HomeMy WebLinkAbout12-5152IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STOVER DRIVE, LLC CIVIL DIVISION
Plaintiff
VS NO. ) 9_ 5/S oOL
RANDOLPH G. REESE and
DONALD E. STEVENS,
a Pennsylvania Partnership t/a
CUMBERLAND WOODCRAFT CO.,
DONALD E. STEVENS and DEBRA E. REESE.
Defendants
DEFENDANTS' CONFESSION OF JUDGMENT
l
7 12 AUG 17 PM
lJx`'II3EfiLANb a of
PENNSYLVANIA
Civ?
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the
complaint filed in this action, I appear for the Defendants and confess judgment in favor of
Plaintiff and against Defendants as follows:
Principal
Interest through 7/20/2012
Attorney's Fees and Costs
TOTAL
Date: August 10, 2012
$192,748.98
$53,894.11
$7,709.95
$254,353.04
Respectfully Submitted,
Artell Law Group
B *?Ji
Mark A. Hipple, Esq.
Attorney I.D. No. 312109
4098 Derry Street
Harrisburg, PA 17111
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IN THE COURT OF COMMON PLEAS OF H 01
CUMBERLAND COUNTY, PENNSYLVANIA
L An I 7 PAM
STOVER DRIVE, LLC : CIVIL DIVISION U13ElD
Plaintiff P1 EK'NsYLW' i1It?
VS NO. ?pZ- 5 S a CJVC(
RANDOLPH G. REESE and :
DONALD E. STEVENS,
a Pennsylvania Partnership t/a :
CUMBERLAND WOODCRAFT CO.,
DONALD E. STEVENS and DEBRA E. REESE.
Defendants
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW comes Plaintiff, Stover Drive, LLC, by and through its attorneys, Artell Law
Group, LLC, who hereby file the following Complaint in Confession of Judgment and in support
thereof, aver as follows:
1. The Plaintiff is Stover Drive, LLC, which has its principal place of business at 5482
Smith Drive, Mechanicsburg, Pennsylvania 17055.
2. The Defendant, Randolph G. Reese and Donald E. Stevens, a Pennsylvania Partnership
t/a Cumberland Woodcraft Co., is a general partnership whose last address known to Plaintiff
was 10 Stover Drive, Carlisle, Pennsylvania 17013.
3. The Defendant Donald E.. Stevens, is an adult individual whose last address known to
Plaintiff was 44 Conway Street, Carlisle, Pennsylvania 17013.
4. The Defendant, Debra S. Reese, is an adult individual whose last address known to
Plaintiff was 50 Moongale Drive, Carlisle, Pennsylvania 17013.
1
5. On or about March 4, 2008, Defendant Donald E. Stevens and Randolph G. Reese (with
Debra S. Reese acting as Executrix of the estate of Randolph G. Reese), a Pennsylvania
Partnership t/a Cumberland Woodcraft Co., executed a Promissory Note ("Note") in favor of
Plaintiff in the original principal amount of $200,000.00. A true and correct copy of said Note is
attached as Exhibit "A" and made a part hereof.
6. Contained in the Note is a Confession of Judgment provision whereby a warrant of
attorney authorizing judgment is given by Defendants.
7. Under the warrant of attorney contained in the Confession of Judgment provision,
Plaintiff is entitled to appear on behalf of Defendants and confess judgment upon the occurrence
of an event of default, including but not limited to failure to pay monthly installments of
principal and interest when due.
8. Defendants are in default under the terms of the said Note for, inter alia, failing to make
monthly installments of principal and interest when due.
9. This judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
10. The aforesaid Note has not been released, transferred or assigned by Plaintiff.
11. No judgment has been entered on the Note in any Jurisdiction.
12. The amount due and owing to the Plaintiff is as follows:
Principal $192,748.98
Interest through 7/20/2012 $53,894.11
Attorney's Fees and Costs $7,709.95
TOTAL $254,353.04
with interest on the principal sum ($192,748.98 ) from July 20, 2012 at the contractual rate.
2
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for the
total amount due of $254,353.04, with interest on the principal sum from July 20, 2012, at the
contractual rate plus reasonable attorney's fees and costs.
Respectfully Submitted,
Artell Law Group
Date: July 19, 2012 By:
Mark A. Hipple, Esq.
