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HomeMy WebLinkAbout12-3355PENNSYLVANIA: -4? I a • 3355 01 Vi 1 IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY StellarOne Bank, ? - a Virginia corporation, Plaintiff, c- :J, r ? -= V. ? _ r P.P.J.C., L.C., et aL, Defendants. AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1) OF THE PENNSYLVANIA CONSOLIDATED STATUTES COMMONWEALTH OF VIRGINIA, CITY OF RICHMOND: Before me this day came Jennifer M. McLemore, who first being duly sworn, stated as follows: 1. My name is Jennifer M. McLemore. I am a member of the Virginia State Bar. My bar number is 47164. I am a partner at the firm of Christian & Barton, L.L.P., a Richmond, Virginia, law firm. I have personal knowledge of the facts in this Affidavit. 2. I make this Affidavit in support of the request by StellarOne Bank, a Virginia corporation, to record a foreign judgment in the form of an Agreed Final Order and Judgment entered by the Circuit Court for the City of Richmond of the Commonwealth of Virginia on April 2, 2012. 3. The name of the judgment debtor is James Estill Cornett, III. Mr. Cornett's social security number is 227-88-8341 Mr. Cornett's last known address 01 "'? t'-?;' ' ("I a 00 4-)L? 3Uo ,tea? s $ Is \\ 1,1 t,k:r P Wk APd is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230. 4. Mr. Cornett has property located in Cumberland County, Pennsylvania at the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. 5. The address of the judgment creditor herein is StellarOne Bank, a Virginia corporation, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233. 6. The April 2, 2012 judgment entered in the above-captioned matter by the Circuit Court for the City of Richmond, Virginia is valid, enforceable, and unsatisfied. MC / - Jenmf M. McLemore Christian & Barton, L.L.P. 909 East Main Street, Suite 1200 Richmond, Virginia 23219 Subscribed and sworn to before me, a Notary Public in and for the Commonwealth of Virginia, on this 25th day of May, 2012. i tary Public My commission expires: ,C/ P, No W Y P •. s . a ???.: Z . COMfiIn SS10N Q NUAnIER q 363282 tTH OF`?P 1276?$9r?111 2 CERTIFICATION OF OFFICIAL RECORD case No........ CL11 -3553 RICHMOND CIRCUIT COURT.........._ ..................................................................................Virginia. Clerk's Attestation I, rh,- Cleric of rhk Court_ attest that the annexed Certification of an Agreed Final Order and Judgment entered by the court 4/2/12. STELLARONE BANK VS P.P.J.C., L.C., ET AL -.1.1 --- nDv una%,r Ir t tun yr .?•- is an official record of this Court in my custody. is a true, correct and complete copy of an official record of this Court in my custody and I am the custodian of that record. The annexed copy has been examined and compared with the original. Given under my hand the seal of this Court on ?.01.2 ............. - EPUTY CLERK X CLERK _ - - BEVILL M. DEAN tJa __ .....N ............................................................. . . .. TYPED NAME OF CLERK - ' _33 ` a rv-f CD Judge's Certification I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court, is in proper form, and that the signature thereto is genuine. April 20, 201 2 , Judge DATE..... Beverly Snukals .............................................................................................. TYPED NAME OF JUDGE Clerks of Virginia Courts: When an original record or copy of a record is transmrttea to anotner Virginia court, only the clerk's attestation is required. When either an original record or copy is transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are required. Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit. FORM CC-1030 PDF (MASTER) 6106 Va. Code §§ 8.01-389 & 8.01 -391; U. S. Const.'an. IV, Sec. 1; 28 U.S.C. § 1738 V 1 VIRGINIA: RC REIV T C0 - bPR 0 2 2012 <g, IN THE CIRCUIT COURT FOR THE CITY OF RICHMO av, John Marshall Court Building Stell4rOne Bank, a Virginia corporation, Plaintiff, V. P.P.J.C., L.C., et al., Defendants. Case No. CLII-3553-00 AGREED FINAL ORDER AND JUDGMENT This cause arises out of a promissory note dated August 8, 2008 given by P.P.J.C.; L.C. ("PPJC") payable to the order of Plaintiff, StellarOne Bank, a Virginia corporation ("Plaintiff'), the repayment of which was secured, in part, by guaranties executed by J. Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards (collectively, the "Guarantors") (PPJC and the Guarantors are collectively referred to as the "Defendants"). Upon the motion of the parties, by their respective counsel, this Court rubs as follows: (1) that Plaintiff shall have a judgment for money, and judgment is hereby ENTERED in the principal amount of $570,751.03, plus attorneys' fees and costs in the amount of $45,085.00, for a total of $615,836.03, jointly and severally, against PPJC, J. Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards; and (2) that in addition to the amount set forth in paragraph (1) above that is jointly and severally due by Defendants, the Plaintiff shall have a separate judgment for L money, and judgment is hereby ENTERED in the principal amount of $100,000.00 solely against PPJC; and (3) that post judgment interest on the principal sums awarded in paragraphs (1) abd (2) above shall accrue from the date of this judgment at the judgment rate until paid. It is so ORDERED. There being nothing further, this matter is stricken from the docket. The Clerk shall send a certified copy of this Order to all counsel of record. ENTER: ?-/ / a /2012 .ti ba?ff& L ,_ B o 71177) R. Gaines Tavern r ( B No. 16086) CHAISTIAN & BARTON, L.L.P. 909 East Main Street, Suite 1200 Richmond, Virginia 23219-3095 Tel.: (804) 697-4100 Fax: (804) 697-4112 Counsel for Plaintiff #1239822 ircuit iourt dge J,, e Tea-a.7 BE ILL iii. J CLERX SEENMLNID AGuwAGn1 D. C. Rex L. Edwards, J . SB No. 31212) Davies, Barrell, Will, ellyn & Edwards, PLC 122 West Cameron St. Culpeper, Virginia 22701 Tel.: (540) 825-6000 Fax: (540) 825-1989 Counsel for Defendants 2 PENNSYLVANIA: IN THE CIRCUIT COURT FOR CUMBERLAND COOtr-V -? - ,'' '. StellarOne Bank, a Virginia corporation, Plaintiff, V. P.P.J.C., L.C., et aL, Defendants. Case No. 2012-03355 NOTICE OF FILING OF JUDGMENT AND CERTIFICATE OF MAILING Pursuant to Title 42, Section 4306(c)(2) of the Pennsylvania Consolidated Statutes, I hereby give notice that I, Jennifer M. McLemore, as counsel to StellarOne Bank, a Virginia Corporation and Judgment Creditor, mailed on this day by Regular United States Postal Service a copy of this document and the Agreed Final Order and Judgment entered on April 2, 2012 by the Circuit Court for the City of Richmond (attached hereto) (the "Judgment") to James Estill Cornett, III, the judgment debtor, at the following addresses: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055 and 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230. The Judgment was recorded in the Circuit Court for Cumberland County, Pennsylvania, on May 29, 2012. Date: June 6, 2012 Respectfully Submitt , 4Jen fer M. McLemore Christian & Barton, LLP 909 E. Main Street, Suite 1200 Richmond, Virginia 23219 Telephone: (804) 697-4129 Facsimile: (904) 697-4129 Counsel to StellarOne Bank, a rirginia Corporation 1278510 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 STELLARONE BANK (VS) PPJC LC ET AL Case Number 2012-03355 Received of PD BY ATTY MCLEMORE BH Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 33.50 Check# .00 .00 $33.50 Receipt Date 5/29/2012 Receipt Time 10:34:43 Receipt No. 275815 429340 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount EX RECORD/SAT 19.00 CUMBERLAND CO GENERAL FUND SATISFACTION 9.50 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND $33.50 ' MAY 11 zoiz Christian & Batton, LLP. PENNSYLVANIA: 4(a-3355 C-01 IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY StellarOne Bank, r ' a Virginia corporation, ,-== Plaintiff, :n r7 rv < V. Q _Z P.P.J.C. et al L.C. c o , c , , , Defendants. AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1) OF THE PENNSYLVANIA CONSOLIDATED STATUTES COMMONWEALTH OF VIRGINIA, CITY OF RICHMOND: Before me this day came Jennifer M. McLemore, who first being duly sworn, stated as follows: 1. My name is Jennifer M. McLemore. I on a member of the Virginia State Bar. My bar number is 47164. 