E. MEALS, JR., Principal Interest to May 15, 2012 Attorney's Fee Filing Fees TOTAL $ 6,798.75 866.84 500.00 100.00 $ 8,265.59 Interest accrues at a rate of $ 1.36 per dayfor each day after May 15, 2012 that this indebtedness remains unpaid. In an event of a petition to strike or open this judgment is filed, OWEN E. MEALS, JR., reserves the right to have interest and attorney's fees brought current. 7. There has been no assignment of the Note. 8. Judgment has not been entered on the Note in any other jurisdiction. 9. Pursuant to the Note, $8,265.59 is currently due and owning Plaintiff, OWEN E. MEALS, JR., from Defendant, DELTA GROUP INC., have failed to pay the amount due. WHEREFORE, Plaintiff, OWEN E. MEALS, JR., requests that judgment be entered in its favor and against Defendant, DELTA GROUP, INC., in the sum of $8,265.59 and all costs of suit. DATED: DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esquire Attorney for Plaintiff CERTIFICATION OF COMMERCIAL TRANSACTION I, Owen E. Meals, Jr., hereby deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities that the underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his knowledge, information and belief. r ?> Date: f Owen E. Meals, Jr. ?, VERIFICATION I, Owen E. Meals, Jr., verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 19Pa.C.S. section 4909, relating to unsworn falsification to authorities. Date: 1 Owen E. Meals, Jr. NOTE (FIXED RATE) NOVEMBER 7, 2008 CAMP HILL PENNSYLVANIA [Date] [City] [State] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $10,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Owen E. Meals, Jr. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of SIX PERCENT (6%). The interest rate required by this Section 2 is the rate I will pay after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments of principal and interest on the first day of each month beginning on November 1. 2009. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to principal and interest until October 31, 2011. If on October 31, 2011 1 still owe an amount under this Note, 1 will pay those amounts in full on that date, which is called the "maturity date". I will make my monthly payments at: EA VJ j S?e,1 Ca rhs 1-- W 1'1 O l3 Or, at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payments of principal and interest will be $443.21. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I will make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i.) any such loan charge shall be reduce by the amount necessary to reduce the charge to the permitted limit; and, (ii.) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (B) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one persons signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument described how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender is exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date of the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1 1. CONFESSION OF JUDGMENT BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT AND TEN (10) DAY ADVANCE NOTICE TO BORROWER UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE/MORTGAGE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. THE BORROWER STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED WITNESS: Delta Group, Inc. n , (SEAL) Delta Group I Borrower By, Micha . Yingling, President OWEN E. MEALS, JR. Plaintiff VS. , DELTA GROUP INC. Defendant , TO DELTA GROUP INC., Defendant c/o Michael B. Yingling, President IN THE COURT OF COMMON PLEAS COUNTY OF COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION LAW CIVIL TERM - You are hereby notified that on May 15, 2012, judgment by Confession was entered against you in the sum of S 8,265.59 in the above- captioned case. DATE: Y//15// 2--11 , il ) E/ Prothonotary 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 OR AS DIRECTED BY ATTORNEY I hereby certify that the following is the address of the defendant stated in the certificate of residence: 1909 Ritner Highway. Suite # 1 Carlisle, PA 17013 William A. Dunc n, Attorney for Plaintiff A Defendido/a Defendidos/as Usted esta siendo notificado que el 15th de May del 2012, se anoto en contra suya un fallo por confesion en la suma de $ 10,000.00 en el caso mencionado en el epigrafe. FECHA: Prothonotario USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NI TIENE UN ABOGADO O NO PUEDRE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: ?- -- ? A Ali D,-?tt Abo do del ndante OWEN E. MEALS, JR. IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF COMMONWEALTH OF PENNSYLVANIA VS. CIVIL ACTION LAW DELTA GROUP INC. . Defendant CIVIL TERM - i'? , .cos? ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, OWEN E. MEALS, JR. and enter judgment for Plaintiff and against Defendant DELTA GROUP INC. for money damages. DATED: d ? ?? DUNCAN & HARTMAN, P.C. By: A/I `l OA- c -„ William A. Duncan, Esquire Attorney for Plaintiff . ,