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HomeMy WebLinkAbout02-1742COMMUNITY BANKS, Plaintiff JAMES J. TOULOUMES, and FROSO I. TOULOUMES, individually and jointly, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. OD - : : : : CIVIL ACTION-LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint as Exhibit "A" filed in this action, I appear for the Defendants and confess Judgment in favor of the Plaintiff and against the Defendants as follows: Amount Owed: Interest to 3/27/02: Interest from 3/28/02 Court Costs: Attorney's Fees: TOTAL: $15,617.06 To be dete,mined To be detemfined To be detemfined $ 3,904.27 $19,521.33 plus interest and court costs ~ Steven C. ~,o~nn'L~, ezs'qulre~ METZGER WICKERSHAM 3211 N. Front Street Box 5300 Harrisburg, PA 17110 Phone: (717) 238-8187 I.D. No. 74669 COMMUNITY BANKS, Plaintiff JAMES J. TOULOUMES, and FROSO I. TOULOUMES, individually and jointly, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, this ~_ day of March, 2002, come Plaintiff, Community Banks, by and through its attorneys, Steven C. Courtney, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and state the following cause of action and in support thereof, aver as follows: 1. Community Banks is a financial institution authorized to conduct business in the Commonwealth of Pennsylvania with an office and/or place of business located at 6700 Derry Street, Harrisburg, Dauphin County, Pennsylvania, 17111. 2. Defendant, James J. Touloumes, is an adult individual with a last known address of 451 N. 21st. Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant, Froso I. Touloumes, is an adult individual with a last known address of 451 N. 21st. Street, Camp Hill, Carlisle, Cumberland County, Pennsylvania, 17011. 4. A tree and correct copy of the instrument, Commercial Variable Rate Promissory Note, under which Plaintiff is confessing judgment against the Defendants, is attached hereto, incorporated herein and marked as Exhibit "A". 5. The balance due pursuant to the terms and conditions of the Commercial Fixed Rate Promissory Note attached hereto as Exhibit "A" less payments made by Defendants to date is Fifteen Thousand Six Hundred Seventeen and 06/100 ($15,617.06) Dollars, together with an attorney's commission of twenty-five (25%) percent of the principal amount owed being Three Thousand Nine Hundred Four and 27/100 ($3,904.27), plus interest and court costs. 6. The transaction pursuant to which Plaintiff is confessing judgment was for a commercial/business purpose and was not a consumer credit transaction. A true and correct copy of the Business Purpose Affidavit executed by Defendants is attached hereto, incorporated herein and marked as "Exhibit "B". The instrument and obligation under which judgment is being confessed has not been assigned. 8. Defendants have defaulted on their obligation to Plaintiffby failing to pay all amounts owed to Plaintiff pursuant to the terms and conditions of the Commercial Variable Rate Promissory Note attached hereto as Exhibit "A". 9. Judgment has not been entered against the Defendants in any jurisdiction for any amount under the instrument. 10. Judgment is demanded as authorized by the warrant of attorney contained in the instrument attached as Exhibit "A". 11. The warrant appearing in the attached instrument is less than twenty (20) years old. -2- WHEREFORE, Plaintiffdemands Judgmem against Defendants, James J. Touloumes and Froso I. Touloumes, individually and jointly, in the sum of Fifteen Thousand Six Hundred Sevemeen and 06/100 ($15,617.06) Dollars, together with an attorney's commission of twenty-five (25%) percent of the principal amotmt owed being Three Thousand Nine Hundred Four and 27/100 ($3,904.27), plus interest and court costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven ~m P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff -3- COMMUNITY BANKS, Plaintiff Vo JAMES J. TOULOUMES, and FROSO I. TOULOUMES, individually and jointly, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ; : ; ; : CIVIL ACTION-LAW TO: James J. Touloumes and Froso I. Touloumes, Defendants on./~n-~ ~ q, ,,~t~2,~_~ , the following (Or-d~) You are hereby notified that (t~gr~) (Judgmen0 has been entered against you in the above captioned case for your failure to file an answer to the complaint. A Judgment in the total amount of $19,521.33 plus costs an ir~rest is hereby entered. - ~ Prothono~aqz- -'~'~ I hereby certify that the name and address of the proper person(s) to receive this notice is: James J. Touloumes Froso I. Touloumes 451 N. 21st. Street 451 N. 21st. Street Camp Hill, PA 17011 Camp Hill, PA 17011 A~ James J. Touloumes and Froso I. Touloume$ Defendido/a (Defendidos/as) Por este medio se le esta notificando que el de del , el/la siguiente (Or. den) (Oeomm) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente di~eccion es la del