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HomeMy WebLinkAbout13-0730Johnson, Duffie, Stewart 8~ Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com CUMBERLAND COUNTY TAX BUREAU, Plaintiff v. r.,,, - ,, ~ w _ _ =- Attorneys for Plaintiff ~f ~ ..-~ ~ ~:-' ~~y _ ~v am ~- ."`.i a ... ~~ -. t i -~' ~,r:~ : ~. ~~, . _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ROBERT S. JOHNSON and ROMAYNE JOHNSON, husband and wife, JURY TRIAL DEMANDED Defendants CONFESSION OF JUDGMENT PURSUANT TO RULE 2955 PURSUANT to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal $84,641.76 Interest $ 4,232.14 Attorneys' Fees (20% of Principal) $16,928.55 Costs $ 249.75 TOTAL $106,052.20 Respectfully submitted, 535431 (717) 761-4540 JOHNSON, DUFFIE, STEWART & WEIDNER ~~ By Michael J. Cassidy Attorney I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 ate} ~~ ~ ~ u ~~~ ~~a$~~ l~nh~o_ (l~i.~~'c~ Johnson, Duffle, Stewart ~ Weidner c ;~ ~= ,., , ~ i. ~s ``~~ By: Michael J. Cassidy -~~ ~ ~ -~, -~ _ I.D. No. 82164 ~ - Attorneys for Plaintiff ~, ' `'~' ~ ~ °'~''~ _:°~ 301 Market Street -- , h;=-~ P. O. Box 109 ~ ~°-- -±~=_~ Lemoyne, Pennsylvania 17043-0109 `~' ~ -`~' ~=~ -~ ~` (717) 761-4540 :;; ~z rv .. s-:.> r:•:~, , mjc@jdsw.com ~a --- _~ r.- -.s ._ CUMBERLAND COUNTY TAX BUREAU, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~`~~D CIVI~ CIVIL ACTION -LAW ROBERT S. JOHNSON and ROMAYNE JOHNSON, husband and wife, JURY TRIAL DEMANDED Defendants COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW this s day of February, 2013 comes Plaintiff, CUMBERLAND COUNTY TAX BUREAU, by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Confession of Judgment, and in support thereof, avers as follows: 1. Plaintiff, CUMBERLAND COUNTY TAX BUREAU (hereinafter "Tax Bureau"), is a public non-profit entity established by the Cumberland County Tax Collection Committee for the administration and collection of taxes pursuant to authority under the Local Tax Enabling Act, 53 P.S. §6924.101, et seq., with a place of business located at 21 Waterford Drive, Suite 201, Mechanicsburg, Pennsylvania 17050. 2. Defendants, ROBERT S. JOHNSON and ROMAYNE JOHNSON, husband and wife, (hereinafter "Johnson"), are adult individuals with a residence located at 2620 Spring Hill Lane, Enola, Pennsylvania 17025. 3. On or about August 17, 2012, Defendants, Robert S. Johnson and Romayne Johnson, signed an Personal Guaranty, whereby they promised to pay to the Plaintiff, Cumberland County Tax Bureau, the sum of $92,337.56, in the event of default of The Drexel Group, Inc. in payment of the same. A true and correct copy of the Personal Guaranty is attached hereto as Exhibit A and incorporated herein by reference. 4. Judgment is not being entered by confession against a natural person in a consumer credit transaction. 5. Judgment has not been entered on the Personal Guaranty against the Defendants, Robert S. Johnson and Romayne Johnson in any jurisdiction. 6. Drexel Group, Inc. is in default of the Installment Note dated August 17, 2012 by having failed to make the requisite installment payments required under said Installment Note. A copy of the Installment Note dated August 17, 2012 by and between The Drexel Group, Inc. and Cumberland County Tax Bureau is attached hereto as Exhibit B and incorporated herein by reference. 7. The existing and ongoing default of The Drexel Group, Inc. under the Installment Note is a condition precedent to Defendants' obligations under the Personal Guaranty. 8. The following amounts remain due and payable under the Personal Guaranty: Principal $84,641.76 Interest $ 4,232.14 Attorneys' Fees (20% of Principal) $16,928.55 Costs 249.75 TOTAL $106,052.20 9. By reason of Defendants' guarantee to Plaintiff, all of which appears by reference unto the attached Personal Guaranty, and by reason of Defendants' defaults, Plaintiff is entitled to Judgment against Defendants, Robert S. Johnson and Romayne Johnson, in the sum of $106,052.20 plus costs. WHEREFORE, Plaintiff demands Judgment in the sum of $106,052.20, together with costs as may be available by law or otherwise. Respectfully submitted, JOHNSON, DUFFIE, STEWART ~ WEIDNER Michael J. Cassidy Attorney I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 535393 EXHIBIT A From:The Drexel Group, Inc. 717 730 8845 091i0/20i2 14:46 #304 P.002/010 f'~RSONAL OUgRANTY To: Cumberland Cotmty Tax Bureau Mechanicsburg, pennsytvanta To Induce Cumberland County lax Bureau to hold in abeyance further legal action in pursuit of coilecting delinquent and unremilted earned incomo tax and Iota! services tax at the request or for the account of The Drexel Group, Inc. of Carnp Hfil, Pennsylvania (herelnafler called "Debtor'), and for and in consideration of One Dollar {$9,00), the receipt of which is hereby acknowledged, we, as surety, hereby promise to pay, absvfutaly and unconditionally, the indebtedness or balance of indebtedness of Debtor at any or al! times owing to you, tc an amount net exceeding iVlnety Two Thousand Three Hundred Thirty Seven Dollars and fifty sIx cents ($92,337.56), and In whatever form tt may be evidenced and whether or not it may be secured. We hereby waive notice of life acceptance of this guaranty, and all notice of the safe or delivery of goods and merchandise by you to the Debtor, and ail notice of defaults by the Debtor, and we consent and agree that you ,nay at any isms or from tlma in your discretion: (7) extend or change the time of payment, or the manner, place, or terms of payment of all or any part of the Indebtedness owing to you by Debtor, or any renewal or renewals thereaf; (2) exchange, release or surrender alt or any of the collateral security, or any part or parts thereof, held by you as security for the Indebtedness or any part thereof; (3) sell, assign and deliver any and all such collateral of public or private safe, without advertisement or notice fo the undersigned, and you may become the purchaser thereof, freed and discharged of any and alt equity of redemption and after deducting all coats and expenses of every kind for collection, sate or delivery, the proceeds of any such seta or sales may be applied by you upon any indebtedness or obligation of the Debtor whether or not payment thereof 1s guaranteed by the undersigned; {4) tend, advance or extend credit to the Debtor any amount beyond iha principal sum of this guaranty, in which event na payment which may be received from the Debtor or on account of the Debtor's obligations or Indebtedness to you, shalt be applied in reduction of the ilability hereunder until after the payment and satisfaction of any and all indebtedness or liability beyond the principal sum of this guaranty; (5) settle or compromise wish the Debtor or other person or parsons ltabia thereon, any and al! ob!#gations, payment of which is hereby guaranteed by the undersigned, or subordlnaie the payment of same or any part thereof to the payment of any other debt or claims which may at any time be due or owing to you or any other person or corporation; all in such manner and upon such terms as you may see fit, and without notice to or further assent from the undersigned, who hereby agree to be and remain bound upon this guaranty, trrespecttve of the existence, value or condition of any collateral and notwithstanding any such change, exchange, settlement, compromise, surrender, release, sale application, renawaf or extension and notwithstanding also that all obligations of the Debtor outstanding and unpaid at anytime may exceed the amount of this guaranty. This guaranty shall not be abrogated or affected 1n any manner by any change in the firm or status of the Debtor whether caused by death, by the admission of any new member or ma-nbers, or by the withdrawal of any member or members, or by any change from any cause whatsoever. any sum owing bythelDebtorhorithet undersigned touyoursogrnof the insolvency ar fatR,rebin I 1 i Fram:The Drexel Group, Inc. 717 730 9845 09/i0/2012 14:46 #304 P,0031010 business of the Deb#or or of the undersigned, or fn the event that a petition in bankruptcy or for a receiver is filed In any court by or against th8 Debtor, or any of the undersigned, or fhat a judgment be entered against any of them or the undersigned or that a writ of attachment or execution by issued against the Debtor or the undersigned, or against any property of the i7sbtor or the undersigned, then alt Indebtedness herelnbefore referred to shalt be deemed for the purposes of this guaranly to be immediately due and • payable and the liability of the undersigned hereunder shall accrue, alt without demand or notice. WHENEVER UNDER THE TERMS HEREOF THE l,IASILITY OF THE UNDERSIGNED SHALL ACCRUE, AND !N ANY STATE WNERE THE SAME IS 1';:RMITTED BY LAW, THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR ANp ENTER JUpGMI:NT AC3AINST THE UNDERSIGNED IN FAVOR OF CUMBERLAND COUNTY TAX BUREAU, ITS SUCCESSORS OR ASSIGNS, FOR ANY 5UM OR SUMS OF MONEY WNICH MAYBE DUE HERirUNgER, AS OF ANY TERM, WITH OR WITHOUT DECLARATION FILED, WITH INTEREST AND C08TS, RELEASE OF ERROR, WiTI•IOUT STAY OF EXECUTION AND WITH TWENTY P!