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HomeMy WebLinkAbout05-0294 BARLEY SNYDER Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Laucaster, P A 17602 717 299-5201 Attorneys for Plaintiff Fulton Bank FULTON BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRANCES T. VAUGHN, Defendant No. DS: ~nr C/', ,; C-&h{ ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney in the Guaranty executed by Defendant in favor of Plaintiff, a true and correct copy of which is attached to the Complaint filed in this action as Exhibit "A" and which is incorporated herein by reference, I hereby appear for Defendant, Frances T. Vaughn and confess judgment for money damages in favor of Plaintiff and against Defendant as follows: Principal ........................................................................$ 53,711.49 Interest through 12/13/04 at a rate of$8.95 per diem .................................................................$ 641.93 Late Fees ........................................................................$ 13.47 Satisfaction Fees ........................................................................$ 184.00 15% Attorneys' Fees ........................................................................$ 8.153.01 TOTAL ........................................................................$62,703.90 plus continuing interest after December 13, 2004 at a rate of $8.95 per diem, continuing late charges, continuing attorneys' fees and costs of suit. By: Scott F. Landis, squire Attorneys for Defendant Frances T. Vaughn Court J.D. No. 69798 126 East King Street Lancaster, P A 17602-2893 (717) 299-5201 1343722_1.DOC ORIGIN.AL BARLEY SNYDER Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank FULTON BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRANCES T. VAUGHN, Defendant No. (')!; - ;;(9r C~()~L T8zJv[ COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Fulton Bank, files this Complaint pursuant to Pa. R.C.P. g2951(b) for judgment by confession and avers the following: 1. Plaintiff, Fulton Bank, is a Pennsylvania banking corporation with a principal location of One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Frances T. Vaughn is an adult individual, with a last known address of 3606 Golfview Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about December 2, 1999, Defendant executed and delivered to Plaintiff an unlimited Guaranty (the "Guaranty"), by which Defendant agreed to unconditionally guaranty and become surety to the Bank for all amounts owed to the Bank by George A. Vaughn (the "Borrower"). A true and correct copy of the Guaranty is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Defendant's liability under the Guaranty is $55,000.00. 1343722JDOC 5. As of December 13, 2004, there remained due and owing from the Borrower an unpaid balance as follows: Principal ........................................................................$ 53,711.49 Interest through 12/13/04 at a rate of$8.95 per diem .................................................................$ 641.93 Late Fees ........................................................................$ 13.47 Satisfaction Fees ........................................................................$ 184.00 15% Attorneys' Fees ........................................................................$ 8.153.01 TOTAL ........................................................................$62, 703.90 plus continuing interest after December 13, 2004 at a rate of $8.95 per diem, continuing late charges, continuing attorneys' fees and costs of suit. 6. This action is based on the Guaranty which authorizes confession of judgment against Defendant for all amounts owed by the Borrower. 7. The Bank is the owner and holder of the Guaranty. 8. The Guaranty also authorizes confession of judgment against the Defendant for reasonable attorney fees, which, for purposes of the confession of judgment are deemed to be equal to fifteen percent (15%) of the outstanding principal and interest or $8,153.01 9. The Guaranty has not been assigned. 