HomeMy WebLinkAbout06-5265
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INTEGRITY BANK,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 0(. -~J.'-S C'U\'ll~
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Note attached as Exhibit A in the Complaint
filed in the above captioned case we appear for Louise S. Pletcher and confess judgment in favor
of Integrity Bank against her as follows:
Principal:
Accrued Interest:
Attorney Fees:
Total:
$64,000.00
316.89
6.400.00
$70,716.89*
*along with additional interest after September 7, 2006
accruing at the per diem rate of $13.78 and court costs
until paid in full.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By
Date: September 7, 2006
~
Clayt W. D ldson, Esquire
I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000 (Phone)
(717) 237-5300 (Fax)
cdavidsonla),mwn.com
Attorneys for Integrity Bank
~.
~
Clayton W. Davidson, Esquire
I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000 (Phone)
(717) 237-5300 (Fax)
cdavidson(iiJ,mwn.com
Attorneys for Integrity Bank
INTEGRITY BANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 6(. - SJI.S CC u ~ l '--r ~'4
v.
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LA W
COMPLAINT FOR CONFESSION OF JUDGMENT
Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for
Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the
following:
1. Plaintiff Integrity Bank ("Lender") is a Pennsylvania banking institution having
an address at 3345 Market Street, Camp Hill, Pennsylvania, 17011.
"...
2 Defendant Louise S. Pletcher is an adult individual residing at 1820 Town Hill
Road, South Middleton Township, Cumberland County, Pennsylvania, 17372.
3. On June 15, 2006, Lender made a loan to Marling A. Pletcher ("Mr. Pletcher")
and Defendant, husband and wife, (jointly, the "Borrowers") in the original principal amount of
$64,000 (the "Loan") for a business purpose as evidenced by a promissory note (the "Note")
dated June 15, 2006 and executed by Defendant and Mr. Pletcher. Attached hereto as Exhibit A
and incorporated herein by reference is a true and correct copy of the Note.
4. Mr. Pletcher died on September 3, 2006.
5. The Note provides that Lender may confess judgment against Borrowers for any
defaults thereunder.
6. Defendant has defaulted under the Note as a result of: (a) the death of Mr.
Pletcher, (b) a material adverse change in the Borrowers' financial condition resulting from the
death of Mr. Pletcher and the loss of his income and (c) Lender's belief that the prospect of
payment or performance under the Note is impaired as a result of the death of Mr. Pletcher.
7. The total sums due and owing under the Note as of September 6, 2006 are itemized as
follows:
Principal:
Accrued Interest:
Attorney Fees:
Total:
$64,000.00
316.89
6.400.00
$70,716.89*
*along with additional interest after September 7, 2006
accruing at the per diem rate of $13.78 and court costs
until paid in full.
8. All conditions precedent have been satisfied to allow Lender to
confess judgment against Defendant under the Note.
_....-_A
9. Judgment is being entered by confession against Defendant simultaneously in
Cumberland County and Perry County under the Note.
10. Plaintiff is the holder of the Note.
11. The Note was executed and delivered in connection with a business transaction
and judgment is not being entered by confession against a natural person in connection with a
consumer credit transaction.
WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by
confession against Louise A. Pletcher in the amount of$70,716.89, along with additional interest
accruing after September 7, 2006 at the per diem rate of $13.78 and court costs until paid in full.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
Date: September 7, 2006
By
L-
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CIa on W. vidson, Esquire
I.D. No. 791
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000 (Phone)
(717) 237-5300 (Fax)
cdavidson(Q),mwn.com
Attorneys for Integrity Bank
VERIFICATION
I, Carlton A. Klinger, Executive Vice President of Integrity Bank, verify that I am
authorized to make this verification on behalf of Integrity Bank, and that the facts
contained in the foregoing Complaint for Confession of Judgment arc true and correct to
the best of my knowledge, information and belief and that the same are made subject to
the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities.
