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Home My WebLink About04-6088MICHAEL N. VANDLING Plaintiff, MELtSSA DISSINGER, DARYL DISSINGER. and J. C. DUNPHY'S PUB, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warranty of Attorney, the original or a 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: $177,396.00 Interest: $ :2,485.89 Attorneys' Fees: $ :2,000.00 Total: $181,881.89 POST & SCHELL, P.C. Dated: DecemberS, 2004 PAULA J?MCDEKMOTT, ESQUIRE Attorney I.D. # 46664 240 Grandview Avenue Camp Hill, PA 17011 (717) 612-6012 POST & SCHELL, P.C. BY: PAULA J. MCDERMOTT I.D. #:46664 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 MICHAEL N. VANDLING Plaintiff, Vo MELISSA DISSINGER, DARYL DISSINGER. and J. C. DUNPHY'S PUB, INC. Defendants. ATTORNEYS FOR PLAINTIFF MICHAEL N. VANDLING IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA NO: (~)t_/ __ 6, O ~ ~'~....,/~) o~ L_~I/Q-'-F"E/2-"'q. COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, Michael N. Vandling, and in support of this Complaint in Confession of Judgment, avers the following: 1. Plaintiff herein, Michael N. Vandling, is an adult individual with an address of 1 Abbey Lane, Camp Hill, PA 17011. 2. Defendant, J. C. Dunphy's Pub, Inc., is a Pennsylvania corporation with an address of 433 North 21st Street, Camp Hill, PA 17011. 3. Defendants Daryl Dissinger and Melissa Dissinger are husband and wife adult individuals with an address of 2303 Forest Lane, Harrisburg, PA 17112. 4. By Note Instrument dated September 1, 2004, Defendants executed a Demand Note in favor of Plaintiff in the amount of $180,796.00. 5. Pursuant to the said instrument, Defendants were obligated to pay the principal sum of $180,796.00, together with interest of 5.5% per annum, upon demand. A true and correct copy of the Note is incorporated and attached hereto as Exhibit "A." 6. Defendants have made two payments totaling $3,400.00 pursuant to the requirements of this Instrument. 7. The remainder of the money has been demanded and has not been paid and accordingly, pursuant to the terms of the instrument, the entire balance of $177,396.00 is currently due and owing. 8. The amounts due and owing from Defendants are principal of $177,396.00, interest of $2,485.89 and attorneys' fees of $2,000.00 for a total debtedness immediately due and owing of $181,881.52. 9. The instrument contains a Warrant of Attorney authorizing confession of judgment against Defendants. A Warrant of Attorney is attached hereto. 10. The instrument has not been assigned. 11. Judgment is not being entered by confession against a natural person in connection with the consumer credit transaction. 12. Judgment in this matter is being concurrently entered both in Dauphin County and in Cumberland County. WHEREFORE, Plaintiff respectfully demands judgment against Defendants pursuant to the Warrant of Attorney attached hereto in the amount of $181,881,52, as authorized by the Warrant of Attomey attached hereto. POST & SCHELL, P.C. Date: December ~', 2004 PAULA Y. MCDERMOTT, ESQUIRE Attorney I.D. # 46664 240 Grandview Avenue Camp Hill, PA 17011 (717) 612-6,012 Attorneys fbr Plaintiff, Michael N. Vandling -2- VERIFICATION I, Michael N. Vandling, Plaintiff in this matter, hereby affirm that the facts and matters set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. y' Mic ael N Date: November2~/*, 2004 WARRANTY OF ATTORNEY Pursuant to the attached instrument, I hereby confess judgment for Plaintiff and against Defendants in the amount of $181,881.52. Respectfully submitted, POST & SCHELL, P.C. Date: December 2,, 2004 PAULA J.~MCDERMOTT, ESQUIRE Attorney 1.]2). # 46664 240 Grandview Avenue Camp Hill, PA 17011 (717) 612-6012 Attorneys for Plaintiff, Michael N. Vandling CERTIFICATE OF ADDRESSES I hereby certify that the addresses of the parties are: Michael N. Vandling 1 Abbey Lane Camp Hill, PA 17011 J. C. Dunphy's Pub, Inc. 433 North 21st Street Camp Hill, PA 17011 Daryl Dissinger Melissa Dissinger 2303 Forest Lane Harrisburg, PA 17112 Dated: December~ 2004 Paula J. McDermott, Esquire DEMAND NOTE On demand,, the.und, ersigned, for vglu.e, r, eceiv~l, jointly,~nd sever,~!lyprq~ises to pay to the order of~r..h,~el /Ii V,~di~,~.~ I.ff~.V [41rl~ [~,~..