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HomeMy WebLinkAbout06-3270David J. Lanza 1.15. No. 55782 2157 Market Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 TURRI ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. Qlp ' 3070 Cod CIVIL ACTION - LAW CALABRESE & SONS, INC. Defendant CONFESSION OF JUDGMENT FOR MONEYDAMAGES Pursuant to the Authority contained in the Wan-ant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant, Calabrese & Sons, Inc., and confess judgment in favor of Plaintiff and against the Defendant in the amount of $34,658.17. Respectfully submitted, 175-2 By: 0 If ?" David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff David J. Lanza I.I'. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 TURRI ASSOCIATES, INC., Plaintiff V. CALABRESE & SONS, INC Defendant CIVIL ACTION - LAW COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b) FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES AND NOW, this a day of June 2006, comes the Plaintiff, Turri Associates, Inc., by and through its undersigned attorney, David J. Lanza, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, Tum Associates, Inc., is a Pennsylvania Corporation with an address at 327 West Allen Street, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Calabrese and Sons, Inc., is a business entity of undetermined nature with a place of business at 406 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff is the holder of a Promissory Note executed by Defendant, by which Defendant promised to pay to Plaintiff the sum of $34,658.17, a true and correct copy of which is attached hereto as Exhibit "A." 4. 5. 6. Note. Said Promissory Note has not been assigned by Plaintiff. No judgment on the Promissory Note has been entered in any jurisdiction. No default or demand is required in order to enter judgment on the aforesaid Promissory Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 7. The instrument attached as Exhibit "A" was not executed in connection with a consumer credit transaction and does not involve a natural person. 8. Defendant has failed to pay the principal balance or any portion thereof. 9. There is justly due and owing to the Plaintiff from the Defendant on account of the aforesaid Promissory Note the sum of Thirty Four thousand six hundred fifty eight and 17/100 Dollars ($ 34,658.17). Wherefore, Plaintiff demands judgment against Defendant Calabrese and Sons, Inc. in the amount of $34,658.17 plus costs and interest from June 8, 2006. Respectfully subm'tted, By: L David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 1]5.2 VERIFICATION I, Joseph Turri, Sr., President, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date: 49 - 9 -Z?? By PROMISSORY NOTE $34,658.17 Dated W I 2006 Mechanics u .-Pennsyly nia For value received and intending to be legally bound, CALABRESE & SONS, INC., a Pennsylvania Corporation, having a place of business at 406 Brandy Lane, Mechanicsburg, Pennsylvania, 17055 ("Maker"), promises to pay to the order of Turri Associates, Inc., t/d/b/a Advanced Coating Technology, a Pennsylvania Corporation, at 327 West Allen Street, Mechanicsburg, PA 17055 (hereinafter called "Payee") or such other place as Payee may designate in writing, the principal sum of Thirty Four Thousand Six Hundred Fifty - Eight Dollars and Seventeen Cents ($34,658.17) lawful money of the United States of America together with interest on the outstanding principal balance hereof as set forth below. The consideration for this Note is the past and present performance of industrial services and extensions of credit by Payee. This Promissory Note shall be payable on demand. The Applicable Rate of Interest shall be fixed at six (6.00%) percent per annum. Maker's failure to pay principal and interest on demand shall constitute an "Event of Default'under this Note. At any time after occurrence of an Event of Default, Payee may, at Payee's option and without notice or demand, exercise anyother right or remedy as may be provided in this Note or provided at law or in equity. An Event of Default is not necessary for the entry of judgment by complaint and confession as set forth below. Payment of all or any part of the Indebtedness (as defined below) may be recovered at anytime by any one or more of the foregoing remedies. In any action under this Note, Payee may recover all costs of suit and other expenses in connection with the action, including the cost of any title search and reasonable attorneys fees, paid or incurred by Payee. The rights and remedies provided to Payee in this Note, including all warrants of attorney, (a) are not exclusive and are in addition to any other rights and remedies Payee may have at law or in equity, (b) shall be cumulative and concurrent, (c) may be pursued singly, successively or together against Maker, and/or any security at the sole discretion of Payee, and (d) may be exercised as often as occasion therefor shall arise. The failure to exercise or delay in exercising any such right or remedy shall not be construed as a waiver or release thereof. Maker hereby waives and releases Payee and its attorneys from all errors, defects and imperfections (of a procedural nature) in any proceeding instituted or maintained by Payee under this Note or any other Loan Document. Maker hereby, to the extent not prohibited by law, waives all benefit of any and all present and future statutes of limitations and moratorium laws and any and all present and future laws which (a) exempt all or any part of any real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure or sale under execution, (b) provide for any stay of execution, marshaling of assets, exemption from civil process, redemption, extension of time for payment, or valuation or appraisement of any real or personal property, or (c) conflict with any provision of this Note. Maker agrees that any real or personal property may be sold to satisfy any judgment entered under this Note in whole or in part and in any order as may be desired by Payee. Maker and all endorsers, sureties and guarantors, jointly and severally: (a) waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, -1- and all other notices (not expressly provided for in this Note) in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note; (b) agree that the liability of each of them shall be unconditional without regard to the liability of any other party and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted "or consented to by Payee at any time; (c) consent to any and all indulgences, extensions of time, renewals, waivers or modifications granted or consented to by Payee at any time; (d) consent to the release of all or any part of or interest in any collateral, with or without substitution; and.