~tI ~~
Carlton A. Klinger
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Sib"-; ~i+- A-
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PROMISSORY NOTE
References in the shaded area are for Lender'. use only and do not limit the applicability of this documant to any pa
Any Item ebove contalnin 0* UM has been omitted due to text len th limitations,
MARUNG A PLETCHER (SBN: 212-20-0812)
LOUISE S PLETCHER (SSN: 211.26.0942)
1820 TOWN HILL ROAD
YORI( SPRINGS, PA 17372
lender:
InteGl'lty Blnk
3345 Marlcet Streat
Camp till. PA 17011
(717) 920-4800
Principal Amount: $64,000.00 Inten..t Rate: 7.750% Date of Note: June 15, 2006
PROMISE TO PAY. MARLING A PLETCHER and LOUISE S PLETCHER ("lIQrrow.,") Jointly and severally promlH to pay to Integrtty Bank
("LenderW), or order, In lawful money of the United ~ of AmarlOll, the principal 8IIlount of Sixty-foUr Thousand & 00/100 Dollars
($64,000.00). togethar with Inter.st at the rate of 7.750% per annum on the unpaid principal balance from June 16,2006, until paid In tuU.
PAYMENT. Borrow.r will pay thlaloan In Dna principal pa~nt of $84,000.00 plus Interest on June 115, 2007. Thla payment due on June 1S,
2007, will be for all prinolpafand 11II accrued Intarest not yet paid. /n adcllllon. Borrower wUl pay regular monthly PB'/IIll!nb of II111CCRlad unpaid
interest due.. of each peyment date, bevlnnlng July 15, 2006, with aD subsequent Interest poymontl to be due on the ..me day of each
month after that. Unle.. otherw1se IIgreed or required by appflcabkt law, peymente will be applled flrat to IIny _ulld unpaid Itrterest; the,n to
prlnclplll; thBl to eny unpaid collection C05t1; end then to IIny lete chlrg... The 1II1nullllnterest rate for this Note II computed on a 3651360
bll.I.; \hit Is, by IIpplylng the retlo of the annuallnterut rate over II year at 360 daYI. multiplied by the outltandlng prlnerp.t belanee, multiplied
by thl .ctull number of daya thtf princIpal balanoll Is outstanding. Borrower wDI pay Lender at Lender', address _hown ebove or at such other
plllce as Lender II1llY design.. In wrtdng,
PREPAYMENT. Borrower agrees that all loan feBs and other prepllid finance charges are earned fully as of the date of the loan and will not be
subject to refund upon early payment (whether voluntary or II. 8 result of default), exoept 8S otherwise required by law. Except for the
foregoing, Borrower may pay without penelty all Or 8 portion of the emount owed earlier than It Is dua, Early payments will not, unless agreod
to by Lender in writing, relieve Borrower of Borrower's obllglltlon to continue to make payments under the PllYment schlldule, Rather, early
paymenta wlll reduce the principal beh,lnca due. Borrower agree. not to send Lender paymenta marked .pald In full., "without recourse", or
slmllsr language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rigl1ts under this Note, and Borrower
wJl/ remain obligated to pay any further amount owed to Lender. All written communlcations concerning disputod lImoun18, Including illY check
or other payment Instrument that Indicates that the payment conetitutes .payment in f\.lll. of the lImount owed or thst Is tendered with other
conditions or limitations or es f\.lll satisfaction of a d1aputod IImount must be mailed or delivered to: Integrity Benk, 3314 Market Straet Camp
Hili, PA 17011.
LATE CHARGE. If a payment is 10 days or more late, Borrower wDl be chargod &.000% of the regulllrly scheduled payment or $10.00,
whichever .. greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, L.ender, ot It. option, may, if permitted under appIiceble
law, increase the interest rate on this Note 5.000 percentage points, The Intereat 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 efter Judgment at the existing
inte.rest rete provided for In this Note.
DEFAULT. Each of the following shall constitute en event of default ("Event of Default") under this Note:
Payment Defeult. Borrower fails to make any peyment when due under this Nota.
Other Defaulta, Borrower foils to comply with or to perform any other term, obligation, covenant or condition contained in thia Note or in
eny of the related documents or to comply with or to perform any term, obligation, covenant or condition contllined in any other 8lJreement
between Lender and Borrower,
Default in Favor of Third Partie.. Borrower or any Grantor defeultB under any loan, extension of credit, security agreement, purChase or
sales sgreement, or any other agreement, In favor of any other creditor ,or person that may msterially affect eny of Borrower'. property or
Borrower's ability to repay thle Note or perform Borrower's obligations under this Note or any of the related documents.