10. No prior judgment has been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 11. Judgment is not being entered by this Complaint against a natural person in connection with a consumer credit transaction. 1343722-1 WHEREFORE, Plaintiff, Fulton Bank, demands judgment against Defendant, Frances T. Vaughn, in the total amount of $62,703.90, consisting of a principal amount of $53,711.49 interest through December 13, 2004, in the amount of$641.93, late fees in the amount of$13.47, satisfaction fees of$184.00, attorneys' fees in the amount of$8,153.01, plus continuing interest after December 13,2004 at a rate of$8.95 per diem and costs of the suit. Date: !/IZ(()( ( By: BARLEY SNYDER ~wp; Scott F. Landis, squire Attorneys for Plaintiff Fulton Bank Court J.D. No. 69798 126 East King Street Lancaster, P A 17602-2893 (717) 299-5201 1343722-1 ~- 1'0' . ,". PULTON BANK 'B?nk' C0 GUARANTY (SPECIFIC !--lABILITjES) The Undersigned, intending to ~,legally bound hereby, and in {:onsiderallon Of the Ctedil heretofore, concurrently or hereafter exteudW by Bank to Georae A Vauahn II I (-Borrower"), has entered into lhis Guaranty and Bank has agreec to make available or ffiaintaip such credit fo~ Borrower in reliance on this Guaranty. 1. DEFINITIONS. As herein rhe following terms shall have the tmanings th3;t follow: The terms "Bo,"rower's LClbiliry" or 'Liabililles" mean and refer to all ex.isting and future indebtc:dness and other liabilities outstanding to Bank ftQm Borrower in connection wi!h a certain Promissory Note dated g I ,'+ I q s;- executed by Borrower in fa....or of Bank, as may be amended from time to time. 'Collateral" means all real and perwnal propeny, tangible and intangible, of every desctiption, as set forth on any separately executed mortgages or other security agreements _or documents granting to Pank a security interest to secure this Guaranty specifically or liabilities of (he 1.Jn4err-igned generally; and all property of allY nature whatsoever of lhe Undersigned now or hereafter in d\(. possession of or asSigned' or hypothecated to Bank for any purpose, and an)' balanfe or share belonging to the Undersigned of ~y deposil, agency or olber accounts with Ba.I1k and other amounts which may be owing from time II? tiQ1e by ~ank. to the Undersigned. Without limiting Ihe generality of the foregOIng, the Collateral includes the following:" NONg 2. CONTINUINGSURElYOBLlGATION- The Undersigned does hereby unconditipnally guaralllee, and become smety to Bank for the fult and ptotnpt payment when due, whether by acceleration \)f ntherwise, and at aU times thereafter, of all the Liabilities. This Guaranty is a continuing ont and shall be effective and binding 01\ the Undersigned regardless of how long before or after the date hertof any of Botrower's Liabilities were or are incuITed. Notwithstanding lhe foregoing, anyone of the UndetsigltCd ma.y at a.ny time not less dian 365 days from execution of this Guaranry, give written notice to Bank ohuch Undersigned's intention to terminate prospeclively their surety ob/igatioll for Borrower', Liabilities put$Ua.nt to this GuaranI)', Any norice so given shall bt e'f(ective with respect to Borrower's Liabillfies incurred after receipt by Bank of the written notice, but shall no,! be effeclive willi respect to, nor terminal!' the Undersigned',s liability for, Liabilities wbich are renew,lIs, ex.tet\5.iom. or modiflcations of ed,sting Liabilities or LiabUit~ as to whkh Bank is then bound by agreement or commitment to thereaftereJ;.lend. ' . ., , .' The Undersigne4 guarantees tbat all payments and recoveries of collateral (incl\!ding,. t!Ut not limited to, !he Collateral) applied by Bank to the Liabililies will, when mlldf', or when so applied, be final and not. rtcnverable in any Insolvency or bankrupl&y proceeding; and agT~ that if any am(l\lR!. applied to !he :pa,bilities .is r~covered from, or repaid by, Bank" iI1 wbole or in part in any bankruptcy. insolvency or similar proceeding instituted by or against Borrower, the obligadoa- of the Und.et$igneil shall contillue w ~ tully applic~b1,e to the amount so repaid or recovered to the same extent as though the amount recovered or repaid