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HomeMy WebLinkAbout12-7250 COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. BY: Michael L. Solomon, Esquire Identification No.: 36031 240 North Third Street, 7~' Floor Harrisburg, PA 17101 (717) 234-5530 PORFIRIO CAMMAROTA 1330 Yorkshire Place Enola, PA 17025 Plaintiff, SALVATORE PASSALAQUA 10 Rockledge Drive Mechanicsburg, PA 17055 Defendant. ,.. ;~ ~~~, A:_. ~ _ _ ~ _, _~ <- til - _ ' __z 1 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: SO ~Utl -a~a ENTRY OF APPEARANCE FOR DEFENDANT AND PRAECIPE FOR ASSESSMENT OF DAMAGES AND CONFESSION OF JUDGMENT FOR MONEY TO THE PROTHONOTARY: Pursuant to the authority in the warrant of attorney contained in the Note, a copy of which is attached to the Complaint as Exhibit A, kindly enter my appearance for Defendant, Salvatore Passalaqua, and confess judgment in favor of Plaintiff, Porfirio Cammarota,. and against Defendant in the amount of $54,813.50, plus post judgment interest at $5.75 per deim, commencing on November 29, 2012, calculated as follows: Amount of Unpaid Note $49,500.00 Costs of Suit $ 363.50 Attorney's Fees $ 4,950.00 Attorneys for Plaintiff, Porfirio Cammarota TOTAL $54,813.50, plus Post-Judgment Interest: $5.75 per diem Commencing on 11/28/12 i ~u~ .~Pc1 ask q~ ~~ ~ s~,a ~~ ~ COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. cy~,,, G'+.. Michael L. Solomo ,Esquire Attorney for Plaintiff, Porfirio Cammarota Dated: ~.~ 11- ENTRY OF JUDGMENT AND NOW, this ~y~day of 1 ~tG ~ e ""` ~ ~ r , 2012, pursuant to the attached Confession of Judgment, judgment is hereby entered in favor of Plaintiff, Porfirio Cammarota, and against Defendant, Salvatore Passalaqua, in the amount of $ ~~~ ~/ 3 ,SU ,plus post judgment interest at the rate of $5.75 per diem, commencing on November 29, 2012. Pr 2 _, ~ I ~ ~. r t ~ ' ~ ` !, ~~i.,iw ~J~it ,~ - i i COHEN SEGLIAS PALLAS , f _ '~ GREENHALL & FURMAN, P.C. ; ~ ~ '' ~ ~ f ' ~.~ ~ °f .~ ,; BY: Michael L. Solomon, Esquire ~ ' `' ~'" ~ ~-~''tt~~t'~eys for Plaintiff Porfirio Cammarota Identification No.: 36031 240 North Third Street, 7~' Floor Harrisburg, PA 17101 (717) 234-5530 PORFIRIO CAMMAROTA . 1330 Yorkshire Place Enola, PA 17025 Plaintiff, SALVATORE PASSALAQUA 10 Rockledge Drive Mechanicsburg, PA 17055 Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS 1~s ~ ~~U t ~ NO.: 02 COMPLAINT TO ENTER CONFESSION OF JUDGMENT FOR MONEY Plaintiff, Porfirio Cammarota, deceased, by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., files this Complaint pursuant to Rules 2950-2962 of the Pennsylvania Rules of Civil Procedure against defendant, Salvatore Passalaqua and, in support, avers as follows: 1. Plaintiff, Porfirio Cammarota, is an adult individual who resides at 1330 Yorkshire Place, Enola (East Pennsboro Township), Cumberland County, PA 17025. 2. Defendant, Salvatore Passalaqua, is an adult individual whose last known address was 10 Rockledge Drive, Mechanicsburg, Cumberland County, PA 17055. 3. On or about June 1, 2012, Defendant executed a Promissory Judgment Note (the "Note"), in the amount of $50,000, which included a promise to pay Porfirio Cammarota on dates specified in the Note beginning on July 1, 2012 and continuing through October 1, 2020. A true and correct copy of the Note is attached hereto as Exhibit A. 4. With the exception of a single payment of $500.00 dated July 5, 2012, Defendant has made no further payments on account of the Note as of the date of the filing of this Complaint, despite having received Notice of his failure to make required payments by letter addressed to him dated August 28, 2012, a true and correct copy of which is attached hereto as Exhibit B. 5. Pursuant to the terms of the Note, a "Default shall have been deemed to occur if Maker fails to make any payment due hereunder within ten (10) days of its due date. In the event of Default and upon the expiration of five (5) business days following the giving Notice thereof (defined as the date such Notice is mailed), by Holder to Maker, Holder may...record a Judgment against Maker in the manner set forth herein...." 