~RCENT {20%j ADDED FOR COLt,>;CTiON FEES. 'The undersigned also waives the right of Inqulsitlon on any real estate that may be levied upon to collect the amount due under a Judgment obtained by virtue hereof, and does hereby voluntarily condemn the same and hereby waives and releases alt relief from any and ail appralsement, stay, exemption or homestead laws of any state, now In force, or hereafter passed, and any right to except to, strike oft, open or appeal from the Judgment so entered. If a #rue copy of this Instrument shat! be filed in any such action, It shalt not be necessary to file the original as a warrant of attorney, any rule of court to the contrary notwlthstand(ng, This is a cantinuing guaranty and shall remain in full force and effect until written notice shall have bean actually received by you that it has been revoked by the undersigned, but such revocation shalt no! release lira undersigned from any stability as to any Indebtedness or obligation hereinbefore referred fo, which may be held or owing to you at the time of the receip# of such notice, or as to any renewal or renewals thereof, no act or omission of any kind on your part In the premises shall In any event affect or impair this guaranty. If th(s guaranty is executed by !wo or more persons, It shaii be the Joint and several obligation of ail such parties, and shall not be revoked or impaired as to any by the death of aft or any such parties or by the revocation or release of any obligations hereunder, by or against all or any of such other parties. iI is Curther understood and agreed lhaf no waiver of any breach of any term of this guaranty shaii be construed as a waiver of any subsequent breach of that term ar of any other term of the same or different nafure. Although referred to as a guaranty, this Instrument is intended to be a contract of suretyship upon which the undersigned intends to ba legally bound. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of August, 2012. Ramayne ohnsan RobertJahnson EXHIBIT B from:The Drexel Group, Inc. 717 730 9845 09/10/2012 14:46 #304 P.004/010 1NSrA[.f.MEN1' NO?'E $92,337.56 1832 Market Street Camp Hlli, PA 97011 August 17, 2012 FOR VA4.UE RECEIVED, THE DREXEL GROUP, INC, (hereinafter called "Maker°}, hereby promises to pay to the order of CUMBERLAND COUNTY TAX BURf:AU (hereinafter called "Holder"), the principal sum of Ninety-Two Thousand Three Hundred Thirty Seven Dollars and llfty six cents ($92,337.56), in twelve (12) aqua! Installments of Seven Thousand Six Hundred NU~eiy Four Dollars and eighty cents {$7,694.80) each on or before the first (1'h day of each month commencing on September 1, 2092. The unpaid principak balance of this Note shall bear Interest al the rate often percent (10°h) par annum calculated from the date hereof on the unpaid principal balance of this Note, payable at the time and fogethar with each installment of principal hereunder unto all installments of principal and interest have been paid in full. The foregoing notwithstanding, the Interest payable hereunder shalt be waived in }ts entirety by Hoiden, provided that Maker pays to Holder each Installment payment In full, on or before the date each Installment payment becomes due. !n the event Maker fails to pay arty Installment payment in full to Holder, on or before said installment payment becomes due, then alt Interest payable hereunder shall be paid by Maker to Holder at the time of making the final installment payment. Paymen# of principal and Interest due hereunder shall be made in lawful money of the United States of America and in such places as may be designated in writing by Holder, Maker shah have the right to prepay all or any part of the prfnclpat amount of this Noie at any time or from time to time without premium or penally, provided that Holder pays at the same Lima a{I