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HomeMy WebLinkAbout05-2256 KEEFER W00D ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 1"1963 HARRISBURG. PA 17108.1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY v. NO. D5' -,}J,SL C.iuL'T~ THOMAS D. PEDERSON CONFESSION OF JUDGMENT Defendant CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note, a 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 the Defendant for the sum of $6,210.14, and costs of suit. ?2~ -------'- Eugene . Pepmsky, Jr. Attorney for Defendant by virtue of the authorization contained in the Note KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108.1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY v. NO. 05 - C).')s;b Ci,jLL<--r~ THOMAS S. PEDERSON CONFESSION OF JUDGMENT Defendant NOTICE OF DEFENDANT'S RIGHTS A judgment in the amount of $6,210.14 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 on 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 ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP By: ~ r?fz V. Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108.1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D5" - c:QJSb {!iui[~,"",,- CONFESSION OF JUDGMENT MANUFACTURERS AND TRADERS TRUST COMPANY v. THOMAS S PEDERSON Defendant COMPLAINT 1. Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, successor to Allfirst Bank, with an office at 213 Market Street, Harrisburg, Pennsylvania 17105. 2. Defendant Thomas S. Pederson is an adult individual, whose last known address is 32 Hope Terrace, Carlisle, Pennsylvania 17110. 3. On or about March 23, 2004, Defendant, for good and valuable consideration, executed and delivered a Guaranty Agreement (the "Guaranty") to Plaintiffs for or on account of the indebtedness, liabilities or obligations of Capitol Settlement Solutions, Inc. A true and correct copy of said Guaranty is attached hereto, made a part hereof and marked Exhibit "A". 4. The Guaranty referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered on the Guaranty referred to in Paragraph 3 above in any jurisdiction. 6. The Guaranty provides that Plaintiff may confess judgment against Defendant for the full amount of the Guaranty, together with court costs and with fifteen percent (15%) for attorneys fees, KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 1'1963 HARRISBURG, PA 17108.1963 7. The obligations of Capitol Settlement Solutions, Inc., are in default, among other things, by reason of the failure to make the payment(s) due under note(s) evidencing and securing the same. 8. The amount due on the Guaranty as of April 19, 2005, is $5,400.12. Fifteen percent (15%) of said sum is $810.02. 9. Plaintiff has been advised and, therefore, avers that Defendant executed the Guaranty referred to in Paragraph 3 above for business purposes, 10. Plaintiff believes and, therefore, avers that Defendant's annual income exceeds $10,000.00. 11. This confession of judgment is not being filed against a natural person(s) in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $6,210.14, together with interest as may hereafter accrue and costs of suit. Date: April 28, 2005 KEEFER WOOD ALLEN & RAHAL, LLP By: ~E7ePinSkY' Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff APR-29-00 FRI 08:40 AM MTB SPECIAL ASSETS ON a-D. 16:l3 FROM-Kelflr ~.Qd Allin I Rahal FAX NO, 717 255 2370 p, 02 71 TZ55BD5D T-I64 P,DDUDDB P-2Z1 KI"!IO.F5R WOOp ALLEN & RAHAL, LLI> 210 WALNUT STREET P08OXl1963 HARR1SllU~G, PA 1710a.196) VERIFICATION The underslgneQ Jeffrey S, LInden. hereby verifies and slates that; 1 . He is Assistant Vice President of Manufacturers and Traders Trust Company, Plaintiff herein; 2. He is authorized to make thIs Verification on its behalf; 3. The facts set forth In the foregoing Complaint are true and correct to the best of his knowledge, Information and beliof; and 4. He is i!ware that false statl!:ments herein are maQe subject to the penalties of 18 F'a. C.B, 94904, relatJng to unsworn falsification to authorities. ~$.