Attorney I.D. No. 312109
4098 Derry Street
Harrisburg, PA 17111
(717) 238-4060
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STOVER DRIVE, LLC CIVIL DIVISION
Plaintiff
VS NO.
RANDOLPH G. REESE and
DONALD E. STEVENS, :
a Pennsylvania Partnership t/a
CUMBERLAND WOODCRAFT CO.,
DONALD E. STEVENS and DEBRA E. REESE.
Defendants
VERIFICATION
I, Douglas Enck, on behalf of Stover Drive, LLC, verify that the statements made in the
foregoing Complaint in Confession of Judgment are true and correct to the best of my
knowledge and belief. I verify that the attached copy of the Promissory Note is a true and correct
copy of the original. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. _
1
Date: July 19, 2012 By:
ouglo Enck
(For Stover Drive, LLC)
4
EXHIBIT A
Carlisle, Pennsylvania
?i 2008
UP TO $200,000.00
LINE OF CREDIT DEMAND NOTE
FOR VALUE RECEIVED, the undersigned CUMBERLAND WOODCRAFT
COMPANY, INC., a Pennsylvania corporation, and CUMBERLAND WOODCRAFT
COMPANY, a Pennsylvania general partnership (collectively referred to as the "Maker"), promise
to pay to the order of STOVER DRIVE LLC (the "Payee") at its offices located at 5482 Smith
Drive, Mechanicsburg, Pennsylvania 17055 or at such other places as the Payee may from time to
time designate, the principal sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00),
lawful money of the United States of America, or so much thereof as may have been advanced by
the Payee to the Maker, together with interest thereon payable at the rate or rates hereinafter
specified and any and all other sums which may be owing to the Payee by the Maker pursuant to
this Note. The following terns shall apply to this Note:
1. Interest Rate. Commencing on the date of the Note and continuing until all sums
due under this Note, whether principal, interest, charges, fees or other sums are paid in full, interest
shall accrue on the unpaid principal balance outstanding from time to time at a per annum rate of
interest equal to Eight Percent (8.00%).
2. Calculation of Interest. Interest accruing for any period shall be calculated by
multiplying the unpaid principal balance of this Note by the applicable rate of interest and by
multiplying the product thereof by a factor equal to the number of days in such period divided by
three hundred sixty (360).
3. Repayment. Accrued and unpaid interest shall be paid in consecutive monthly
installments beginning April 1, 2008 and continuing on the first (1') day of each succeeding month
thereafter. All amounts due hereunder, including principal, interest, charges and fees, are payable
immediately in full upon the demand of the Holder of this Note.
4. Late Payment Charge. If any payment due hereunder is received by the Holder
more than fifteen (15) calendar days after its due date, the Maker shall pay a late payment charge
equal to five percent (5%) of the amount then due.
5. Application of Payments. All payments made hereunder shall be applied first to late
payment charges or other sums owed to the Holder, next to accrued interest, and then to principal,
or in such other order or proportion as the Holder, in the Holder's sole and absolute discretion, may
elect from time to time.
6. Prepayment. The Maker may prepay this Note, in whole or in part at any time or
from time to time, without penalty or additional interest; provided that any such partial prepayment
shall not be taken or construed as a substitution for regularly scheduled payments.
679918.1
7. Collateral. This Note is secured by certain a Pledge Agreement by the shareholders
of Maker, Open-End Mortgage and Security Agreement by Cumberland Woodcraft Company, and
a Security Agreement by Cumberland Woodcraft Company, Inc., of even date herewith, the
provisions of which are incorporated into this Note by reference.
8. Default and Default Interest Rate. Upon an Event of Default and for so long as the
Event of Default is continuing, the Holder, in the Holder's sole discretion and without notice or
demand, may raise the rate of interest accruing on the unpaid principal balance by an additional two
percent (2.00%) (the "Penalty Rate"), independent of whether the Holder elects to accelerate the
unpaid principal balance as a result of such Event of Default. Such interest shall continue to accrue
despite any legal moratorium on payment or any delay in payment ordered or permitted by any
court assuming jurisdiction.
