The URL can be used to link to this page

Home My WebLink About02-1103IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaintiff, Vo No. ~y,). Civil Term GERRY SCREVEN 1406 Lake Shore Drive Anniston, AL 36102 Defendant. CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Date: March 4, 2002 Pursuant to the authority contained in the warrant of attorney in the Guarantee of Gerry Screven, a true and correct copy of which is attached as Exhibit A to the Complaint in Confession of Judgment filed in this action, I appear for the Defendant Gerry Screven and confess judgment in favor of Plaintiff Fry Communications, Inc. in the amount of $83,779.07. Robert A. S i~}(ID No. 17766) l Craig W. Hillwig (ID No. 70107) KOHN, SWIFT & GRAF, P.C. One South Broad Street Suite 2100 Philadelphia, PA 19107 (215) 238-1700 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaintiff, Vo No. Civil Term GERRY SCREVEN 1406 Lake Shore Drive Anniston, AL 36102 Defendant. COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff Fry Communications, Inc., by and through its undersigned attorneys, files this civil complaint to confess judgment on defendant's personal guarantee of compensation for printing services performed by plaintiff, and avers as follows: PARTIES 1. Plaintiff, Fry Communications, Inc. ("Fry") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 800 West Church Road, Mechanicsburg, PA 17055. Fry is engaged in the business, inter alia, of commercial printing. 2. Defendant Gerry Screven ("Screven") is a natural person residing at 1406 Lake Shore Drive, Anniston, AL 36102. Screven is the president of Alabama Directories, Inc. d/b/a Alabama Direct ("Alabama Direct"). FACTUAL ALLEGATIONS 3. On or about January 31,2001, Alabama Direct applied to Fry for a line of credit for printing services to be performed by Fry for Alabama Direct. 4. On February 20, 2001, Screven executed a personal guarantee (the "Guarantee") that provides in relevant part: For and in consideration of Fry Communications, Inc. (Fry), a Pennsylvania Corporation, extending a credit line for ALABAMA DIRECT, INC. (Alabama Direct) of 930 Noble Street, Anniston, AL 36201 the undersigned officer of Alabama Direct, hereby absolutely, unconditionally and personally guarantees for one year from the date herein all past and future indebtedness that Alabama Direct had or will have to Fry Communications, Inc. for the production and delivery of various printed products up to the amount of One Hundred Thousand Dollars ($100,000). The undersigned waives any personal demand on him or notice of default of Alabama Direct by Fry Communications Inc. If any payment required to be paid hereunder is not paid by Alabama Direct with sixty (60) days of invoice date, the undersigned empowers any prothonotary, clerk of court or attorney of any court of record to appear for the undersigned in any competent court to confess judgement for any principal or interest that may be due. The undersigned hereby consent to the jurisdiction and venue of courts of Pennsylvania in any action brought by Fry Communications, Inc. against the undersigned, and agrees that the laws of the Commonwealth of Pennsylvania apply to the interpretation and construction of the Guarantee. A true and correct copy of the Guarantee is attached hereto as Exhibit "A". AVERMENTS OF DEFAULT 5. On February 22, 2001, Fry extended to Alabama Direct a $100,000.00 line of credit with net 30-day terms (see Exhibit "B" hereto). 6. Fry performed printing services for Alabama Direct on the open account of Alabama Direct, for which Fry submitted to Alabama Direct invoices. 7. On September 28, 2001, Fry sent to Alabama Direct its invoice number 142571 in the amount of $48,373.70 for printing services that Fry performed for Alabama Direct relating to the "Taladega 2001" directory. A true and correct copy of Invoice No. 142571 is attached hereto as Exhibit "C". 