6. The manner set forth for recording a judgment against Maker, as set forth in the Note is as follows: "Maker does hereby empower the Prothonotary, clerk of court or any attorney of any court of record in the Commonwealth of Pennsylvania, at any time before or after maturity but only upon the occurrence of a default and opportunity to cure as set forth above, to appear for it and, with or without declaration filed, confess judgment against it for the above sum with costs of suit, release of errors, and without say [sp.] of execution, and with ten (10%) percent added as part of the judgment for attorney's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which is incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AFTER OCCURRENCE OF A DEFAULT, AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER." 7. As a result of its Default, Defendant owes Plaintiff the following amounts: Amount Unpaid on the Note $49,500.00 Costs of Suit $ 363.50 2 Attorney's Fees $ 4,950.00 TOTAL $54,813.50, plus Post-Judgment Interest: $5.75 per diem Commencing on 11/29/12 8. Despite repeated demands, Defendant has failed and refused, and continues to fails and refuse to cure its Default under the Note. 9. Plaintiff has fulfilled every condition precedent to the commencement of this action. 10. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 11. The Note under which judgment is being confessed has not been assigned and is still held by Plaintiff. 12. Judgment has not been entered on the Note against Defendant in any jurisdiction. 13. The Defendant has been afforded all credits which are due and to which it is entitled. 14. Judgment is demanded as authorized by the Warrant of Attorney contained in the Note. 15. The Warrant of Attorney appearing in the Note is less than twenty years old. 3 WHEREFORE, the Porfirio Cammarota respectfully demands judgment against Salvatore Passalaqua in the total sum of $54,813.50 as authorized in the warrant of attorney appearing in the Promissory Judgment Note, plus post judgment interest accruing at a per diem rate of $5.75, commencing on November 29, 2012, and such other relief as this Court shall deem dust. COHEN SEGLIAS PALLAS, GREENHALL & FURMAN, P.C. BY: +.AA~ ~~r- C.~ ichael L. Solomo ,Esquire Attorney for Plaintiff, Porfirio Cammarota Date: 11 1.~ t ~- 4 EXHIBIT A West Fairview, PA PROMISSORY JUDGMENT NOTE $50,000.00 FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND, SALVATORE PASSALAQUA, an adult individual, of 10 Rockledge Drive, Mechanicsburg, Pennsylvania 17055 (hereinafter the "Maker") promises to pay PORFIRIO CAMMAROTA of 1330 Yorkshire Lane, Enola, Pennsylvania, 17025 (hereinafter the "Holder") the sum of Fifty Thousand ($50,000.00) Dollars lawful money of the United States of America. The principal advanced by Holder to Maker is in connection with a business transaction and shall be considered to incorporate principal and interest. Payment shall be as follows: in one hundred (100) equal monthly installments of principal and interest totaling $500 each beginning on July 1, 2012 and continuing each month thereafter, due on the first day of each month without notice through October 1, 2020 Maker does hereby empower the Prothonotary, clerk of court or any attorney of any court of record in the Commonwealth of Pennsylvatua, at any time before or after maturity but only upon the occurrence of a default and opportunity to cure as set forth above, to appear for it and, with or without