1 am a partner at the firm of Christian & Barton, L.L.P., a Richmond, Virginia, law firm. I have personal knowledge of the fads in this Affidavit. 2. I make this Affidavit in support of the request by StellarOne Bank, a Virginia corporation, to record a foreign judgment in the form of an Agreed Final Order and Judgment entered by the Circuit Court for the City of Richmond of the Commonwealth of Virginia on April 2, 2012. 3. The name of the judgment debtor is James Estill Cornett, III. Mr. Cornett's social security number is 227-88-8341. Mr. Comett's last known address S° PA C, 4A 3yo a7s$ts VkhktP %ftikp_ is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230. 4. Mr. Cornett has property located in Cumberland County, Pennsylvania at the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. The address of the judgment creditor herein is StellarOne Bank, a Virginia corporation, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233. 6. The April 2, 2012 judgment entered in the above-captioned matter by the Circuit: Court for the City of Richmond, Virginia is valid, enforceable, and unsatisfied. A4c- JennifWNI. McLemore Christian & Barton, L.L.P. 909 East Main Street, Suite 1200 Richmond, Virginia 23219 Subscribed and sworn to before me, a Notary Public in and for the Commonwealth of Virginia, on this 25th day of May, 2012. tary Public My commission expires: Ju n? 30? ?p/? 38 12?? ? ? 1 III,, 2 CERTIFICATION OF OFFICIAL RECORD Case No....... CL1173553 RICHMON.D.CIRCUIT COURT ..Virginia. . . Clerk's Attestation I, the Clerk of this Court, attest that the annexed Certification of an Agreed Final Order and Judgment entered by the court 4/2/12. STELLARONE BANK VS P.P.J.C., L.C., ET AL DESCRIPTION OF ORIGINAL RECORD OR COPY ? is an official record of this Court in my custody. is a true, correct and com lete copy of an official record of this Court in my custody and I am the custodian of that record. t annexed copy has been examined and compared with the original. Given under my hand the seal of this Court on 2.01.2 .............. EPUTY CLERK 7f CLERK DEAN -' "' BEVILL M . , T _ c?a .. ....... . ...................... ? . . .. TYPED NAME OF CLERK .. ... p 1 lr:, Judge's Certification I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court, is in proper form, and that the signature thereto is genuine. April 20, 20.1.2 ..... , Judge ............DATE ..... ....... Beverly Snukals .............................................................................................. TYPED NAME OF JUDGE Clerks 4f Virginia Courts: When an original record or copy of a record is transmitted to another Virginia court, only the clerk's attestation is required. When either an original record or copy is transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are required. Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit. FORM CC-1030 PDF (MASTER)606 Va. Code it 8.01-3894 8.01-391; U. S. Can&`am IV. Sec. 1; 28 U.S.C.1 1738 RECEIVED ivF14 E?' CIRCUIT COURT VIRGINIA: PR 0 2 2012 g:y? BEVILL ,?EApt.GDJDJ IN THE CIRCUIT COURT FOR THE CITY OF RICHMO John Marshall Court Building SteylorOae Bank, it is corporation, Plaintiff, V. P.PJ.C., L.C., a a&, Defendants. Case No. CL113553-00 This cause arises out of a promissory note dated August 8, 2008 given by P.P.J.C., L.C. ("PPJC") payable to the order of Plaintiff, StellarOne Bank, a Virginia corporation ("Pllaim in, the repayment of which was secured, in part, by guaranties executed by J. Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards (collectively, the "Guarantors") (PPJC and the Guarantors are collectively referred to as the "Mfbndants") Upon the motion of the parties, by their respective counsel, this Court rules as follows: (1) that Plaintiff shall have a judgment for money, and judgment is hereby EI MED in the principal amount of $570,751.03, plus attorneys' fees and costs in the amount of $45,085.00, for a total of $615,836.03, jointly and severally, against PPJC, J. Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards; and (2) that in addition to the amount set forth in paragraph (1) above that is joinly and severally due by Defendants, the Plaintiff shall have a separate judgment for i i money, and judgment is hereby ENTERED in the principal amount of $100,000.00 solely against PPJC; and (3) that post judgment interest on the principal sums awarded in paragraphs (1) ahd (2) above shall acmue from the date of this judgment at the judgment rate until paid. It is so ORDERED. There being nothing further, this matter is stricken from the docket. The Clerk shall send a certified copy of this Order to all counsel of record. ENTER: '7 / a /2012 O#dge ?- CLMX D.C. ba?ff& L =(QJIB o 71177) R. Oaines T(VSB No. 16086) C*STIAN & BARTON, L.L.P. 9" East Main Street, Suite 1200 Richmond, Virginia 23219-3095 Tel.: (804) 697-4100 Fax: (804) 697-4112 C el for Plaintiff Ubm Rex L. Edwards, J SB No. 31212) Davies, Bartell, Will, llyn & Edwards, PLC 122 West Cameron St. Culpeper, Virginia 22701 Tel.: (540) 825-6000 Fax: (540) 825-1989 Counsel for Defendants 2 PENNSYLVANIA: IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY StellarOne Bank, a Virginia corporation, -: Plaintiff, r ; V. P.P.J.C., L.C., et aL, c-, erg -,? _. Defendants. AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1) OF THE PENNSYLVANIA CONSOLIDATED STATUTES COMMONWEALTH OF VIRGINIA, CITY OF RICHMOND: Before me this day came Jennifer M. McLemore, who first being duly sworn, stated as follows: 1. My name is Jennifer M. McLemore. I am a member of the Virginia State Bar. My bar number is 47164. I am a partner at the firm of Christian & Barton, L.L.P., a Richmond, Virginia, law firm. I have personal knowledge of the facts in this Affidavit. 2. I make this Affidavit in support of the request by StellarOne Bank, a Virginia corporation, to record a foreign judgment in the form of an Agreed Final Order and Judgment entered by the Circuit Court for the City of Richmond of the Commonwealth of Virginia on April 2, 2012. 3. The name of the judgment debtor is James Estill Cornett, III. Mr. Cornett's social security number is 227-88-8341. Mr. Cornett's last known address is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230. 4. Mr. Cornett has property located in Cumberland County, Pennsylvania at the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. 5. The address of the judgment creditor herein is StellarOne Bank, a Virginia corporation, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233. 6. The April 2, 2012 judgment entered in the above-captioned matter by the Circuit Court for the City of Richmond, Virginia is valid, enforceable, and unsatisfied. G , ??- Jennif M. McLemore Christian & Barton, L.L.P. 909 East Main Street, Suite 1200 Richmond, Virginia 23219 Subscribed and sworn to before me, a Notary Public in and for the Commonwealth of Virginia, on this 25th day of May, 2012. e 1?? tary Public My commission expires: Ju. he,? _ o : COMMIS ION • Z a 0- NUMBER 3-' 363282 ACTH 0* 12'?6??$?1111{11 2 CERTIFICATION OF OFFICIAL RECORD Case No....... CL1 1-3553 RICHMOND C . .IRCUIT.000.RT „Virginia. .......R ...................................... Clerk's Attestation I, the Clerk of this Court, attest that the annexed Certification of an Agreed Final Order and Judgment entered by the court 4/2/12. STELLARONE BANK VS P.P.J.C., L.C., ET AL DESCRIPTIOTIO ORIGINALRP. RnnR CnPV ? is an official record of this Court in my custody. is a true, correct and complete copy of an official record of this Court in my custody and I am the custodian of that record. The annexed copy has been examined and compared with the original. Given under my hand the seal of this Court on 1...2D.,201.2 .............. ATE EPUTY CLERK X CLERK W BEVILL M. DEAN ................................. ...............:.. TYPED NAME OF CLERK _ • -' L7 ? N -< V0 Judge's Certification n CD E3 "-r` I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerkbf this Court, is in proper form, and that the signature thereto is genuine. April 20, 2012 Judge ...................................... 