8. On November 12, 2001, Fry sent to Alabama Direct its invoice number 144698 in the amount of $36,314.02, for printing services that Fry perfoi-Jiied for Alabama Direct relating to the "Anniston Car Phone" directory. On that same day, Fry also sent to Alabama Direct its Invoice Number 144699 crediting Alabama Direct's account in the amount of $5,800.00. True and correct copies of Invoice Nos. 144698 and 144699 are attached hereto as Exhibit "D". 9. Fry has fully performed its obligations to Alabama Direct and satisfied all conditions precedent to Alabama Direct's obligation to pay for Fry's printing services. 10. Alabama Direct. 11. Alabama Direct accepted the printing services performed by Fry for Payment of the invoice balances, totaling $78,887.72, is past due (hereinafter the "Past Due Balance"). 12. On or about April 7, 2000, Fry sent Alabama Direct and Screven a letter demanding payment of the Past Due Balance, and notifying Screven of Fry's intention seek payment based on Screven's personal guarantee in the event that Alabama Direct did not pay the Past Due Balance. A tree and correct copy of the demand letter is attached hereto as Exhibit "E". 13. The payment terms between Fry and Alabama Direct provide that a "finance charge of one and a half (1.5) percent per month (eighteen (18) percent per annum) will be charged on all past due balances until paid." See Exhibits C and D. 14. As of February 28, 2002, interest has accrued on the Past Due Balance in the amount of $4,891.35, calculated as follows: a. Invoice No. 142571 (for $48,373.70) - $24.19 per day since October 28, 2001 (153 days), for a total of $3,701.07. b. Invoice numbers 144698 and 144699 (totaling $30,514.02) - $15.26 per day since December 12, 2001, for a total of $1,190.28. Interest on the Past Due Balance continues to accrue at the rate of 15. $39.45 per day. 16. Judgment has not been entered in any jurisdiction on either the Past Due Balance or on the Guarantee. 17. The transactions represented by Fry's invoice numbers 142571, 144698 and 144699, attached as Exhibits "B" and "C" hereto, were business transactions between two corporations and were not consumer credit transactions. 18. Fry's claim for the Past Due Balance has not been assigned. 19. Fry's rights under the Guarantee have not been assigned. CONFESSION OF JUDGMENT 20. Fry incorporates herein paragraphs 1 through 19 as though fully set forth. 21. In the Guarantee, Screven unconditionally and personally guaranteed Alabama Direct's indebtedness to Fry. 22. Under the Guarantee, if any payment required to be paid under the Guarantee is not paid by Alabama Direct within sixty (60) days of the invoice date, the warrant of attorney contained in the Guarantee authorizes Fry's attorneys to confess judgment on such unpaid invoice amounts, including any interest that may be due. 23. The Past Due Balances represented by Fry's invoice numbers 142571, 144698 and 144699 have been due for more than sixty (60) past the invoice dates. WHEREFORE, Fry demands judgment against Gerry Screven in the amount of $83,779.07. Date: March __~__, 2002 Craig W. Hillwig (ID No. 70107) KOHN, SWIFT & GRAF, P.C. One South Broad Street Suite 2100 Philadelphia, PA 19107 (215) 238-1700 Thom~sfO Williams (ID No 67987) REAGER & ADLER, P.C. 2331 Market St. Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Mary Roberts, hereby state I am the Controller for Fry Communications, Inc. and am authorized to make this verification on its behalf. I have read the foregoing Complaint, and state that the facts set forth therein are tree and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Mary Robe's Dated: February 28, 2002 EXHIBIT "A" __. __0~/01/02 .10:57 FAX 6910341 FRY ACC/DEPT, ~012 GUARANTEE For and in consideration of Fry Communications, Inc. (Fry), a Permsylvania Corporation, extending a credit line for ALABAMA DIRECT, INC. (Alabama Direct) of 930 Noble Street, Anniston~ AL 36201 the undersigned officer of Alabama Direct, hereby absolutely, unconditionally and persol~ally guarantees for one year from the date herein all past and future indebtedness that Alabama Direct has or w~ll have to Fry Communications, Inc. for the production and delivery of various printed products up to the amount of O~e Hundred Thousand Doll.ars ($100.000). The undersigned waives any personal demand on him or notice of default of Alabama Direct by Fry Communications Inc. If any payment required to be paid hereunder is not paid by Alabama Direct within sixty (60) days of invoice date, the undersigned empowers any prothouotary, clerk of court or attorney of any cout~ of record to appear for the undersigned in any competent court to confess judgement for any principal or interest that. may be due. The undersigned hereby consent to the jurisdiction and venue of the courts of Pennsylvania in any action brought by Fry Communications, Inc. against the undersigned, and agrees that the laws o£the Commonwealth of Pe~neylvania apply to the interpretation and construction of the C~,atantee. Any provision hereof found to be illegal, invalid or unenforceable for any reason whatsoever shall not affect the validity, legality and enforceability of the remainder hereof. Dated: Nar~ ? G-errfS~reven ~ PreSident Address EXHIBIT "B" FRY PUBUCATIOH, CATALOG AND BOOK PRINTING SPECIALISTS February 22, 2001 Alabama Direct Attn: Gerry Screven 930 Nobel Street Anniston, AL 36201 Dear Mr. Screven, I am pleased to extend to your company a credit line not to exceed ~100,000.00, with Net 30-Day Terms. If you anticipate exceeding this limit or foresee problems in meeting our terms, please call. It is important that new customers understand that our prices are based on prompt payment and agree to the terms as outlined in this letter. Approximately one week prior to an invoice becoming due, we call new customers to confirm that our invoices have been received and that they are in process for payment. We hope that you and your staff will use this opportunity to present questions or suggestions concerning our billing. Sincerely,/~ /~ ry L. Roberts Controller MR/dlm cc: G. Shughart, VP Sales FRY COMMUNICATIONS, INC. 800 West Church Road, Mechan csburg, PA 17055 Telephone: 17171 7(,f-,-C~?l 1 Tr~ll [:r~=. l~nnl ~D.,1 lZ]'~c) ~v- 1717~ /_~1 ~,~ ............ EXHIBIT "C" FRY PUBLICATION, CATALOG AND BOOK PRINTING SPECIALISTS ALABAMA DIRECTORIES ATTN: GERRY SCREVEN 930 NOBEL ST ANNISTON, AL 36201 011017-0109 THE FINANCE CHARGE IS COMPUTED BY A PERIODIC RATE OF 1-50%PER 30 DAYS (MINIMUM OF 50 CENTS) WHICH IS AN ANN UAL PERCENTAGE RATE OF 18 . 00%APPiJED TO PAST DUE BALANCE. CUSTOMER NO. I RI=~'c~-IENCE NO. 0031100 BE JOB NO. 2/ 5172 9/28/01 142571 TERMS NET 30 DAYS IMPORTAN~ PLEASE RETURN ONE COPY WITHREMrI-I'ANCE. AMOUNT PAID $ TALADEGA 2001 464 PAGES, 40,800 COPIES UNIT DESCRIPTION BASE PRICE(40,000 COPIES) 1 MANUFACTURING 1 PAPER 1 ADDITIONAL CHARGE: (800 COPIES @ $957.02/M) 1 ADDITIONAL CHARGE: (500 FLAT COVERS/CUT TO SIZE) 1 ADDITIONAL PREP CHARGES: 41 DIGITAL BL @ $3.00 PER) 1 FEDERAL EXPRESS FREIGHT(FURNISHED) SETUP QUANTITY 20205.000 26783.000 756.620 404.000 123.000 102.080 INVOICE TOTAL FRY COMMUNICATIONS, INC. 800 West Church Road, Mechanicsburg, PA 17055 Phone: (717) 766-0211 Fed. ID. 23-1885979 RUN/1000 EXTENDED 20,205.00 26,783.00 756.62 404.00 123.00 102.08 $48,373.70 PLEASE PAY THIS AMOUNT EXHIBIT "D" FRY PUBLICATION, CATALOG AND BOOK PRINTING SPEC~AUSTS ALABAMA DIRECTORIES ATTN: GERRY SCREVEN 930 NOBEL ST ANNISTON, AL 36201 011206-0111 THE FINANCE CHARGE IS COMPUTED BY A PERIODIC RATE OF 1..50 %PER 30 DAYS (MINIMUM OF 50 CENTS) WHICH IS AN ANNUAL PERCENTAGE RATE OF 18.00 % APPLIED TO PAST DUE BALANCE. 