Fals. Statemente. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under thilS
Nota or the related documents is false or mlslellding in any materilll respect, either now or at the time made or flM'nished or becorn,s felee
or misleading at any time thereafter.
D..th or Inlo/veney. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency
of Borrower, the appointment of a receiver for eny port of Borrower's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding undar eny bllnkruptcy or insolvency laws by or against Borrower. .
Credttor or Forfeltwe Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self-help,
tapossanion or any other method" by any creditor of Borrower or by any governmental agency agalnat any collateral securing the loan.
This includ811 a garnishmElnt of any of Borrower'a accounts, including deposit acoounts, with Lender, However, this Event of Default shall
not apply if there is a good faith dispute by Borrower as to the vslldlty or reuonllb/eness of the claim which i. the basie of the creditor or
forfeiture proceding and if Borrower give, Lender written notice of tha oreditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding, In an smO\.lnt dstermlned by Lender, in ita sole dillcretlon, as being an adequlltll
reserve or bond for the dlsplJte,
Eventa Affecting Guarantor. Any of the preceding events occur, with reapect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guaral11or, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or
dlsplJtes the validity of, or liability under, any gueranty of the indebtedneaa evidenced by this Note. In tha event of a death, Lender, et its
option, may, but shall not be required to, permit the guarantor's eatatll to IIssume unconditionally the obllgstions erlsing under the gUllranty
In II menner 'atlsfactory to Lender, end, in doing 80, cure any Event of Default,
Advarllll Change. A materittl adverse change ocours in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Nota Is impaired.
InlJleurlty, Lender in good faith believes itself insecure.
Cur. Provislona. If any default, other than II default In payment is c\.lrllble and if Borrower has not been given a notice of a breach of the
aeme provision of this Note within the preceding twelve (12) months, It mey be cured If Borrower, lifter receiving written notice from
Lender demanding oure of such default: (1) cures the defeult within ten (10) deys; or (2) if the o\.lre requlree more than ten (10) days,
.
Loan No: 1500142750
PROMISSORY NOTE
(Continued)
Page 2
immediately inltlatel stePI which Lender deems In lender's sole discretion to be sufficient to cure the defBUlt and thereafter continues end
completes all re8soneble and neoessary staps sufficient to produce compliance 81 soon as reasonably practical,
LENPeR'S RIGHTS. Upon def.uIt, Lender may, after giving such notices as required by applicable law, declare the entire unpaid prinolpal
balanc:e on this Note and ell eccrued unpeid inter&8t immediately due, end then Borrower wlil pay that emount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pey someone elsa to hl!llp collect this Note if Borrower does not pay. Borrower will pay
Lender that smount. This includes, subject to any limits under applicable I"w, I.ender's attorneys' fees end Lender's legel expenses, whether or
.oot there is a lawsuit, including attorneys' fees, expenses for bankruPtcy proceedings !including effortll to modify or vacate sny automatic &tay
or Injunctlont, l!nd appeals. If not prohibited by applicable law, Borrower also will pay eny court costs, In 8dditlon to all other sums provided by
law.
JURY WAIVER. Lender end Borrower t1.,.by _Ive the right to any Jury ~Iln any lIotlon, proceeding, or counterolalm brought by either Lendar
or Borrower lI1PIlnlt the other. .
GOVERNING LAW. This Note will be governed bV federal law eppRcable to Lender end, to the extent not preempted by fedet'al law, the laws of
tha Commonwe.1th of Pennsylvllnla without regard to ita confUcts of law provlelons. This Note has been ac~pted by Lender In the
Commonw..lth of Pennsylvania. .
CHOICE OF .VENUf. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdlotlon of the courts of Cumberland
County, Commonwealth of Pennsylvania.
OISHONOREO ITEM FEE. Borrower will pay II fee to 1.eoditr of $10.00 If Borrower makes a payment on Borrower's loan and the oheck or
preauthorlzed charge with whioh Borrower paya Is later dishonored.
RIGHT OF SETOFF. To the extent permitted by epplicable law, Lender reserves a right of setoff in all Borrower's IIcoountll with Lender (whether
checking, savIngs, or Bome other account). This includes all acoounts Borrower hold. Jointly wlth 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
11Iw. Borrower authorizes Lender, to the extent permitted by IIpplicable law, 'to cherge or .etoff an lums owing on the Indebtedness against anv
and all such acoounts.