9. Acceleration. Upon an Event of Default, the principal amount outstanding on this
Note, together with interest, charges, fees or other sums shall, at the option of the Holder, or as
otherwise provided in the Agreement, without notice or demand, become immediately due and
payable.
10. Confession of Judgment. UPON AN EVENT OF DEFAULT, THE MAKER
AUTHORIZE ANY ATTORNEY ADMITTED TO PRACTICE BEFORE ANY COURT OF
RECORD IN THE UNITED STATES TO APPEAR ON BEHALF OF THE MAKER IN
ANY COURT IN ONE OR MORE PROCEEDINGS, OR BEFORE ANY CLERK
THEREOF OR PROTHONOTARY OR OTHER COURT OFFICIAL, AND TO CONFESS
JUDGMENT AGAINST THE MAKER, WITHOUT PRIOR NOTICE OR OPPORTUNITY
OF THE MAKER FOR PRIOR HEARING, IN FAVOR. OF THE HOLDER OF THIS
NOTE IN THE FULL AMOUNT DUE ON THIS NOTE (INCLUDING PRINCIPAL,
ACCRUED INTEREST AND ANY AND ALL PENALTIES, FEES AND COSTS) PLUS
REASONABLE ATTORNEYS' FEES AND COURT COSTS. THE MAKER WAIVES
THE BENEFIT OF ANY AND EVERY STATUTE, ORDINANCE, OR RULE OF COURT
WHICH MAY BE LAWFULLY WAIVED CONFERRING UPON THE MAKER ANY
RIGHT OR PRIVILEGE OF EXEMPTION, HOMESTEAD RIGHTS, STAY OF
EXECUTION OR GARNISHMENT, OR SUPPLEMENTARY PROCEEDINGS, OR
OTHER RELIEF FROM THE ENFORCEMENT OR IMMEDIATE ENFORCEMENT OF
A JUDGMENT OR RELATED PROCEEDINGS ON A JUDGMENT. IF A COPY OF
THIS NOTE, VERIFIED BY AN OFFICIAL OR AN OFFICER OF THE HOLDER,
SHALL BE FILED IN ANY PROCEEDING OR ACTION WHEREIN JUDGMENT IS TO
BE CONFESSED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL HEREOF
AND SUCH VERIFIED COPIES SHALL BE SUFFICIENT WARRANT FOR ANY
ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS
JUDGMENT AGAINST MAKER AS PROVIDED HEREIN. JUDGMENT MAY BE
CONFESSED FROM TIM TO TIME UNDER THE AFORESAID POWERS AND NO
SINGLE EXERCISE IN THE AFORESAID POWERS TO CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER,
WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BY ANY SUCH COURT TO
BE INVALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE
UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME, AND IN THE
-2-
SAME OR DIFFERENT JURISDICTIONS, AS, AFTER AND AS THE HOLDER SHALL
ELECT, UNTIL SUCH TIME AS THE HOLDER SHALL HAVE RECEIVED PAYMENT
IN FULL OF ALL SUMS DUE HEREUNDER, TOGETHER WITH INTEREST, COSTS
AND FEES.
11. Interest Rate after Jud ent. If judgment is entered against Maker on this Note, the
amount of the judgment entered (which may include principal, interest, fees and costs) shall bear
interest at the above described Penalty Rate, to be determined on the date of the entry of the
judgment.
12. Expenses of Collection. Should this Note be referred to an attorney for collection,
whether or not judgment has been confessed or suit has been filed, the Maker shall pay all of the
Holder's reasonable costs, fees (including, but not limited to, reasonable attorneys' fees) and
expenses resulting from such referral.
13. Subsequent Holders. In the event that any Holder of this Note transfers this Note for
value, 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, all of which are waived as to the
subsequent Holder, and that all subsequent Holders shall have all 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.
14. Holder. As used in this Note, the term Holder shall refer to the Payee, and to any
other person, if any, who is in possession of this Note and to whom this Note has been indorsed,
whether to order, to bearer or in blank.
15. Waiver of Defects. The Maker hereby waives and releases all errors, defects and
imperfections of a procedural nature in any proceedings instituted by the Holder hereunder, as well
as all benefits that might accrue to the Maker by virtue of any present or future laws exempting any
property, real or personal, or any part of the proceeds arising from any sale of any such property,
from garnishment, attachment, levy or sale under execution, or providing for any stay of execution,
exemption from civil process, or extension of time for payment. The Maker agrees that any real
estate that may be levied upon pursuant to any writ of execution issued on any judgment by virtue
hereof, may be sold, in whole or in part, in any order desired by the Holder.