had never been applied with respecl to the: Liabilities. The Undersigned h.ereby grants to Bank. authority to mailJliin of record, and to record, docwrieuls necessary to per~t or to continue Bank's perfe<:ted intere" in the Collateral until such time as ~ank is S31isfied in ~ sole discn:tlon that it no longer h3.s exposure to disgorgement. The rigbt of Bant to continue ~ perfected interest in me Collateral is for itS sole benefit, and the UMe.rsig~,e~ ~;l1I not be relieved of personal liability for Borrower's Lillb-iliti~~ because Bank elects not to conr.inue an interest in ~ ~ol~~!. I , 3, AMOUNT OF LlABILITY. The amoum of lhe Undersigned's liability hereundef shall be limited to Ifte maximum principal sum <)f $ * * * * * * 55. 000 . 00 ,plus wtere5t !lCCrued !hereon. If no insettion has been made in !he preceding space, the antOu.nt of the Under.Slgned's La.bilit)' hereunder shall be UNLIMITED. If the amount of the ,Undersigned's liability hereunder is herein limited. !he Undersigned agt<<$ that ll1e amount of Borrower's Liabilitles may from time to time exceed the limil of the Undersigned's liability hereunder wiChcut in a.ny way affecting or diminishing the obligation of the UJl.dersign~, and thai Bank: may apply any paytmnt by or on behalf of Borrower wilb respect to Borrower's Liabililies to OF on ICCO\lDt of~uch ofBorrow~r's Liabilities !lnd in sucb. ~rdcr as Bank may elect. 4. UNCONDITIONAL LIABILITY. The liability afd1e Undersigned hereunder i~ absclute and uIJconditional and shall not be affected ill any way by reason of (a) any fuilure to retain or preserve, or the lack of prior ~nf~{Cement of. any judgmerll or other rights against any person or personS- (inc-ludinJ Borrower and any other surety or guaranror) or in any property, (b) the i,nvalidity or unavll;i1ability of tny such Judgment or other rightr. which may be attempted 10 be obtai.ned, (c) llny delay in enforcil'18 or failure to enforce any such. rights even if such rights are thereby lost, or (d) any delay in ma~ing demand ~n the Undersigned for performance or paymenl of the Undersigned's obligations hereunder. S. W AlVERS- The Undersigl1ed bereby waives all noti~~s of any charactef whatsOever with respect to this Guar!lnty and Liabilities to Batik, including bul nOl being limited 10 notice: of the ?ccepta.nC~ herC$'f and reliance hereo-n, of the present existence or fulure incurring of any Qf !he Borrower's Liabilities to Bank, of !he amount, terms and canditians 'Utereof, and of any defaultS thereon. The Undersigned. hereby consentS- w tile tak.ing .of, or failure to take frorn lime to time witl1o\lt OOlice to tp~ Unde'1!8~, any action of any nature whatsOever with respect \0 the Borrower's Liabilities to Ban~ and with resJM:.ct ~o any rights ag~inst any persol) or persons (inc.l-uding Borrower or arty of the Undersigned) or in any property, including but oot heing limited 10 any rertew!lls, e~lel1Sions, modifl.C,ations, postponements, compromises, indullences, waivers, surrenders, exchanges, and r.tleil$e~, and the Undersjgne~ will rernail)..(U1ly..liable heU9R notwittlsulOding any of the foregoing; provided, however, that the gral\ti~ of ~ ~Iease (If Ihe liabilil)' hereunder o( ~~s ~a~, ~~I of the llndersigned shall be effective with respect to the liability hefe9'l;\der of \he one or mote Undersigned who are specifl~lIy rel.eased, but shall in no way affect the liability hereunder of any of die Undersigned not specifically. released. The,death or iflC:tp~~itY of ~ny of the Undersjgn~d shall in no way affect the liability hereunder of any other of me Ulldersiglled. The Unders.igned hereb)' waives the bent'fit of all laws now or herea.