(e) agree that additional makers, endorsers, guarantors or sureties may become parties to this Note without notice to them or affecting their liability under this Note. Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee. Such a written waiver signed by Payee shall waive Payee's rights and remedies only to the extent specifically stated in such written waiver. A waiver as to one or more particular events or defaults shall not be construed as continuing or as a bar to or waiver of any right or remedy as to another or subsequent event or default. Maker shall pay the cost of any revenue, tax or other stamps now or hereafter required by law to be affixed to this Note. Maker shall pay any and all taxes imposed upon Payee by reason of this Note or the ownership or possession of this Note, including personal property taxes, but excluding any franchise or capital stock taxes, bank shares taxes, or income taxes imposed by reason of interest received by Payee under this Note, and shall reimburse Payee for the amount any such taxes paid by Payee. If Maker fails or refuses or is not legally permitted to make such payment or reimbursement, Payee, may, at its option, declare the Indebtedness to be immediately due and payable, whereupon Maker shall immediately pay such principal and other sums to Payee. , Payee shall not be construed for any purpose to be a partner, joint venturer or associate of Maker or of any lessee, operator, concessionaire or licensee of Maker by reason of this Note or of any action by Payee pursuant to any provision of this Note. Time is of the essence of each and every provision of this Note. The words "Payee" and "Maker" shall include the respective heirs, distributees, personal representatives, successors and assigns of Payee and Maker, respectively. The provisions of this Note shall bind and inure to the benefit of Payee and Maker and their respective heirs, distributees, personal representatives, successors and assigns provided that the provisions of this paragraph are subject to all the other provisions of this Note, including the above due-on-sale clause. If there is more than one Maker, the liability of each shall be joint and several. As to all pronouns and other terms in this Note, the singular shall include the plural and vice versa and any gender shall include the other two genders, as the context may require. This Note may be modified, amended, discharged or waived only by an agreement in writing signed by the party against whom enforcement of any such modification, amendment, discharge or waiver is sought. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. All notices, requests, demands and other communications given pursuant to any provision of this Note shall be given in writing by U.S. certified or registered mail with return receipt requested and postage prepaid, or by any 24-hour courier service with proof of delivery, addressed to the party for which it is intended at the address of that party first stated above or such other address of which that party shall have given notice in the manner -2- provided herein. Any such mail notice shall be deemed to have been given when the notice is deposited in the mail. Any such courier notice shall be deemed to have been given on the following business day. Maker hereby irrevocably authorizes and empowers any attorney or attorneys or the prothonotary or clerk of any court of record in the Commonwealth of Pennsylvania, or in any other jurisdiction which permits the entry of judgment by confession, to appear, with or without default or advance notice, for the maker in such court in an appropriate. action there brought or to be brought against maker at the suit of payee on this note, with or without complaint or declaration filed, as of any term or time, and therein to confess or enter judgment against maker for all sums due by maker to payee under this note and the other loan documents (with or without acceleration of maturity), including all costs and reasonable attomeys' fees. For so doing this note or a copy hereof verified by affidavit shall be a sufficient warrant. The authority to confessjudgment granted herein shall not be exhausted by any exercise thereof but may be exercised from time to time and at any time as of any term and for any amount authorized herein. Maker expressly authorizes the entry of repeated judgments under this paragraph notwithstanding any prior entry of judgment in the same or any other court for the same obligation or any partthereof. Payee may enter judgment by complaint and confession of judgment with or without default or notice in order to secure payment of the obligations contained herein. Maker acknowledges that it understands this provision for confession of judgment, and maker waives any right to notice or a hearing that it might otherwise have before entry of judgment. IN WITNESS WHEREOF, Maker has executed this Note under seal the /k7" day of May 2006. ATTEST: I M2 MAKER: CALABRESE & SONS, INC. By: Its % et E S -3- r k-A ? r N l? David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 TURRI ASSOCIATES, INC., Plaintiff V. CALABRESE & SONS, INC. Defendant TO: Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, Pennsylvania 17055 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. -3 CIVIL ACTION - LAW You are hereby notified that on 2006, judgment by confession was entered against you in the sum of $34,658.17 in the abo -captivE oned case. DATE: Io '155 'O(y (216s' - r-o onotary 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 I hereby certify that the following is the address of the Defendants stated in the certificate of residence: Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, Pennsylvania 17055 Attorney for Plaintiff David J. Lanza I.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 737-3775 TURRI ASSOCIATES, INC., Plaintiff V. CALABRESE & SONS, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 -3a?o C&,tiP CIVIL ACTION - LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Calabrese & Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 A judgment in the amount of $34,658.17 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 W/Z David J. Lanza y? w co ...7{ y1' e cr; TURRI ASSOCIATES, INC., Plaintiff, V. CALABRESE & SONS, INC., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-3270 PRAECIPE Please mark the judgment in the above-captioned case satisfied. Date: 71 ?- to --) LAW OFFICES OF D VID J. LANZA By: David J. Lanza, Esquire Attorney I.D. No. `) It t 356 North 21" Street Camp Hill, PA 17011 Attorney for Plaintiff F \FILESTlienu\11093\11093.5.pral C? C- 0 n cn -"C3 Ct?E T- 'JM L N