declazation filed, confess judgment against it for the above sum with costs of suit, release of errors, and without say of execution, and with ten (10%) percent added as part of the judgment for attorney's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which is incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AFTER OCCURRENCE OF A DEFAULT, AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. A Default shall have been deemed to occur if Maker fails to make any payment due hereunder within ten (10) days of its due date. In the event of Default and upon the expiration of five (5) business days following the giving of notice thereof (defined as the date such notice is mailed) by Holder to Maker, Holder may alternatively or simultaneously pursue the following remedies, without limitation: a) record a Judgment against Maker in the manner set forth herein, and/or b) declare that certain Asset Purchase Agreement of even date herewith entered by and between Maker and Holder for the sale and purchase of Holder's Restaurant Business (as therein defined) to be void and terminated, in which event Maker shall immediately discontinue operation of the Restaurant Business and peaceably return possession thereof to Holder. The failure of Holder to declare this Note due and payable shall not constitute a waiver of any of Holder's remedies, and the same shall be available to Seller until such time as this Note is satisfied. This Promissory Judgment Note is being signed in connection with a business, i.e., non-consumer, transaction. The Maker has had the opportunity to review this document with counsel or has willfully and voluntarily waived the right to review this document with counsel. The words "Holder" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, successors and assigns of Holder and Maker, and the term "Maker" shall be deemed and construed to include the singular, as well as the plural, and the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, Maker has duly executed this Demand Promissory Judgment J~.- Note this ~ ~' day of , 2012. WITNESS: MAKER: Salvatore Passalaqua #i6aao96-~i - EXHIBIT B Michael ~. SoAom~~ Attorney .At lati COHEN SEGLIAS PAI..LAS PC August 28, 2012 VIA. CERTIFIED MAIL & FIRST CLASS MAIL Salvatore Passalacqua 10 Rockledge Drive Mechanicsburg, PA 17055 Re: NOTICE OF DEFAULT Dear Mr. Passalacqua: 240 North Third Street, 7t:h Flog Harrisburg, 'PA 171 ~ T: 717.234.55301 F: 717.307.35: msolomon~cohenseglias.cc www.cohenseglias.cc The purpose of this letter is to advise that I have been notified of the default of your agreement and obligation under Promissory Judgment Note (the "Note") dated June 1, 2012 in that you have failed to make payments due under the Note within ten (10) days of its due date. Specifically, you have failed to make the $500.00 payment to Mr. Camrnarota that was due on August 1, 2012. You are advised to immediately make this payment, and to thereafter remain current with future, scheduled payments. Your failure to do so will result in my client's resort to all available remedies under both the Asset Purchase Agreement and the Note, each dated June 1, 2012, without further notice to you. Please govern yourself accordingly. Very truly yours, /~ .+ Michael L. Solomon /aaz CG: POrfir10 Cammarota Philadelphia l Pittsburgh I Wilmington I Harrisburg #1761527-v1 51618-0()or Maryland I New Jersey I West Virginia N ~~ ~ o 7008 3230 0000 34],3 9951 ~ m m 1 T ~, - ~ ~ ~ ~ : -n AFFIDAVIT STATE OF PENNSYLVANIA SS COUNTY OF DAUPHIN Porfirio Cammarota, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint for Confession of Judgment for Money are true and correct to the best of his knowledge, information and belief; and that the Exhibits attached to the Complaint are a true and correct copy of the originals. ~..