~ ,J ~~~ J~ , Linden D~t(.Jc.l: ^pdl 28, 2005 ENDORSEMENT AND GUARANTY In consideration for the making. at the ~est ofthc undersigned, ofthc Joan evidenced by the above COIDIIIefcial Promissory Note ("Note). and other good and valuable consideration, the receipt and adequacy of which arc hereby acknowledged, the undCfSigned hereby. jointJy and severally, guarantee to Al1fir5t Bank ("Bank"). ib successors., endorsees and assigns, the punctUal payment at maturity ofthc loan, whether by acceleration or otherwise. and hereby assent to all of the terms and conditions of the Note. The undersi.gned agree that Bank shall be under no obligation to pursue Bank's rights against the Borrower under the Note ("Borrower) or any of the collateral of Borrower securing the obligations of Borrower to Bank. or agaimt any Other Obligor (as defmed in the Note) or any collateral of any Other Obligor before pursuing Bank's rights against the undersigned. Bank may. without compromising. impairi.Pg, diminishing. ot in my way releasing 1he undersigned from its obligations hereunder and without notifying or obtaining the prior approval oflhe undersigned, at any tUnc or from time to time: (a) waive or excuse any default by the Borrower or any Other Obligor, or delay in the exercise by Bank of any or all of Bank's rights or remedies with respect to such default; (b) grant extensions of time for payment or perl"ormance by Borrower or any Other Obligor, (c) release, substitute, exchange, surrender, or add collateral of Borrower or any Other Obligor, or waive, release, or subordinate. in whole or in part, any lien or security interest held by Bank. on any real or penonaJ property securing payment or performance, in whole or in part, of the obligations of Borrower or any Other ObligO'f to Bank; (d) release Borrower or 3JlY Other Obligor, (e) apply payments made by Borrower, or by any Other Obligor, to any sums owed by Borrower or any Other Obligor to Bank, in any order or manner, or to any specific account or accounts. as Bank may elect; and (f) modifY, change, renew, extend, Of amend, in any respect, Bank's agreement with Borrower or any Other Obligor, or any document, instrument,. or writing embodying or reflttting the same. The undersigned waive: (a) any and all notices whatsoever with respect to the Note or with respect to any of the other obligations of Borrower to Bank. including, but not limited to. notice of: (i) Bank's acceptance hereof or Bank's intention to act, or Bank's action, in reliance hereon; (ii) the present existence or future incurring of any of the obligations of Borrower to Bank. or any terms or amounts thereof or any change therein; (iii) any default by Borrower or any Other Obligor, and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any oCtile obligations of Borrower to Bank; (b) presentment and demand for payment of any sum due from Borrower or any Other Obligor and protest of nonpayment, and (c.) demand for performance by Borrower or any Other Obligor. This Endorsement and Guaranty is given by each of the undersigned without reliance by any of them on any other, and without reliance upon the taking of any collateral or security for the loan by Bank and is intended to be a contract of suretyship. Bank shall have no present or future duty or obligation to discover or to disclose to the undersigned any information. fmancial or otherwise, concerning Borrower. any Other Obligor. or any collateral securing the obligations of Borrower to Barlk or of any Other Obligor to B3nk.. The undersigned waive any right to claim or assert any such duty or obligation on the part of Bank. The undersigned agree to obtain all information which the undersigned consider either appropriate Qr relevant to their obligations hereunder from sources other than Bank and to becotlld and remain at all times current and continuously apprised of all information concerning Borrower, Other Obligors. and any collateral which is material and relevant to the obligatiOllS of the undersigned hereunder. The obligations oCthe undersigned shall be absolute and unconditional., and shall be independent of any defense ()t any righb of set-off. recoupment or counterclaim which the undersigned might otherwise have against Bank.. In the event the undersigned pays any sum to or for the benefit of Bank. pursuant to this Endorsement and Guaranty, the undersigned shall have no right of contribution, indemnification, exoneration, reimbursement, subrogation or other right or remedy against or with respect to Borrower, any Other Obligor. ()t any col1ateral, whether real, personal. or mixed, securing the obligations