0031100 BE 11/12/01 144698 JOB NO. I TERMS 3/ 5172 NET RECEIPT IMPORTANT: PLEASE RETURN ONE COPY WiTH REMITTANCE. AMOUNT PAID $ ANNISTON CAR PHONE DIRECTORY SIZE:6" X 8" 592 PAGES, 22,400 COPIES UNIT DESCRIPTION 1 16 1 1 1 1 2 128 1 BASE PRICE(QUOTE 34573 R2/20,000 COPIES) MANUFACTURING PAPER ADDITIONAL CHARGES (400 COPIES @ $1,013.59/M) ADDITIONAL PRESS CHARGES PAGES l13-240/YELLOW PAGES/EPP TO FIX PRESS DOWN-TIME FOR 5.33 HOURS PLATES(RE-MAKE) COPIES LOST(1.600X128X4 61X38.75) ADDITIONAL PREP CHARGES OUT-PUT TIME IMPOSITION FEDERAL EXPRESS FREIGHT(3RD PARTY BILLING) SETUP QUANTITY RUN/1000 17741.000 13468.000 405.440 2531.750 75.000 365.850 90.000 2.700 76.380 INVOICE TOTAL EXTENDED 17,741.00 13,468.00 405.44 2,531.75 1,200.00 365.85 180.00 345.60 76.38 $36,314.02 FRY COMMUNICATIONS, INC. 800 West Church Road, Mechanicsburg, PA 17055 Phone: (717) 766-0211 Fed. ID. 23-1885979 PLEASE PAY THIS AMOUNT FRY PU~UCATION, CATALOG AND BOOK PRINTING SPECIALISTS ALABAMA DIRECTORIES ATTN: GERRY SCREVEN 930 NOBEL ST ANNISTON, AL 36201 011206-0111 THE FINANCE CHARGE IS COMPUTED BY A PERIODIC RATE OF 1.50 %PER 30 DAYS (MINIMUM OF 50 CENTS) WHICH IS AN ANNUAL PERCENTAGE RATE OF 18.00 % APPLIED TO PAST DUE BALANCE. CUSTOMER NO. REFERENCE NO. 0031100 BE JOB NO. 3/ 5172 DATE INVOICE NO. PAGE 11/12/01 144699 TERMS NET RECEIPT IMPORTAN~ PLEASE RETURN ONE COPY WITH REMITTANCE. ANNISTON CAR PHONE DIRECTORY 592 PAGES, 22,400 COPIES UNIT DESCRIPTION t CREDIT: BINDING ON INSERTS SETUP 5800.000- QUANTITY iNVOICE TOTAL AMOUNT PAID $. RUN/lO00 EXTENDED 5,800.00- $5,800.00z FRY COMMUNICATIONS, INC. 800 West Church Road. Mecnanicsburg, PA 17055 Phone: (717) 766-0211 Fed. iD. 23~1885979 PLEASE PAY THIS AMOUNT EXHIBIT "E" FRY PUBUCATION, CATALOG AND I~,OOK PRINTING SPECIAUSTS January 14, 2002 Alabama Directories Attn: Gerry Screven 930 Nobel Street Anniston, AL 36201 Dear Mr. Screven, Please find enclosed copies of two invoices that are currently outstanding on your account. If we do not have your total payment of $78,887.72 by January 21, 2002, I will ask our attorney to act on your personal guarantee that we have on file. MR/dim Cc: William Early Enclokure Sincerely, ~ _ Mary R6berts Controller Telephone:1717) 766-0211 FRY COMMUNICATIONS, INC. 800 'A/est Church Road, Mechanicsburg, PA 17055 Toll-Free: (800) 334-1429 Fax: {717) 691-0341 Website: http://www, frycomm.com .... F.,, - -, -, *cuca ~'u"~cg~-oJJ~U'aCKI...racK<~.lml~uage=engllsh&cntry coot Related Links Ship& Track Shipments Detailed Results Tracking Number 824461972109 Reference Number Ship Date 01114/2002 Delivered To RecepUFmt desk Delivery Location ANNISTON AL Degvery Date/Time 01115/2002 09:08 Signed For By B.GUNTER Service Type Priority Letter of Delivery · Email these trac~kinq results to one or more recipients - Track More ShiomentR Email Your Detailed Tracking Results Enter your email (optional) up and c ick on Send EmaiL to three email addresses as recipients, add your message, To j To j To j Add a message to this emil. Send Email I ofl 2/1/02 3:06 P/~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaimiff, GERRY SCREVEN 1406 Lake Shore Drive Anniston, AL 36102 Defendant. No. 91- 110_.5 Civil Term certify that: CERTIFICATION OF ADDRESSES I, Mary Roberts, am the Controller for plaintiff Fry Communications, Inc., and 1. Plaintiff's address is: 800 West Church Road, Mechanicsburg, Pennsylvania 17055. 