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HomeMy WebLinkAbout05-4837 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITY FIRST FUND v. No. OS -1../1'37 (!;uLLT~ NAZIR M. MOOSA CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original which is attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal Sum Attorney's Fees Total $ 24,950.37 $ 2,495.04 $ 27,445.41 as of Sept. 9, 2005 REESE, PUGH, SAMLEY, W AGENSELLER & MECUM, P.C. By: ~/(~ Dated: Matthew C. Samley, Es ire 120 North Shippen Str t Lancaster, P A 17602 (717) 393-0671 Attorney ID No. 65442 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITY FIRST FUND v. No. 05' - .lffyr CI'uLL~~ NAZIR M. MOOSA CONFESSION OF JUDGMENT COMPLAINT Community First Fund, Plaintiff herein, by and through its attorneys Reese, Pugh, Samley, Wagenseller & Mecum, P.C., files this Complaint to eonfess judgment against Nazir M. Moosa, Defendant herein, pursuant to Pa.R.C.P. g2950 t:t seq and support thereof and avers as follows: I. Plaintiff is Community First Fund, a non-profit corporation, with a place of business at 30 West Orange Street, Lancaster City, Lancaster, Pennsylvania 17604. 2. Defendant is Nazir M. Moosa with last knO'l.vn address of 110 Old York Road, New Cumberland, Pennsylvania 17070. 3. On or about July 27, 2004, Defendant, borrower, executed a Promissory Note, whieh Borrower's signature appears under the Community First Fund signature line, with a confession of judgment clause, promising to pay Plaintiff, holder, Twenty-Five Thousand and 0011 00 ($25,000.00) Dollars with interest of 9.74% in monthly installments of $696.80 over 48 months, with payments beginning September 15, 2004. A true and correct copy of the Promissory Note is attached to this Complaint as Exhibit "A" and incorporated by reference. 4. The Promissory Note executed by Defendant has not been assigned. 5. No judgment on the foregoing Promissory Note has been entered in any jurisdietion in the United States. 6. Judgment is not being entered by confession against any natural persons in eonneetion with a consumer credit transaction. 7. Defendant has defaulted on the Promissory Note by not paying required payments of principal and interest when due 2 8. An itemized computation of the amount due:is as follows: Principal Sum Attorney's Fees Total $ 24,950.37 $ 2,495.04 $27,445.41 as of Sept. 9, 2005 9. Plaintiff s attorney is authorized by warrant, incorporated by the Promissory note attached to this Complaint, to appear for the Defendarlt and confess judgment against the Defendant for the above total sum. WHEREFORE, Plaintiff demands judgment against Defendants as authorized by the Promissory Note for Twenty-Seven Thousand Four-Hundred Forty-Five ($27,445.41) Dollars, along with ongoing interest, attorney's fees and costs of suit. Respectfully submitted, REESE, PUGH, SAMLEY, W AGENSELLER & MECUM, P.C. Matthew C. Samley, squire 120 North Shippen Street Lancaster, PA 17602 (717) 393-0671 Attorney lD No. 65442 Dated: 1/)40s~ , By: ~~ Has25-CFF. Moosa Confession of Judgement and Complaint 3 VERIFICATION I verifY that the statements made in the foregoing Confession of Judgment and Complaint are true and eorrect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. CommWliity First Fund Dated:..m ""'4 hoos I , By: a~ _M..:J;:. Omar Shute 4 cd WdcE:c0 S00C cl 'ddS 696cE6EL1L 'ON X~~ Jd'^3lW~S ~ H9nd 3S33~ WO~~ PROMISSORY NOTE Borrower: Nazir M. Moosa ISSN: 192-58-5242) DBA: Alley on 2nd P.O. Box 62021 Harrisburg, PA 17106 lender: COMMUNITY FIRST FUNO FO BOX 524 LANCASTER. PA 17608.0524 (717) 393.2351 Principal Amount: $25,000.00 Interest Rate: 9.740% Date of Note: July 27, 2004 Maturity Date: August 15, 2008 PROMISE TO PAY, Nazir M. Moosa ("Borrower") promises to pay to COMMUNITY FIRST FUND ("lender"). or order, in lawful money of the United States of America. the principal amount of Twenty-five Thousand & 00/100 Dollars ($25.000.001. together with interest at the rate of 9.740% per annum on the unpaid principal balance from July 27.2003. until paid in full. PAYMENT. Borrower will pay this loan on demand. Payment in full is due immediately upeln lender's demand. If no demand is made. Borrower will pay this loan in 48 payments of $696.80 each payment. Borrower's first paymelnt is due September 15, 2004, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on August 15, 2008. and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Ulnless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs; then to any late charges; then to any accrued unpaid interest; and then to principal. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments, Borrower agrees not to send Lender payments marked "paid in full". "without recourse", or similar language. If Borrower sE:nds such a payment, lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender, All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMUNITY FIRST FUND, PO BOX 524 LANCASTER, PA 17608-0524. LATE CHARGE. If a payment is 5 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $15.00, whichever is greater,; INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 4.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, 13xtension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that: may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements, Any warranty. representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrclwer's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or im,olvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture pm:::eedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts. with lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonablenl3ss of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfE!iture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by lender, in its sole discretion, as being an adequate reserve or bond for the dispute, Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to. permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfac;!ory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) jf Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen f1 5) days; or (2) if the cure requires more than fifteen {15) days, immediately initiates steps which Lencler deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, lender may, after giving such notices as required by applicable law. declare the entire unpaid principal balance on this NotA Rnrl nIl Rr:r.rJIArlllnnllirl intArpc:t immprii::atp!l1 rillP ::anri th",n RnrrnlMPr 'Mill n::a\l th"'t "'......n"nt Loan No: 2004-1042 PROMISSORY NOTE (Continued) Page 2 ATTORNEYS' FEES; EXPENSES. lender may hire or pay someone else to help collect tris Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees. expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. lender and Borrower hereby waive the right to any jury trial in any action._ proceeding, or counterclaim brought by either lender or Borrower against the other. GOVERNING lAW. This Note will be governed by. construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of LANCASTER County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or pre authorized charge with which BOrrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Security Agreement and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. BORROWER REPORTING REQUIRMENTS. Borrower agrees to additional provisions as follows: For as long as the loan is outstanding, borrower must provide internal monthly financial statements (including balance sheets) and year end tax returns and be available to discuss the progress of the business with Community First Fund Staff (or it's designee) on an "as needed basis". For as long as the loan is outstanding, borrower agrees to allow Community First Fund to share confidential information with partnering technical assistance providers on an "as needed basis" so that they may provide technical assistancl:l to borrower business. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING A<iENCIES. Please notify us if we report any inaccurate information about your account(sl to a consumer reporting agency. Your written notice deiscribing the specific inaccuracy(ies) should be sent to us at the following address: COMMUNITY FIRST FUND, PO BOX 524, lANCASTER, PA 17608-0524 GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. lender may delay or forgo l:lnforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take ~Iny other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUOGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENOER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PR'NCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 1$5001 ON WHICH JUOGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TII~E TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY FliGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY 'NDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY I~OTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X Nazir M. Moosa (Seal) Loan No: 2004-1042 PROMISSORY NOTE (Continued) Page 3 LENDER: COMMUNITY FIRST FUND x ~ \\~'L Aut oriz Signer LASE~ ~o L.",li<>g. ~.... 5.23.10.OCIl COP" H....nd F..on...' Sol.>lio...lnc. 1997. 21Xlol. All Rogh" R_.od, . ~A C"CFIWIJO\CFI\LPL\OlO.FC TR.~ PR., (0 ~ "G~~~ ~-6'~) r~~~ j~CY~ V-:t- P- ~ 0<;;" """1:)0.1 nlr\ I ~{.' (lJ - -, '<. ~.~~ Z ~ ~ ~ = ~ :i!::o '" 111~ .." --0 c; ;:~<.. :L'.=f-i ~ ~i~ ~ <,1 ?O &" '< ...0 ft -