of Borrower to Bank. or the obligations of any Other Obligor and hereby waives and releases all and any such rights which it may now or hereafter have. If Borrower or its successors or assigns is now or shaH hr:reafter become indebted to the undersigned. such sums and indebtedness shalt be subordinate in all n:spects to the amounts now or hereafter due and owing to Bank by Borrower. The undersigr'led waive any right to assert against Bank any defense (whether legal or equitable). claim. counterclaim. or right of set-off or recoupment which the undersigned may now or hereafter have against Borrower or any Other Obligor. Upon a default under the Note, the undersigned authorize any attorney admitted to practice before any court of Tecord in the United States to appear for the undersigned (or anyone or more of the undersigned) in any court in one or more proceedings. or before any clerk thereof or prothonotary or other court official, to confess judgment against such person or persons \1rithout prior notice or opportunity of such person or persons for prior hearing, in favor of the holder of the Note in the full amount due on lhe Note (including principal. accrued interest and any and all charges. fees and costs) plus court costs, plus reasonable attorneys fees of an attorney who is not a salaried employee of the holder of the Note. which the undersigned agree shall equal ftfteen pen;ent (15%) of the unpaid balance of principal. interest, charges, and other swns due under the Note. The undersigned and Bank hereby expressly waive any right to a trial by jury in any suit, action or proceeding brought or instituted by the undersigned or Bank. on or with respect to this Endorsement and Guaranty or which in any way relates, directly or indirectly, to the obligations of the undersigned to Bank under this Endorsement and Guaranty, or the dealings of the partie..'l with respect thereto. IN WITNESS WHEREOF, and :ntending to be legally bound hereby, the undersigned execute this Endorsement and Guaranty under seal. WITNESS OR ATTEST": *Note: Attestat.ion af a corporate officer's capacity to sign by another corporate 'Jfficer is required in all corpor:tte transactions. WITNESS OR ATTEST": "Note: Attestation of a corporate 0 leer is (Signature) . capacity to sign by another orpor<l.te transactions. r GU~TOR/~ ~ (SEAL) ~ C- \..r2-~"'(j='J Thomas S. Pederson (Print Name) (Print Name) Address: 32 Hope Terrace earfule-. Pennsylvania 17013 Telephone Number: (717) 258-1986 p. ~ t ~ ~ ~ ~ r'\. ~ ~ ~ ~ :s t:, C> fv- 1 ~ 0 (2 (;'? -n ~:;;: (:.f\ - -;". ~ ~ -\ -1:....,-:, f\\"[~ -r:l ,_~ ' I " .'.;1 (-") )') N ~;'~':f~ -":) (,-"~:(\:) \, -;~ ;':"'1\-\1 i,;':~ -,~,' (~ -;; ::'""' U\ :.'..r.:; -( 0) f-;"il": ~- KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17106.1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY v. NO. D5" - C;u,l~~ THOMAS S. PEDERSON CONFESSION OF JUDGMENT Defendant NOTICE To: THOMAS S. PEDERSON, Defendant You are hereby notified that on May ~, 2005, judgment by confession was entered against you in the sum of $6,210.14 in the above captioned case. Dated: May~, 2005 C/A./J~ ./ ~. ~ Prothonotary 7- 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Thomas S. Pederson 32 Hope Terrace Carlisle, PA 17013 Attorn KEEFER WOOD ALLEN & RAHAL, LLP 210 W.ALNUT S,TREET PO BOX 11963 HARRISBURG, PA 17108.1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY v. NO. THOMAS S. PEDERSON CONFESSION OF JUDGMENT Defendant NOTICE THOMAS S. PEDERSON, Defendido Usted esta siendo notificando que el_ de May del 2005" se anoto en contra suya un fallo por confesion en la suma de $6,210.14 en el caso mencionado en el epigrafe. FECHA: May _, 2005 Prothonotary USTED DE BE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Thomas S. Pederson 32 Hope Terrace Carlisle, PA 17013 At~t~tiff(S) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2256 CIVIL TERM CONFESSION OF JUDGMENT MANUFACTURERS AND TRADERS TRUST COMPANY v. THOMAS S. PEDERSON Defendant PRAECIPE TO THE PROTHONOTARY: Please mark this judgment "Satisfied" by order of the Plaintiff. Date: June 6, 2006 KEEFER WOOD ALLEN & RAHAL, LLP ~~J Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 By: Attorneys for Plaintiff ,....' ~~ 0" (~.- s;.~ -- \ c:> o --\1 ~""" ~t~, -.j -- -~ '''',_4,0', ;~? ~ ~ C;'? - ;;.-;