2. Anniston, Alabama 36102. The last-known address of the defendant is: 1406 Lake Shore Drive, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaintiff, V. GERRY SCREVEN 1406 Lake Shore Drive Anniston, AL 36102 Defendant. No. 0o2.1103 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF PHILADELPHIA SS. Donna L. McKillip, being duly sworn according to law, deposes and says: 1. I am the Credit Administrator for plaintiff Fry Communications, Inc., and am authorized to make this affidavit on plaintiffs behalf. 2. To the best of my knowledge, infom~ation and belief, Defendant does not serve in any branch of the armed forces of the United States Government nor any of its allies nor otherwise within the provision of the Soldiers and Sailors Civil Relief Act of 1940 and its amendments. Donna L. McKil~'rlaJ ~ Sworn to and subscribed before me thir~,q<~' day of _(-tZJ~4~r'dr.~_ ,2002. Notary Public / I I,k~ta~ s~a~ .... [ [ ~ ~ ~ ~r. ~, ~ ..1 I IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. 800 West Church Road Mechanicsburg, PA 17055 Plaintiff, Vo No. 01- 1103 Civil Term GERRY SCREVEN 1406 Lake Shore Drive Anniston, AL 36102 Defendant. AFFIDAVIT REGARDING NON-CONSUMER CREDIT TRANSACTION COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF PHILADELPHIA : Donna L. McKillip, being duly sworn according to law, deposes and says: 1. I am the Credit Administrator for plaintiff Fry Communications, Inc., and am authorized to make this affidavit on plaintiff's behalf. 2. The transactions represented by Fry's invoice numbers 142571, 144698 and 144699, attached as Exhibits "B" and "C" to the Complaint in Confession of Judgment filed in this matter, were business transactions between two corporations and were not consumer credit transactions. Donna L. McKil~ ~ Sworn to and subscribed before me this ~day of 7~ ,2002. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC. GERRY SCREVEN Plaintiff, Defendant. No. 03-115.3 Civil Term NOTICE OF JUDGMENT To: Gerry Screven, Defendant You are hereby notified that on March ,~'" , 2002, judgment by confession was emered against you in the sum of $83,779.07 in the above-captioned case. DATE: 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 2 Liberty Avenue Carlisle, PA 17013 (717)- 249-3166 I hereby certify that the following is the address of the defendants stated in the certificate of residence: Gerry Screven 1406 Lake Shore Drive Annist°n' AL 3610W Attomey for ~intiff(s) A Gerry Screven Demandado(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC., Plaintiff No. 02-1103 Civil Term VS. ALABAMA DIRECTORIES, INC., d/b/a ALABAMA DIRECT Defendant PRELIMINARY OBJECTION OBJECTION TO SERVICE Defendant, Alabama Directories, Inc., by and through its attorneys, Fred Hait & Associates, P.C., moves the Court strike off the Complaint filed in this matter for the following reasons: 1. The Complaint was never served on the Defendant. WHEREFORE, Defendant requests that the Court strike off the Complaint for failure to make proper service in a manner permitted by the Rules of Civil Procedure. Respectfully submitted, Fred Hait & Associates, P.C. The Wellington 1 7 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC., No. 02-1103 Civil Term Plaintiff ALABAMA DIRECTORIES, INC., d/b/a ALABAMA DIRECT Defendant CERTIFICATE OF SERVICE J hereby certify that, pursuant to P~l. J?. C/v. ~ 4[~10, relating fo service of papers other than original process, I served certified copies of the J~/~//m//?a/~ C)6/'ec-//~//to the complaint in this matter upon counsel of record for the Plaintiff by First Class Mail, addressed as follows: Craig W. Hillwig, Esq. Thomas O. Williams, Esq. Kohn, Swift & Graf, P.C. Reager & Adler, P.C. One South Broad 5f., Suite 2100 233 ] Market Street Philadelphia, PA 19107 Camp Hill, PA 17011 Respectfully submitted, Fred Halt & A~sociates, P.C. Attorneys for Defendant The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013_3047 (717) 249-4500 249-2411 (fax) pajoblaw~h@earthlink.net