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Home My WebLink About13-0731Johnson, Duffle, 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. THE DREXEL GROUP, INC., Defendant Attorneys for Plaintiff ~:. -, C" ' .... ..~ : , w- -~°. r~ .~~ .~~ ~ ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO2UNTY, PENNSY//LVANIA NO. J' ~~/ U~l CIVIL ACTION -LAW JURY TRIAL DEMANDED 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 Defendant and confess judgment in favor of the Plaintiff and against Defendant 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 :535354 JOHNSON, DUFFIE, STEWART & WEIDNER By C______ Michael J. Cassidy Attorney I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ~y~ ~~ a ~~~ ~a~~ c~~~ a~~~9~ V l l n .~ ,,, I l l l ti~ !/n ~.l 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. THE DREXEL GROUP, INC., Defendant ~~~; 3 e ~ , .:. - ~=== Attorneys for Plaintiff ~' tv ~'~~,~, - ~- , _~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COfUNTY1~PENNSY VANIA NO. 1 ~' / ~Ul CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW this 5 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 Watertord Drive, Suite 201, Mechanicsburg, Pennsylvania 17050. 2. Defendant, THE DREXEL GROUP, INC. (hereinafter "Drexel Group"), is a Pennsylvania business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business located at 1832 Market Street, Camp Hill, Pennsylvania 17011. 3. On or about August 17, 2012, Robert S. Johnson, in his capacity as Secretary and Treasurer for Drexel Group, signed an Installment Note pursuant to which Drexel Group promised to pay to Tax Bureau the sum of $92,337.56 in twelve (12) equal installments on or before the first day of each month commencing on September 1, 2012, subject to penalties and interest set forth therein. A true and correct copy of the original Installment Note 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 in another jurisdiction against Drexel Group pursuant to the Installment Note. 6. Drexel Group is in default of the Installment Note by having failed to make payment of principal and interest when the same became due and payable pursuant to the Installment Note. 7. Drexel Group made only one (1) payment in the amount of $7,694.80 under the Installment Note on November 1, 2012. 8. The following amounts remain due and payable under the Installment Note: 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 Defendant's guarantee to Plaintiff, all of which appears by reference unto the attached Installment Note, and by reason of Defendant's defaults, Plaintiff is entitled to Judgment against Defendant, Drexel Group, 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 By G--- ~ Michael J. Cassidy Attorney I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 :535339 EXH16/T A Froro:The Drexel Group, Inc. 717 730 9845 09110/2012 14:46 #304 P.004/010 lfVS7'A1.I.M1:Nl' N07'E $92,337.56 1832 Market Street Camp Hill, PA 17011 August 17, 2412 FOR VALUE RECEIVED, THE pREXEL GROUP, INC, (hereinafter called "Maker"}, hereby promises fo pay to the order of CUMBERLAND COUNTY TAX BUREAU (hereinafter called "Ho(dar"), the principal sum of Ninety-Two Thousand Three Hundred Thirly Seven boilers and fifty six cants ($92,337.5E), to twelve (12) equal Insiatlments of Seven Thousand Stx l-lundred Ninety Four Doflara and eighty cents ($7,694.80) each on ar before the first (1a') day of eaoh month commencing on September 1, 2012, The unpaid principal balance of this Note shall bear Interest at the rate often percent (10°~) par annum calculated from fhe date hereof on the unpaid principal balance of this Note, payable at the time and together with each Installment of principal hereunder until all installments of principal and interest have been paid in full. The foregoing notwithstanding, the Interest payable hereunder ahal[ be waived in Its entirety by Holder, provided that Maker pays to Holder each installment payment in full, an or before the date each installment payment becomes due. in the event Maker fails to pay airy