defendido/a segun indicada en el certificado de residencia: James J. Touloumes Froso I. Touloumes 451 N. 21st. Street 451 N. 21st. Street Camp Hill, PA 17011 Camp Hill, PA 17011 BORROWER ADDRESS 328 W. Old York Road Carlisle, PA 17013 VARIABLE $20,000.00 ~%--~a~ng ~ystem ~n the restaurant know~ as "Kostas" COMMERCIAL VARIABLE RATE PROMISSORY NOTE CUSTOMER ' LOAN MATURITy OATE DATE NUMBER NUMBER 01/20/00 0i/ig/0i PROMISE TO PAY: For value received, Sorrower promises to pay to the order Of Lender the principal amounl Of TW~r~C.v~hou~&~&~CL ..... _n_o/100 Dotlars ($ 20~ 000.00 ) plus interest on the unpaid principal balance al the rate and in the manner described below, unlit ali amoun~ owing under this Note are paid in tull. AI~ amounts received by Lender shall be applied firsl to accrued, unpaid interest, then to unpaid principal, and Ihen to any late charges or expenses, or in any other order as determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: This Note has a variable interest rate leature. The inte,'est rate OR this Note may change from time to time il the Index Rate identified below changes. Interest shall be computed on the basis Of 12 eouaZ monthl~__~erioc~s par year. Interest on this Note sball be calculated and paya0te et a variable rate equal tO [ ,~Q9 .... % per annum _Qver__the Index Rate. The initial interest rate on this Nole shall be 9,5 00 % per annum, Any change in the interest tale resulting from a change in the Index Rale will be efleclive on: DATE OF CKANGE. - INDEX RATE: The Index Rate for this Note shall be: COM~ONITY BANKS, N.A. COI~MERCIAL PRIME P. ATE= THIS INDEX IS TYPICALLY EQUAL TO THE "NATIONAL PRIME RATE" AS PUBLISHED IN THE WALL STREET JOURNAL. If the Index Rale is redetined or becomes unavailable, then Lender may select another index which is s~hstantially similar. RATE LIMITATIONS: Subject to applicable law, the minimum inlerest rate on this Nole shaJl be 4_, _0 ~ % per annum, The maximum interest tale on this Note shall not exceed 2 ~. ~ 0 Q 0 % par annum, or if less, or il a maximum rale is Roi in¢licaled, the m;ximum interest rate Lender is permitted to charge by law, The maximum rate increase at any one time will be n/a %. The maximum rate decrease at any one lime will be ~/a__ % DEFAULTRATE: If there Is an Event of Default under this Note, the Lender may, in its discretion, increase the interest rate on this Note to;Rate i_D____ effect at ~e of maturitv plus two ~ere.~n~ or Ihe maximum interesl rale Lender is permihed to charge by law, whichever is ~ess. PAYMENT SCHEDULE: Sorrower shall pay the p4nblpbl and interest according to the Iollowin0 schedule: On demand, but if no demand is made, thenl 11 interest only payments beglnnin~ February 19, 2000 and con~inuin~ at monthly time intervals thereafter. A final payment Of the unpaid principal balance plus accrued interest is due and payable on January 19, 2001. PREPAYMENT; This Note may be prepaid in part Or in full on or before its rnaturily date If Ihis Note contains more than one installment, any partial prepayment will no[ at~ect the due date or the amount Of any subsequent inslallment, unless agreed ~o, in writing, by Sorrower and Lender. II this Note is prepaid in full, there will be: ~X] NO minimum finance charge or prepayment penalty [_~ A minimum linance charge ol$ [] A prepayment penally Of: LATE CHARGE: II a yment is received more then ~ 15 days late, Sorrower will be charged a tate charge Of: ~-~ % Of the unpaid amount the late payment; ~J $ 5 0 0 5.0 0 % of the unpaid amounl Of the late payment, whichever is b~a/er ~T~s. or SECURITY: To secure the payment and performance Of obligations incurred under this Nole, Borrower grams Lender a security interest in all Of Sorrower's right, title, and interest in all monies, instruments, savings, checkihg and other accounts Of Borrower excluding IRA Keogh, Irusl accounts and niter accounts subject to tax panallies if so assigned) thai are now or in the future in Lender's custody or control [--] If checl(ed, the Obligations under this Note are also secured by the cbllaleral described in any security instrumenl(s) execuled in conneclion with /his Note, and any collateral described in any other securily instrument(s) securing this Note or all of Borrower's obligations. RENEWAL: ~-*:] If checked, this Nole is a renewal, but not e satisfaction, of Loan Number WARNING: READ SEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS [X[~ IF CHECKED~ AS A MATE RIALINDUCEMENT TO LENDER TO MA,WE THE LOAN EVIDENCED BY TH~S NOTE. BORROWER ~RR EVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEYOR THE PROTHONOTARYOR CLERK OF ANY COURT IN THE COMMONWEALTHO~ PENNSYLVANIA,OR ELSEWHERE,TO APPEARAS ATTORNEYFOR BORROWERIN ANY ACTION BROUGHT BY LENDER AFTER BORROWER'SDEFAULT UNDER THIS NOTE OR ANy OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT AGAINST