Interest accrued thereon to the date of payment. ff tho Maker shall defaui# in the payment of principal or interest when the same shall become due and payable, and such default is nat cured by Maker within ten (10) days following receipt of written notice of such default from the Holder, then and in such event (an "Event of Default"), the entire principal amount of this Note may, at the option of Holder, become due and payable without presentment or demand, notice of protest or other notice of dishonor of any kind, ail of which are expressly waived by the Maker. UPON THE HAPPENiNG OF AN EVENT OF DEFAULT, THE MAKER HEREBY EMPOWERS AND AUTHORISES, WITHOUT POWER 01= REVOCATION, ANY ATTORNEY OF ANY COURT OF Rr=CORD WiTHItJ THE UNfT>~D STATES OR ELSEWHERE, TO APPEAR FOR THE MAKER, ITS SUCCESSORS OR ASSIGNS, IN ANY SUCH COURT, IN TERM TIME OR ON VACATION AND WITH OR WITHOUT DIrGLARATION F'1LED, TO WAIVE PROCCSS AND SERVICE THIrREOF AND CONFESS JUDGMENT IN FAVOR OF THE HOLDER OF THIS NOTE FOR THr: UNPAID BALANCE OF THE PRINCIPAL AMOUNT HEREOF, TOOT=THER WITH qLL UNPAID INTEREST THEREON, COSTS OF SUIT AND AN ATTORNEY'S COMMISSION FOR COLLECTION OF TWENTY PERCENT (20%) OF THE PRINCIPAL AMOUNT THEREOF, WITH RELEASE OF ALL ERRORS AND RIGHT TO APPEAL WHICH MAY INTERVENE IN ANY SUCH PROCEEDINGS, THE UNDERSIGNED CONSENTS TO IMMEDIATE EXECUTfON UPON SUCH JUDGMIrNT, AND INQUISITION AND EXTENSION UPON ANY LEVY UPON REAL ESTATE ARE HEREBY WAIVED AND From:The Drexel Group, Inc. 717 730 9845 03/10/2012 14:47 #304 P.005/010 CONDEMNATION AGREED TO, AND THE EXEMPTION OF PERSONAL PROPERTY FROM LEVY AND SALE ON ANY EXECUTION HEREON IS ALSO HEREBY EXPRESSLY WAIVED, ANt) NO BENEFIT OF EXEMPTION SHALL SE CLAIMED UNDER OR BY VIRTUE OF ANY EXEMPTION LAW NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED, THE UNDERSIGNED HEREBY EXPRI=5SLY RATIFYING AND GONF{RMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF. This Nate shelf bind the Maker, Ifs successors and assigns, and the benefits hereto shall inure to Molder, its successors and assigns. IN WITNESS WHEREOF, and Intending to ba legally bound hereby, the unders[gned has caused this Note to be executed by Its proper officers thereunto duly authorized. 711E DREXEL GROUP, ING, Attest: t3y: ~ ~-~.---- secretary Name: .r~ S - ats~ Tltis: :b09477 VERIFICATION 1, SUSAN S, pINTI, Executive Director of Cumberland County Tax Bureau, the Plaintiff named in the foregoing Complaint, as such i am authorized to make this Affidavit on Plaintiff s behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subJect to the penalties of 98 Pa. C.S. §4904 relating to unsworn falsification authorities. SUSAN 5. PINTI Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 CUMBERLAND COUNTY TAX BUREAU, v. Plaintiff ROBERT S. JOHNSON and ROMAYNE JOHNSON, husband and wife, Defendants CIVIL ACTION -LAW NOTICE OF JUDGMENT ~ ... PURSUANT TO Pa.R.C.P. 2958.1 ~ -~ ~ ;.~~_ r`'' TO: Robert S. Johnson ;~;'~` ~ ~=i Romayne Johnson .--., ~ .,..~; ~._, 2620 Spring Hill Lane -~ ~ ~ " Enola, PA 17025 =~- ~= - > ru ~'rti.. ~° ==i -- ,`. ,,~ : , A judgment in the amount of $106,052.20 has been entered against you and in favor of the~Plaintiff Without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served upon you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED UPON YOU OR YOU MAY LOSE YOUR RIGHTS. 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. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, PA 17101 (800) 932-0356 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~-~~ t~UCI By: 7 Michael J. Cassidy :535436 Attorneys for Plaintiff Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com CUMBERLAND COUNTY TAX BUREAU, Plaintiff v. ROBERT S. JOHNSON and ROMAYNE JOHNSON, husband and wife, Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIlOQUNTY, PENNS~YILVANIA NO. f J~ ~~t~ C,~v/~ CIVIL ACTION -LAW JURY TRIAL DEMANDED RULE 236 NOTICE OF ENTRY OF JUDGMENT TO: Robert S. Johnson Romayne Johnson 2620 Spring Hill Lane Enola, PA 17025 NOTICE IS HEREBY YOU IN THE AMOUNT OF CAPTIONED MATTER. GIVEN THAT A JUDGMENT HAS BEEN ENTERED AGAINST $106,052.20, PLUS COSTS AND INTEREST IN THE ABOVE- IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Michael J. Cassidy, Esquire Johnson, Duffle, Stewart 8 Weidner 301 Market Street Lemoyne, Pa 17043 717-761-4540 535434