~~r ill effect in any WllY limitil\g Ot restricting the liability of lhe Undersigned hereunder, illl;:lu.dirtg, wUhout limitation, (I) all defel\ses wha~ver to !he Undersianed's liahility hereunder, c1ctpl the defe05e of.pllymen,ts made on account of Borro'oYcr's L.iabili[ic$ ~ Ba_f\k and the Undersigned's liabi\i\y hereunder; (ii) a!1 right 10 stay of execution and exemption of property in any action 10 enforce the lub:JilY of me Undersigned h.erwnder; and (iii) TIlE UNDERSIGNED HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTiON OR PROCEEDING, WI-{ETHER A CLAIM OR COUNTERCLAIM (AND WHETHER SOUNDING IN TORT. CONTRACT OR OTHERWIS~). WHICH RELATES IN ANY,WAY, DIRECTLY OR INDIRECTLY, TO THIS GUARANTY, THE RELATIONSHIP ESTABLISHED UNDER TRlS GUARANTY, THE TRANSACTIONS ENTERED INTO IN CONNECTJON WITH THIS GUARANTY, OR THE DEALINGS BETWEEN THE PARTiEs WITH RESPECT TO THIS GUARANTY; THIS WAIVER ,PROVISION IS AGREED TO BE A MATERlAL 'PROVISION OF nus GUARANTy' AND A MATERIAL INDUCEMENT FOR BANK TO ENTER INTO THE TRANSACTlONS WmCH RESULTED IN THE CREATION, RENEWAl" EXTENSION OR MODIFICATION OF BORF-QWBR'S LLABlLlTIES, .' ..., ..... ,.. .... ". , 6, PA VMEN:f or CpSfS -- In addition to aU o~t liability of the UndersigIJ:d h~reunder and notwilltsu.nding the limil, if any, set forth in paragraph 3 hereof, the Undersign~d also a.gre~s to pay Bank on ~emand all costs an~ eJ;.penses (inc.}uding re.asonable attorneys' fees >lnd legal expenses) which nt.1~ be incurred in the e1'!fOIct1Jlen~ of the Borrower's Liabi~ities or the liability of thp Unde~si~1Jed hereunder. 7. ACCELERATIQN OF LIABILI11ES-'(f any of Borrower's Liabilities 10 Bllnl. are not paid whc:n due or if there occurs a defllult or e.vent of default under agreemenfs pertaining 10 llny of Borru-wer's Uanilili.es, all Borrower's ~ial?ilitles to Bank $hallllt Bank's optico and wilhoot prior nOlice to the Undersigned bt: deemed to be fortbwilh due and payable for purposes of this GuaTllnty and the liability of the Undersigned hereunder. As between the Uooersigned and Bank, dle Liabilities for whi!;h the. Uru:leNigneJ is surety hereunder may be decla.red 10 be due and payable for purposes of this Guaranry nOlwithsLal1ding any Slay, injunclioli or aIDer prohibition which may prevent., delay or i,!itiate any such declaration as against Borrower. < i.... 8. OEFAULT- There shall occur a~.Defauil" under this Guaranty jf the Undersigned fails 10 pay when due any amount owing hereunder or fails to do or perfonn any of its obligations under any documents penaining 10 the Collaleral. If a Default occurs, Bank may exercise its right of setoff and may exercise any and all righlS and remedies against the Undersigned or the Collateral as may be available hereunder. under secllrity and other collaleral documents pertaining to the Collateral, under the Uniform Commercial Code, or otherwise. The terms of !he securiry and other collateral documents are incorporated herein by refetcnc.e. The remedies set funh In thme other documents shall be in addilion 10 other remedies of the Bank hereunder with respect to the indebtedness of the Undersigned, including, without limitation, the right 10 confess judgment against the Undersigned at any lime. whether or nol a Default has occurred. 9. WAIVER OF SUBROGATION-The Undersigned hereby irrevocably .....aives any and all righls the Undersigned may have at any lime (whether arising directly or indirectly, by operation of law or by contract) to assert any claim againsl Borrower Oll account of payments made under this Guaranty including, withollllimitation, any and all righ!S of subrogation, reimbursement, exoneralion, contrihution or indemnity_ 10. OTHER GUARANTIEs.. A subsequent agreement of suretyship or guaranty by the Undersigned or any other obligor shall nOI be deemed to be in lieu of or to supersede or lerminate this Guaranty but shall be construed as an additional or supplementary agreement of suretyship or guaranty unless otherwise expressly provided therein; and in the event the Undersigned or any otJ1er obligor has given 10 the Bank any such agreement of suretyship or g~ranty previously, Ibis Guaranty shall be construed to be an a..ddilio1\al or s.upplementary agreement of suretyship, and not 10 be in lieu dlereof or 10 terminale any such previous agreemenl of suretyship or guaranty unless expressly so provided herein. 