lnstallmant payment in full to Holder, on or before said installment payment becomes due, then alt Interest payable hereunder shall ba paid by Maker to Holder at the time of making the final lnstallmant payment. Payment of principal and Interest due hereunder shall ba made In lawful money of the United States of America and in such places as may ba designated in wrlttng by Holder, Maker shat! have the right to prepay all or any part of the principal amount of this Nots at any time or from time to iim8 without premium or penalty, provided that Holder pays at the same time all Interest accrued (hereon to the date of payment, if the Maker shaii default In the payment of principal or interest when the same shaii become due and payable, and such default is not cured by Maker within ten (10} days following receipt cf written notice of such dafauit from the Holder, than and In such event {an "Event of Default"}, the entire principal arnaunt of this Note may, ai the option of Helder, become due and payable without presentment or demand, notice of protest or other notice of dishonor of any kind, all of which era expressly watvad by the Maker. UPON THE HAPPENING OF AN EVENT OF DEFAULT, THE MAKER HEREBY EMPOWERS ANI? AUTHORISES, WITHOUT POWER OF REVOCATfON, ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE, TO APPEAR FOR THE MAKER, ITS SUCCESSORS OR ASSIGNS, IN ANY 5UCH COURT, IN TERM TIME OR ON VACATION AND WITH OR WITHOUT Dr;GI.ARATiON FILED, TO WAIVE PROCESS AND SERVICE THEREOF AND CONFESS Jl1DOMENT IN FAVOR OF THf_ HOLDER OF THIS NOTE FOR THE UNPAIb BALANGE OF THE PRINCIPAL AMOUNT HEREOF, TOGETHER WITH ALL 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 UNpERSiGNEp CONSENTS TO IMMEDIATE EXECUTION UPON SUCH JUDGMENT, AND INQUfSITtON AND EXTENSION UPON ANY LEVY UPON REAL. ESTATE ARE I-IEREt3Y WAIVED AND From:The Drexel Group, Inc. 117 730 9845 09/i012012 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, ANE) NO BENEFIT OF EXEMPTION SHAT.[. RE CI.AtMED UNDER OR t3Y VIRTUE OF ANY EXEMPTION LAW NOW (N FORCE OR WI~iICH MAY H>_Rl"zAFTER 8t: ENACTED, THE UNDERSlONED HEREBY EXPRESSLY RATIFYING AND CONFIRMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF. This Note shad bind the Maker, Its successors and assigns, and the baneflts hereto shall Inure to Holder, its successors and assigns. !N WITNESS WHEREOF, and Intending to be legally bound hereby, fhe undersigned has caused this Note to be executed by its proper officers thereunto dui y authorized. 7Ht3 DREXEL GR4tlP, INC, Attest: ((}} ~ Tay: cwt"' ~ c . secretary Narne: ~ S . aUS~1 Title: :509477 VERIFICATION 1, SUSAN S, pIN71, Executive Director of Cumberland County Tax Bureau, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs 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 subJeot to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification authorities. SUSAN 5. PINTi Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82 ] 64 3 O 1 Market Street i _ ,%1 ~. ~: ; ;~; P. O. Box 109 ~ ~~~;'~TF~~~)~~1-~Ey; Lemoyne, Pennsylvania 17043-01 ~g 4 ~ - (717) 761-4540 ~ls ~ ~ ~~ ~ ~ ~ ~~ ~ (~ i'~SYL'~~~Il~ CUMBERLAND COUNTY TAX BUREAU, v. Plaintiff THE DREXEL GROUP, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 2958.1 TO: The Drexel Group, Inc. 1832 Market Street Camp Hill, PA 17011 l3. ~3i ~~il CIVIL ACTION -LAW 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 :535362 By: ~------~ Michael J. Cassidy 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. THE DREXEL GROUP, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU2NTY, PENNS LVANIA NO. I J - ~~I `~~~ CIVIL ACTION -LAW JURY TRIAL DEMANDED RULE 236 NOTICE OF ENTRY OF JUDGMENT TO: THE DREXEL GROUP, INC. 1832 Market Street Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN THAT A JUDGMENT HAS BEEN ENTERED AG ST YOU IN THE AMOUNT OF $106,052.20, PLUS COSTS D I R N THE E- CAPTIONED MATTER. r ~, w Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Michael J. Cassidy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pa 17043 717-761-4540 :535360