6zi DATE Beverly . Snukals .............................................................................................. TYPED NAME OF JUDGE Clerks of Virginia Courts: When an original record or copy of a record is transmitted to another Virginia court, only the clerk's attestation is required. When either an original record or copy is transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are required. Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit. FORM CC-1630 PDF (MASTER) 6106 Va. Code §§ 8.01-389 & 8.01 -391; U. S. Cant art. IV, Sec. 1; 28 U.S.C. § 1738 RECEIVED RCU T COURT VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF John Marshall Court Building StellarOne Bank, a Virginia corporation, Plaintiff, V. P.P.J.C., L.C., et a4 Defendants. Case No. CL1I-3553-00 AGREED FINAL ORDER AND JUDGMENT MIR 0 2 2012 g: y This cause arises out of a promissory note dated August 8, 2008 given by P.P.J.C.; L.C. ("PPJC") payable to the order of Plaintiff, StellarOne Bank, a Virginia corporation ("Plaintiff"), the repayment of which was secured, in part, by guaranties executed by J. Philip Cornett, Pamela Hoag, James E. Cornett, M, and Cynthia Edwards (collectively, the "Guarantors") (PPJC and the Guarantors are collectively referred to as the "Defendants"). Upon the motion of the parties, by their respective counsel, this Court ' rules as follows: (1) that Plaintiff shall have a judgment for money, and judgment is hereby ENTERED in the principal amount of $570,751.03, plus attorneys' fees and costs in the amount of $45,085.00, for a total of $615,836.03, jointly and severally, against PPJC, J. Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards; and (2) that in addition to the amount set forth in paragraph (1) above that is jointly and severally due by Defendants, the Plaintiff shall have a separate judgment for i money, and judgment is hereby ENTERED in the principal amount of $100,000.00 solely against PPJC; and (3) that post judgment interest on the principal sums awarded in paragraphs (1) and (2) above shall accrue from the date of this judgment at the judgment rate until paid. It is so ORDERED. There being nothing further, this matter is stricken from the docket. The Clerk shall send a certified copy of this Order to all counsel of record. ENTER: `7 1 a /2012 -ASK FOR THIS: B. B o 71177) R. Chines Taveni B No. 16086) CHRISTIAN & BARTON, L.L.P. 909 East Main Street, Suite 1200 Richmond, Virginia 23219-3095 Tel.: (804) 697-4100 Fax: (804) 697-4112 Counsel for Plaintiff #1239822 umut:?o?rt e M • ?D cr?tc D.C. Rex L. Edwards, J . SB No. 31212) Davies, Barrell, Will, llyn & Edwards, PLC 122 West Cameron St. Culpeper, Virginia 22701 Tel.: (540) 825-6000 Fax: (540) 825-1989 Counsel for Defendants 2 COMMONWEALTH OF PENNSYLVANIA- COUNTY OF: cUMBERLANn ^~• .-LI-~~-;~.~ Magisterial District Number: MDJ Name: Hon Address: Telephone: ( ) ,~_ ~~ ~ .. ~_. ;" t1~ ~ k, ,R REQUEST FOR ENTRY OF SATISFACTION CREDITOR PI~4INTIFF: NAME and ADDRESS rStellarOne Bank, a Virginia corporation 3900 Westerre Parkway, Suite 203 Richmond, Virginia 23233 J V$. DEFENDANT: NAME and ADDRESS ' James Estill Cornett, III 452 Lucinda Lane Mechanicsburg, Pennsylvania 17055 L_. J DocketNo.: 12-3355 Civil ~ Date Filed: 5/22/2012 #%X7C% ~ ~7m[7~7@t7tif7BC StellarOne Bank, a Virginia corporation, requests that the Clerk of the Cumberland County Court for the Commonwealth of Pennsylvania release the judgment entered on May 22, 2012, in the above-captioned matter. 1112~~ i 2. Date COMMONWEALTH OF VIRGINIA CITY/C9FFH'gY OF ~ctin~OrcD TO WIT: ~~,~~e. t,A+~1!?po~~~~~ The aforesaid instrument was acknowledged before. ~`~~'~~, ~~Giay of~~Yeh'-b!/L_, 2012, b ,~qni -.Cti,,, , counsel for StellarOne Bank, a Vir inia co 9 rpo~t~an;.,!43i~~lia. ~'Far~ the Bank. /(/l,µ ~MD/L m My Commission Expires: ~ ~ ~ l ao~5 :~:~ "~_~t ~. Registration N~o.:I QUO ~ C ~ ~ ~~`r"''~' ~ .-1; a O `' . Notary Public ~ ~''~ ~~,^`~ ~-\;~~ Date °fr:~,..:a~~.~'° .Magisterial District Justice My commission expires first Monday of January, SEAL ~t ~~ ~~ Sign Requestor AOPC 3168-05