11. MISCELLANEOUS- If the Undersigned consists of more than one person, such persons shall be jointly and severally liable hereunder. This Guaunty shall inure to !be benefit of the Bank. its. successorS, assigns, endorsers and any person or persons. including any banking institution or im.titutionl'., to whom the Bank may grant any interest in Bonower's Liabilities, or any of !hem; and shall be binding upon the Undersigned and !he Undersigned's heirs, ex.ecutors, administrators, successors, assigns, and other legal represenlatives. The Undersigned intends this 10 be a sealed inslrument and (0 be legally bound hereby. All issues arising hereunder shall be governed by Ute law of Pennsylvania. The following paragraph sets forth a warrantor aUorney to confess judgment agafost the Undersigned. In granting thl:; warrant of aUorney to confess judgment against !he Undersigned, the Undersigned hereby knowlngly,lntentlonaUy and voluntarily, and, with opportunity fOf the advice or separate counsel of the Undersigned, unconditionally waives any and all rights the Undersigned bas or may have to prior notice and an opportunity for hearing under the respective constitutions and laws or the United States and the Cummonwealtb of Ptnnsy1vnnu., CONFESSION OF JUDGMENT - EACH OF THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS IRREVOCABLY THE PROTHONOTARY OR ANY CLERK OR ATIORNEY OF ANY COURT OF RECORD TO APPEAR AND TO CONPESS JUDGMENT AGAINST THE UNDERSIGNED OR ANY ONE OR MORE OF THEM IN FAVOR OF THE HOLDER OF THIS GUARANTY AS OFTEN AS NECESSARY UNTll.. ALL LIABll..ITIES OF THE UNDERSIGNED HAVE BEEN PAID IN FULL, AS OF ANY TERM. FGR ALL AMOUNTS OWING (WHETHER OR NOT THEN DUE) UNDER THIS GUARANTY, TOGETHER WITH COSTS OF LEGAL PROCEEDINGS AND A REASONABLE ATTORNEYS' FEE FOR COLLECTION (WHICH FOR PURPOSES OF eXERCISING THiS WARRANT OF A ITORNEY TO CONFESS JUDGMENT SHALL BE DEEMED TO BE EQUAL TO 1.5% OF THE SUM OF THE PRINCIPAL PLUS INTEREST FOR WHICH Jl1DGMENT IS THEN CONFESSED), WITH RELEASE OF ALL ERRORS, WAIVER OF APPEALS, AND WITHOUT STAY OF EXECUTION. TIlE UNDERSIGNED HEREBY WAlVF.s ALL REliEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OR RULES OF COURT NOW OR HEREAFTER IN EFFECT. WlTh'ESS FZ7J;;;:;'. 02 SIGNATURES ^d .., o( /0vYAff~t/u /'1'1'1 1l4MdA~ U'J~J:. ranees T. Vaughn ~-~ (SEAL) (SEAL) (SEAL) __(SEAL) _JSEAL) (SEAL) (SEAL) __~__(SEAL) _JSEAL) (SEAL) (SEAL) Addrcss:~2.Q6 GUlfview Drive. Mechanicsbura PA 17055 VERIFICATION Fulton Bank vs. Frances T. Vaughn I, Christopher L. Demko, Vice President of Fulton Bank, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn falsification to authorities. Dated: 1/5//F , ( &~/~ /-JP Christopher L. Demko Confession of Judgment on Guaranty- Fulton vs. Vaughn George (3) (0 '6q. ~ - Ii 1 :-0 f""..., f3 C) b C) r,',-' ," .... '. I::",".-j .-< ~ ~- -r::: M "- ~ :- ~ f,1 II) ........ )J - --0 L,':" ~ ~ W 1,.- ~ -:1 ~ ~ J ... D"- f_-,) r: .'_. C.", BARLEY SNYDER Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 ORIGINAL Attorneys for Plaintiff Fulton Bank Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FULTON BANK, v. Defendant No. ()~ -::<'9tf c;ucL ~~~ FRANCES T. VAUGHN, CERTIFICATE OF RESIDENCE I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: The precise address of Plaintiff, Fulton Bank, One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17604. The last known address for Defendant, Frances T. Vaughn, 3606 Golfview Drive, Mechanicsburg, Pennsylvania 17055. Dated: I/tz( Or I BARLEY SNYDER sd~dj( By: Attorneys for Plaintiff Fulton Bank Court I.D. No. 69798 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 1343722_LDOc I' .~. ;:;,'...' ;,.! ~" ';::-:> ~ o -'~ '1 :;1 '-- ,...", C w --, t:? (:n No. 05-294 BARLEY SNYDER, LLC Scott F. Landis, Esquire Court I.D. No. 69798 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank FULTON BANK, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. FRANCES T. VAUGHN, Defendant No. 05-294 PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended, with costs paid and judgment satisfied. BARLEY SNYDER, LLC //7 / By ~s<od~~ ;? Attorneys for Plaintiff, Fulton Bank Court LD. No. 69798 126 East King Street Lancaster, P A 17602-2893 (717) 299-5201 1550655-1 g Z '"1:J(G rT'\iT '-;'7. ~.': (r?\- ~ = 0-- '- ~ '-" <::) Q. ~:P -0;;;; -':Jd ('"".le', v-\ .-:. .:~ :;..~ (~6 -k(\\ S2, ?' ~ -10 :% '-P. - <::)