~.- v ' Po io Cammarota Sworn to and Subscribed Before me this~day of , 2012 I~ otary Public NOTARIAL SEAL AIISON ACRI ZORTMAN Notary Publk HARRISBURG CITY, DAUPHIN COUNTY My Commission Expires Mar 21, 2016 5 COHEN SEGLIAS PALLAS GREENHALL & F'LJRMAN, P.C. BY: Michael L. Solomon, Esquire Identification No.: 36031 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 PORFIRIO CAMMAROTA . 1330 Yorkshire Place . Enola, PA 17025 . Plaintiff, SALVATORE PASSALAQUA . 10 Rockledge Drive . Mechanicsburg, PA 17055 Defendant. Attorneys for Plaint Porfirio Cammarota CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: / ~ ' ~o~- ,~ Cam' •. AFFIDAVIT OF DEFAULT, INCOME, NON-MILITARY SERVICE AND BUSINESS TRANSACTION, AND THAT ACTION DOES NOT ARISE OUT OF A RETAIL INSTALLMENT CONTRACT STATE OF PENNSYLVANIA COUNTY OF DAUPHIN SS Porfirip Cammarota, being duly sworn according to law, depose and say that: 1. I am familiar with the transactions set forth in the Complaint for Confession of Judgment for Money (the "Complaint"); 2. Defendant, Salvatoe Passalaqua, is in default under the terms of the Promissory Judgment Note attached to the Complaint as Exhibit A, and owes Plaintiff the amount set forth in the Complaint; 3. The income of Defendant at the time of the execution of the Promissory Judgment Notes was in excess of $10,000.00 per year; 4. Defendant is not in the military service of the United States, nor any state or territory, nor its allies as defined in the Servicemembers Civil Relief Act, 50 App. U.S.C.A. § 501 et seq.; 5. The transaction upon which the judgment is being entered is commercial in nature; 6. This is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account as defined in the Goods and Services Installment Sales Act, 69 P.S. § 1101 et seq.; and 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. ~~~~~- .. Por o Cammarota Sworn to and Subscribed Befor me thi ~ day of 2012 /1. ~ - i otary Public NOTARIAL SEAT ALISON ACRI IORTMAN ~ Public MARRi:euRO cITY, oAUPfaN COUNTY tilt' ConnnNtion Eyi-n Mu Yt, 201A 2 COHEN SEGLIAS PALLAS GREENHALL & FURIVIAN, P.C. BY: Michael L. Solomon, Esquire Identification No.: 36031 240 North Third Street, 7~' Floor Harrisburg, PA 17101 (717) 234-5530 PORFIRIO CAMMAROTA . 1330 Yorkshire Place . Enola, PA 17025 , Plaintiff, SALVATORE PASSALAQUA . 10 Rockledge Drive , Mechanicsburg, PA 17055 . Defendant. Attorneys for Plaintiff, Porfirio Cammarota CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: J~ ~ ~~- ~U C~~'~ ~ ~ ~tln,. CERTIFICATION OF ADDRESSES I hereby certify that the precise mailing address of Plaintiff, Porfirio Cammarota is: 1330 Yorkshire Place, Enola, PA 17025. I hereby certify that the precise mailing address of Defendant, Salvatore Passalaqua is: 10 Rockledge Drive, Mechanicsburg, PA 17055. . Date: ~~ 2`~ \Z #1853178-v1 51618-0001 COHEN, SEGLIAS, PALLAS, GREENHpALL AN, P.C. Michael L. Solomon, squire Attorney for Plaintiff, Porfirio Cammarota 3 COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. BY: Michael L. Solomon, Esquire Attorneys for Plaintiff, Porfirio C.'ammarota Identification No.: 36031 240 North Third Street, 7~' Floor Harrisburg, PA 17101 (717) 234-5530 PORFIRIO CAMMAROTA 1330 Yorkshire Place Enola, PA 17025 Plaintiff, SALVATORE PASSALAQUA 10 Rockledge Drive . Mechanicsburg, PA 17055 Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: ~ a.1 oZS~ ~Vl~ NOTICE OF FILING OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 (X) Notice is hereby given that a judgment by confession in the above-captioned matter has been entered against defendant, Porfirio Cammarota, in the amount of $54,813.50, plus post judgment interest at the per diem rate of $5.75. (X) A copy of all documents filed with the Prothonotary in ~pport of the within judgment by confession are enclosed. ,m ,,{ PROTHON AR~ BY: If you have any questions concerning the above please contact: Michael L. Solomon, Esquire Cohen, Seglias, Pallas, Greenhall & Furman, P.C. 240 North Third Street, 7~' Floor Harrisburg, PA 17101 Office: (717) 234-5530 Fax: (717) 213-0731 Notice sent to: 10 Rockledge Drive, Mechanicsburg, PA 17055 .