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HomeMy WebLinkAbout13-6198 E f,f OTi u11110TAf;'' 13 OCT 21 Pil 2: 02 COM8ERL AND C0t1h' T ;' PENNSYL VAr '4lA THE VIRGINIA NUT SHOP, INC., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. f3- 619' JOHN CRISPINO and JENNIFER CRISPINO, his wife, ) CONFESSION OF JUDGMENT Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed int his action, I appear for the Defendants and confession judgment in favor of the Plaintiff and against the Defendants as follows: Principal balance as of 1 September 2013 $79,808.60 Attorneys fees $7,980.86 Total $87,789.46, plus interest at 6% after 1 September 2013 Sainue L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`' Street . DD 0�## P.O. Box 168 Lemoyne, PA 17043 (717) 761- 5361 "o 79 � /S � e Ali SHE 1:'13 OCT 21 PPI 2: PE NNSYLVANI1� THE VIRGINIA NUT SHOP, INC., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 3r JOHN CRISPINO and ) �61 JENNIFER CRISPINO, his wife, ) CONFESSION OF JUDGMENT Defendants COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW comes the above -named Plaintiff, by its attorney Samuel L. Andes, and makes the following Complaint for Confession of Judgment, based upon the following: 1. The Plaintiff is the Virginia Nut Shop, Inc., a corporation organized under the laws of the Commonwealth of Pennsylvania with its principal offices at 545 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. The Defendants are John Crispino and Jennifer Crispino, his wife, whose address, as known to Plaintiff, is 5254 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks judgment against Defendants based upon a Promissory Note in the original amount of $105,000.00, dated 21 September 2011. A true and correct reproduction of the original Note and the Disclosure Statement executed by the Defendants at the time the Note was delivered to Plaintiff is attached hereto and marked as EXHIBIT A. 4. The judgment requested by Plaintiff is not being entered by confession against a natural person in connection with a consumer credit transaction. The Promissory Note was given to Plaintiff by Defendants at the time Defendants purchased the assets of a business operated by Plaintiff. 5. The Promissory Note on which this action is based has not been assigned at any time by Plaintiff. 6. Judgment has not been entered on the Promissory Note on which this action is based in any jurisdiction. 7. The Note on which this action is based does not prohibit the entry of judgment after a default or the occurrence of a condition precedent. 8. An itemized computation of the amount due under the Note, including interest and attorneys fees authorized by the said Note, is as follows: Principal balance as of I September 2013 $79,808.60 Attorneys fees authorized by the Note $7,980.86 Total $87,789.46 9. Plaintiff demands judgment against the Defendants in the amount of $87,789.46, plus interest after I September 2013, at the rate of 6% per annum, plus costs of suit. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $87,789.46, plus interest after I September 2013, at 6% per annum, plus costs of suit. Sam L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761 -5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: PAUL A. KIMMEL EXHIBIT A PROMISSORY NOTE $105,000.00 J�rri. 6a 2 -1 T 2011 ON DEMAND, after date, the undersigned, JOHN CRISPINO and JENNIFER CRISPINO, his wife, of 5254 Deerfield Avenue in Mechanicsburg, Cumberland County, Pennsylvania, promises to pay to the order of THE VIRGINIA NUT SHOP, INC. at 545 Bosler Avenue in Lemoyne, Cumberland County, Pennsylvania, the sum of $105,000.00 (One Hundred and Five Thousand) DOLLARS, without offset, for value received, together with interest at the rate of six (6 %) percent per annum. Said debt shall be paid in eighty -four (84) consecutive monthly installments of $1,500.00 (One Thousand and Five Hundred) DOLLARS per month, which installments shall be applied first to the interest then due with any balance applied to principal. The first of the said installments shall be due on the first day of the first month following the date of this Note which each monthly installment due on the first of each consecutive month thereafter until the full amount, including principal and interest, has been paid. Not withstanding the said schedule, however, the undersigned agrees to pay, in full, all principal and interest due under this Note on or before the 7 ' anniversary of the Note. AND FURTHER, the undersigned does hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for the undersigned and to enter judgment against the undersigned in favor of any holder of this note for the above sum, together with interest then due, and together with costs of suit, release of errors, and together with an attorney's commission of ten percent (10 %), and without stay of execution of any kind; and the undersigned hereby waives and releases any and all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereinafter to be passed. ADDRESS: 5254 Deerfield Avenue Mechanicsburg, PA 17055 JOHN CRISPINO C VqN IFER CRISPINO DISCLOSURE STATEMENT The undersigned, JOHN CRISPINO and JENNIFER CRISPINO, having read this document in its entirely, and fully understanding it, hereby states, admits, acknowledges, and certifies the following: 1. We have, this day, signed a Judgment Promissory Note in which I promise to pay to THE VIRGINIA NUT SHOP, INC., the sum of $105,000.00 (One Hundred and Five Thousand) DOLLARS. 