16. Waiver of Protest. The Maker, and all parties to this Note, whether maker, indorser
or guarantor, waive presentment, notice of dishonor and protest.
17. Extensions of Maturity. All parties to this Note, whether maker, indorser or
guarantor, agree that the maturity of this Note, or any payment due hereunder, may be extended at
any time or from time to time without releasing, discharging or affecting the liability of such party.
18. Notices. Any notice or demand required or permitted by or in connection with this
Note shall be given in the manner specified in the Agreement for the giving of notices under the
Agreement. Notwithstanding anything to the contrary, all notices and demands for payment from
the Holder actually received in writing by the Maker shall be considered to be effective upon the
-3-
receipt thereof by the Maker regardless of the procedure or method utilized to accomplish delivery
thereof to the Maker.
19. Assi bility. This Note may be assigned by the Payee or any Holder at any time or
from time to time. The Payee or Holder shall notify the Maker, as soon as practicable, of the
assignment, but any failure to so notify shall not in any manner affect the obligations of the Maker
to make any and all payments required hereunder.
20. Binding Nature. This Note shall inure to the benefit of and be enforceable by the
Payee and the Payee's successors and assigns and any other person to whom the Payee may grant an
interest in the Maker's obligations to the Payee, and shall be binding and enforceable against the
Maker and the Maker's personal representatives, successors and assigns.
21. Invalidity of My Part If any provision or part of any provision of this Note shall for
any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Note and this Note shall be construed as
if such invalid, illegal or unenforceable provision or part thereof had never been contained herein,
but only to the extent of its invalidity, illegality or unenforceability.
22. Choice of Law. This Note shall be governed, construed and interpreted strictly in
accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the Maker has executed this Note specifically intending this
Note to constitute an instrument under seal.
MAKER:
CUMBERLAND WOODCRAFT COMPANY, INC.
By: ZVO Ate 6
Name:
Title:
CUMBERLAND WOODCRAFT COMPANY
Ely: AM ?N?
Name: Donald E. Stevens
Title: Partner
Estate of dol h G. e
By:
Name: Debra S. Reese, xecutrix
Title: Partner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STOVER DRIVE, LLC CIVIL DIVISION
Plaintiff v? I
VS NO. 19_SIS01
RANDOLPH G. REESE and
DONALD E. STEVENS,
a Pennsylvania Partnership t/a
CUMBERLAND WOODCRAFT CO.,
DONALD E. STEVENS and DEBRA E. REESE.
Defendants
NOTICE OF JUDGMENT
Notice is hereby given that a judgment in the above-captioned matter has been entered against
you in the amount of $254,353.04 on this of __ 2012.
A copy of all documents filed with the Prothonotary in support of the within judgment are
enclosed.
Cumberland C ty Pr ono Office
By:
If you have questions regarding this Notice, please contact the filing party:
Artell Law Group, LLC
4098 Derry Street
Harrisburg, PA 17111
PH: 717-238-4060
(This Notice is given in accordance with Pa.R.C.P. No. 236.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STOVER DRIVE, LLC
Plaintiff
VS
RANDOLPH G. REESE and
DONALD E. STEVENS,
a Pennsylvania Partnership t/a
CUMBERLAND WOODCRAFT CO.,
DONALD E. STEVENS and DEBRA E. REESE.
Defendants
CNIL DNISION
NO. 2012-5152
PRAECIPE FOR RELEASE OF JUDGMENT
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2€~l2Al~G 9 PM I~ 47
~~,~M~E~I. ND CtlTY
PENN YLtlA~IA
TO THE PROTHONOTARY:
Please mark the Confession of Judgment in the above referenced matter as having
released as to ONLY Defendant Debra E. Reese. The Confession of Judgment as to all
Defendants is meant to remain in full effect.
Date: August 27, 2012
u~tt~
Mark Hipple
Attorney I.D. No. 312109
4098 Derry Street
Harrisburg, PA 17111
Attorney for Plaintiff
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