eORROWER FOR ALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT. AND FOR ALL ACCRUED INTERESTON THOSE AMOUNTS, COST OF SUIT, AND ATTORNEY FEES, TO~E TH ER WITH INTERESTON ANY JUDGMENT, AT THE RATE OF INTERESTSPECIFIE DIN THE NOTE AFTER DEFAULT, FROM THE ENTRY OF SUCH JUOGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUAL LY RECEIVED THiS NOTE. OR A COPY VERIFIED SY AFFIDAVIT,WILL BE A SUFFICIENT WARRANT THE AUTHORI~' GRANTS D HEREIN MAY eE EXERCISEDAS NEEDED FROM TIME TO TIME AS OFTEN AS NECESSARY UNTIL RECEIPTOF PAYMENT IN FULL OF ALL SUMS DUE THE PERSONS SIGNING BELOW ACKNOWLEDGETHAT THEY HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIONS OF THIS NOTE, INCLUDING THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COPY DP THIS NOTE BORROWER:James J Touloumes BORROWER Yroso I Touloumes -~e~-'~--~-o-u~.~ ................ ~'roso T Touloumi~s ~ BORROWER; BORROWER: (Seal) (Sea0 SORROWER: BORROWER (Seal) BORROWER BORROWER .................... BORROWER Touloumes ADDRESS 328 W. Old York Road Carlisle, PA 17013 PRINCIPAL [ NOTE MATURITYI-- $20,000.00 ...... 01/20/00 01/19/0i BUSINESS PURPOSE AFFIDAVIT Under penalty of perjury, I hereby cerllfy thai I exercise actual co~)trol over the rnanagerial decisions ~ the business enlerprise identified below and that the proceeds of a loan in the amount of $2_0 ~ 000 . 00 , evidenced by a Prolnissory Note dated ~anuar¥ 20. 2000 wi!l be used in the ordinary course ol the opera~io¢'~s o~ that business enterprise Ior the following business purposes: R~eo_~ ace HEating._ _~y~_t e_m_ BORROWER James J Touloumes BORROWER: SORROWER Froso 'I Touloumes BORROWER (seat)_ ...... __ {seal) SORROWER 8ORROWER BORROWER 80RROWER COMMONWEALTH OF PENNSYLVANIA : COUNTY OF . SS On this, the ........... day of ................ belore me, the undersigned officer, personally appeared ............................................ known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acAnowledged that he/she execuled the sauna lot the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and olficial seal. My Commission Expires: Tille of Officer COMMONWEALTH OF PENNSYLVANIA : COUN9 Y (DF , SS On the day of and County aforesaid, personally appeared of a so, executed the Ioregotng instrument lot the purposed therein contained by signing Ihe name by himsell/hersel~ as such officer and desired ~hat the same might be recorded as such WITNESSmy hand and seal Ihe day and year aforesaid, before me, lhe subscriber, a Notary Public in ar~ lot the Commonwealth , who acknowledged himself/herself' to be a/the , and that he/she, as such officer, being authorized to 0o Notary Public My commission expires: COMMUNITY BANKS, Plaimiff V. i JAMES J. TOULOUMES and : FROSO I. TOULOUMES, : Individually and Jointly, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1742 CIVIL ACTION - LAW PROOF OF SERVICE BY MAIL I, Steven C. Courtney, Esquire, do hereby certify that on April 11, 2002, a copy of the Notice of Judgment and Execution required by Rule 2958.1 was received by the following persons by certified mail, as is evidenced by the Certified Mail Return Receipt Card attached hereto as Exhibit "A." Froso I. Touloumes 451 N. 21st Street Camp Hill, PA 17011 James Touloumes 451 N. 21st Street Camp Hill, PA 17011 Respectfully submitted, METZGER, WICKERS~AM, KNAUSS & ERB, P.C. / 3~'tq N. FfiO,~t ~tr~ oxs3o H isb} 'A 17110 (717) 2~-8187 I.D. g 74669 A~omey for Pl~ntiff Document #: 204237,1 LARMORE, SCARLETT, MYERS & TEMPLE BY: L. Peter Temple, Esquire P.O. Box 384 Kennett Square, PA 19348 (610) 444-3737 Attorneys for: Appellant Attorney I.D. No. 17573 Key Real Estate, LLC 701 East Baltimore Pike, Suite A-2 Kennett Square, PA 19348 Appellant, Borough of Carlisle Zoning Hearing Board 53 West South Street Carlisle, PA 17013 Appellee. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. CERTIFICATE OF SERVICE This is to certify that a tree and correct copy of the entry of appearance, and notice of land use appeal filed in the above-captioned matter was served upon the following persons by first-class U.S. mail, postage prepaid on April 11, 2002. Dylan Painter Dayton, Esquire Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 COMMUNITY BANKS, Plaintiff JAMES J. TOULOUMES and FROSO I. TOULOUMES, Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1742 CIVIL ACTION - LAW PRAECIPE TO STRIKE JUDGMENT TO THE PROTHONOTARY: Kindly strike the Judgment entered against James J. Touloumes and Froso I. Touloumes in the above captioned matter. The Judgments were entered after the filing ora Chapter 13 Bankruptcy Petition by James J. Touloumes on April 3, 2002. The docket number of Mr. Touloumes Bankruptcy Petition is 1-02-01793. METZGER WICKERSHAM 3211 N. Front Street Box 5300 Harrisburg, PA 17110 (717) 238-8187 I.D. No. 38901 Attorney for Plaintiff 5uly 22, 2002, Document It: 233563.1 Jud~nent Stricken.