2. The said judgment note gives the persons who hold or own the note the right to file and enter judgment against us without any prior notice to me and without any right of formal pleading, notice, or hearing for us before the entry of said judgment. 3. Such a judgment entered against us will automatically create alien on all real estate owned by us at that time, whether we own it now or acquire it later. 4. Such a judgment entered against us will entitle the person who owns or holds such a judgment to issue execution against our property which can result in the Sheriff physically attaching or taking possession of said property and selling it at a Sheriff's Sale. 5. That we will be compelled and required to hire an attorney to file formal documents to open or strike such a judgment if we have a valid defense to the action taken against us, and without those documents being filed, we will not have a right to a hearing or trial on such judgment matter. 6. That we have income which is at least $10,000.00 per year. ADDRESS: 5254 Deerfield Avenue Mechanicsburg, PA 17055 J0/1N CRISPINO L 4 10 eRISPINO THE VIRGINIA NUT SHOP, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND CO., PENNSYLVANIA V. JOHN CRISPINO and JENNIFER CRISPINO, his wife, Defendants : NO. 13-6198 CIVL I ERM : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT RELEASE OF JUDGMENT —,..1 C, --;-- ..,... . -;::. .j-:...sx-. rcl cc" \•.:: (--) .......4 C. c) 4c2 C) —.2 THE VIRIGINIA NUT SHOP, INC., plaintiff, for itself and its successors and assigns, hereby covenants, promises and agrees that it will not at any time or times hereafter sell or dispose of, attach or levy upon or claim or demand the premises of 5254 Deerfield Avenue, Hampden Township, Mechanicsburg, PA, hereinafter described on Exhibit A, or any part thereof, in or by virtue of the within judgment, or claim any estate therein. The aforesaid premises are hereby fully released from the lien of this judgment and shall be held free and clear of and from the judgment hereafter. Provided, however, that nothing herein contained shall invalidate the lien or security of the said judgment upon any other estate of the Defendants and nothing contained herein is intended to limit or reduce the amount due under the judgment. By: Respectfully submitted, SA E L. AND S Attorney for Plaintiff Supreme Court ID #17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Date: May I , 2014 Attorneys for Plaintiff CUtit gq elt/sleitils 36( 0 a ga EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point being the intersection of the Westerly line of Deerfield Avenue with the Southerly line of Kentwood Drive as shown on the above mentioned Plan of Lots; thence by the Westerly line of Deerfield Avenue, South 23 degrees 40 minutes East 89.18 feet and continuing by the same by a curve to the right having a radius of 560 feet an arc distance of 29.71 feet to the dividing line between Lots Nos. 14 and 15 on said Plan; thence by said dividing line, South 69 degrees 22 minutes 23 seconds West, 139.41 feet to a point; thence by the dividing line between Lots Nos. 14 and 13 as shown on said Plan, North 23 degrees 40 minutes West,111.48 feet to the Southerly line of Kentwood Drive, thence by the same, North 66 degrees 20 minutes East 140 feet to the place of BEG1NN NG. BEING Lot No. 14, Block "E" of Plan No. 5 of Good Hope Farms, which Plan was on March 29, 1968 duly recorded in the office of the Recorder of deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 19, Page 72. HAVING THEREON ERECTED a dwelling being known and numbered as 5254 Deerfield Avenue, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to all restrictions, reservations, conditions, covenants, easements and rights of way of prior record. BEING the same premises which Robert S. Essis and Terese R. Essis, husband and wife, by Deed dated 03/20/2008 and recorded 04/04/2008 in the Office of the Recorder of Deeds in and for the County of Cumberland in Instrument No. 200810511, granted and conveyed unto John E. Crispino and Jennifer L. Crispino, husband and wife, the Grantors herein.