__. ;_: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENI~VA CIVIL DIVISION -r=c ~ '~-°~ ~- PRAECIPE FOR WRIT OF EXECUTION ~- ;• r~ Pofirio Cammarota Plaintiff VS. Salvatore Passalaqua Address: 10 Rockledge Drive Mechanicsburg, PA 17055 Defendant ^/ Confessed Judgment ^ Other ii !~ ~ ^ `D ~v~ File No. 1 pl " a J Amount Due $49,500.00 Interest tbd Atty's Comm $4,950.00 costs $363.50 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession ofjudgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) PNC Bank, Account #5003501014 and any other accounts Centric Bank (all accounts) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) PNC Bank, Account # 5003501014 and any other accounts Centric Bank (all accounts) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ^ (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendants described in the attached exhibit. l' Date __ t1 2, $ ~- Signature: ~ `- Print RlamP• IC el L. Solomon, Esq. a, ~a a sb ~' ~ ~~~. Address: 240 North Third St., 7th FI. Attorney for: Harrisburg, PA 17101 Plaintiff 717-234-5530 Supreme Court ID No: 36031 Telephone: ~ a,as ~~ ff ~,SoW-' ~L~ l0a v1 , o~ .~~ ~$ 3Co wr~I ~ ~ Ted WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N012-7250 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PORFIRIO CAMMAROTA Plaintiff (s) From SALVATORE PASSALAQUA, 10 ROCKLEDGE DRIVE, MECHANCISBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 6416 CARLISLE PIKE, MECHANICSBURG, PA 17050, ACCOUNT #5003501014 AND ANY OTHER ACCOUNTS CENTRIC BANK, 6480 CARLISLE PIKE, MECHANICSBURG, PA 17050 (ALL ACCOUNTS) and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $49,500.00 L.L. $.50 Interest TBD Atty's Comm i'y~q 5b. ao Due Prothy $2.25 Atty Paid $77.50 Other Costs $363.50 Plaintiff Paid Date: 11/29/12 '~~ f( ~~ ~ -~ ~ ~I~LC~.~~l David D. Buell, Prothonot (Seal} Deputy RE(?UESTtNG PARTY: Name :MICHAEL L. SOLOMON, ESQUIRE Address: COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. 240 NORTH THIRD STREET, 7TH FL HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-234-5530 Supreme Court ID No. 36031 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F s. Jody S Smith ��'�t�n! t:u6rtl t I 1-1 ll. Chief Deputy c l �l Richard W Stewart t mow. Solicitor �7FFIc1 oFTFE.s.FF0F= „J9, bERLA Porfirio Cammarota vs. Case Number Salvatore Passalaqua 2012-7250 SHERIFF'S RETURN OF SERVICE 12/06/2012 02:43 PM- Ryan Burgett, Deputy Sheriff,who being duly sworn according to law, states that on December 7, 2012 at 14443 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Salvatore Passalaqua, in the hands, possession, or control of the within named garnishee, Centric Bank, 6480 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Marianna Golovkina,Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 12/06/2012 02:49 PM- Ryan Burgett, Deputy Sheriff,who being duly sworn according to law, states that on December 7, 2012 at 1449 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Salvatore Passalaqua, in the hands, possession, or control of the within named garnishee, PNC Bank, 6416 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Nate Melton, Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on December 7, 2012 to Salvatore Passalaqua at 10 Rockledge Drive, Mechanicsburg, PA 17055. 10/16/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $153.58 SO ANSWERS, ,9-0_ X4.1 October 16, 2013 RONNY R ANDERSON, SHERIFF .2S ?EL 6 c, gassy c297a74 aunt,-5u!� h2nf''e °so', i,:,,..