~// ffl/( /",,'~ thesumof th® un~id bala~ ~em~ ff~ the date hereof until pbid at the rate of ~ p~ annum. Interest to ~ ~id on a monthly ~sis no laer ~an the last day ~ ea~ month. Failure to pay any amou~ due ~or to the last ~y ~ ~e month, will r~lt in an immolate a~le~ion ~ ~e per annum monthly rate to the m~imum all,able by I~. This a~lerated rate will r~ain in e~ for as long es any ~yments am in ~rs. The per annum interest rate on this note may be renegotiated every 6 rnonths at the lenders discretion; however, said rate is not to exceed prime plus ~ ~ . This note is not assumable without the written consent of the lender and may be prepaid in whole or in part at any time without penalty. In the event this note, or any payment associated with this note is not paid when due, the undersigned shall pay all attorney's fees and reasonable costs of collection. This note shall take effect as a sealed instrument and be enforced in accordance with the laws of the payee's state. All parties to this note waive presentment, notice of non-payment, protest and notice of protest, and agree to remain fully bound notwithstanding the release of any party, extension or modification of terms, or discharge of any collateral for this note. Maker hereby irrevocably authorizes and empowers any attorney of record, or the Prothonotary or Clerk of any court in the Commonwealth of Pennsylvania or elsewhere to appear' for Maker at any time or times after the occurrence of an Event of Default by Maker in any such court in any action brought against Maker with respect to the indebtedness evidenced by this Note and therein to confess or enter judgment against Maker for the entire Principal Sum, together with all accrued interest and other =sums owing hereunder as evidenced by an affidavit signed by Payee setting forth such amount then due, plus reasonable affomey's fees (but in no event less than U.S. $2,000.00, with cost of suit, release of procedural eTors and without right of appeal. If a copy of this Note, verified by an affidavit, shall have been filed in any such action, it shall not be necessary to file the odginal as a warrant of attorney. Maker waives the right to any slay of execution and the benefit of all exemption laws now or hereinafter in effect. No single exercise of the foregoing warrant and power to bdng any action or confess judgment therein shall be deemed to exhaust the power, but the power shall continue undiminished and may be exercised from time to time as often as Payee shall elect until the amount due under this Note is paid in full. NOTICE TO BORROWER: THIS IS A DEMAND NOTE AND SO MAY BE COLLECTED BY THE LENDER AT ANY TIME. A NEW NOTE MUTUALLY AGREED UPON AND SUBSEQUENTLY ISSUED MAY CARRY A HIGHER OR LOWER RATE OF INTEREST. THE ABOVE PARAGRAPH CONTAINS A WARRANT FOR AN A'll'ORNEY OR OTHER ABOVE NOTED THIRD PARTY TO CONFESS JUDGMENT FOR MONEY AGAINST MAKER WITHOUT PRIOR NOTICE OR AN OPPORTUNIEI'P! TO BE HEARD. THE ABOVE PARAGRAPH ALSO PERMITS PAYEE TO EXECUTE UPON THE CONFESSED JUDGMENT WHICH COULD HAVE THE EFFECT OF DEPRIVING MAKER OF ITS PROPER¥ WITHOUT PRIOR NOTICE OR AN OPPORTUNITY TO BE HEARD. MAKER HEREBY ACKNOWLEDGES THAT MAKER HAS CONSULTED WITH AN ATTOENEY REGARDING THE IMPLICATIONS OF THE WARRANT AND MAKER UNDERSTANDS THAT MAKER IS BARGAINING AWAY SEVERAL IMF~)RTANT LEGAL RIGHTS. ACCORDINGLY, MAKER HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THAT MAKER MAY HAVE UNDER THE CONSmTUTION AND/OR LOAWS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF PENNSYLVANIA TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING, WITH RESPECT TO BOTH THE ENTRY OF SUCH CONFESSED JUDGMENT AND ANY susEQUENT ~ ATTACHMENT, LEVY OR EXECUTION THEREON. MAKER SPECIFICALLY ACKNOWLEDGES THAT PAYEE HAS RELIED ON THE AFORESAID WARRANT OF ATTORNEY IN ENTERING INTO THE --~"'"" TRANSACTIONS CONTEMPLATED BY THE PTURCHASE AGREEMENT AND THAT THE EXECUTION I~F THI$ NOTE 18 COMMERCIAL IN NATURE. [Maker's printed name] NOTICE TO CO-SIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. ~ '1 [Co-signer's typed or printed name] [Co-signer's signature, address, phone number] [Co-signer's tyl:~:l or pdnted name] [Co-signer's signature, address, phone number] [Witness's signature] [VVitness's signature]