COLL"'T~L. Borrower ecknowl&dges this Note is secured by A finJt mortgage lien on the p(operty located at 92 Smith Road, Adams County,
York Springs, Pennsylvania 17372.
PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW
REQUIRES ALL FINANCIAL INSTITUTIONS .TO OBTAIN. VERIFY, AND RECORD INFORMATION THAT IDENTIfiES EACH PERSON WHO OPENS
AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE
WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORM"TJON THAT WILL "lLOW US TO IDENTIFY YOU. WE MAY
ALSO ASK TO SEE YOUR DRIveR'S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
CROSS COLLATERALIZED/CROSS DEFAULT. This loan also secures payment and performanoe of all other loans to Borrower or any guarantor.
The word "Guarentor' means any guarantor, surety or IIccom()ndation party of any or all of the Loan.
SUCCESSOR INTERESTS. The terms Df thi. 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 SUCChsors and 8ssigns.
GENERAL PROVISIONS. Lender may deley or forgo enforcing any of its rights 01' remedies under this Note without losing them. Each Borrower
underatands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (e) make ona or more
additional secured or unaecured Ioana or otherwise axtend additional credit; (bl alter, compromla8. renew, extend, ec;celefate, or otherwise
ohange one or more times the time for payment or other terme of any indebtednllSS, Including increaa.. and decreases of the rate of interest on
the indebtedness; Ic) exchange, enforce, welve, subordinate, fail or decide not to perfe<;t, and release any security, with or wlthout the
substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any
non-judicial sale permitted by the terme of the controlrlng 88GUrity agreements, 88 Lender In Its discretion may determine; 'e) rel88s8, eubstitute,
agree not to sue, or deal with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or in eny maMar Lender may
choosei and If) determine how, when and whet epplioation of payments and credits shall be made on any other indebtednass owing by such
other Borr~wer. Borrower lInd any other persoo who signs, guarantees Of endorses this Note, to the extent allowed by law, waive presentment,
demand for payment, and notice of d14honor. Upon any ctlange in the terms of this Note, and unless otherwise expreaaly stated in writing, no
party who signs this Nate, whether as maker. guarantor, accommodatiilO maker or el'ldorser, shall be r.laaeed from liability. An such partie.
agree that Lander may renew or extend (repeatedly and for any length of time! this lOin or release any party or guarantor or oollaterel; or Impair,
fall to 19s1li:8 upon or perfect Londor's security interest In the collateral; and take any other action deemed necessary by Lender without the
conaent l)f or notice to anyone. All such parties also agree that Lender May modify this loen without the consent of or notioe to "nyone other
than the party wl~ whom the modifil:ation . made. The obligations under this Note are joint and several. If any portion of this Note is for any
reS80n determined to be unanforceable, It will not affect the enforceability of any other provisions of this Note.
CONFeSSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR Cl.ERK OF ANY COURT IN THE: COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHI;:RE, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WlTHOU'T COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FoR niE ENTIRE pRINCIPAL BALANCE OF THIS NOTE ANP All ACCRU'ED INTEREST, LAn: CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR AOVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, AND AN A nORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT 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 TIME TO TIME AND AT ALl TIMES UNTIL PAYMtNT IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. B'oRROweR HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE oFi,ie 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 INDEPENDENT LEGAL COUNSEL. ..
...."1
Loan No: 1600142750
PROMISSORY NOTE
(Continued)
Page 3
PRIOR TO SlGNING THIS NOTE. EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER
AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPI.ETED COPY OF THIS PROMISSORY NOTE. '
nuS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOmlS AND SHALL CON STJTUTE A~~ THIL'jeT jO~ A ;,
SEALED INSTRUMENT ACCORDING TO LAW. ' ~ ~f \-. -' ,!~ \ '/ ' j i
BORROWER, J U ,U ) <J CJ L
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MAR
LENDER:
INTEGRITY BANK
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INTEGRITY BANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 0(. --S'2~~ CI'o~'L'~
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
I hereby certify that Louise S. Pletcher resides at 1820 Town Hill Road, York Springs,
Pennsylvania 17372.
McNEES WALLACE & NURICK LLC
Date: September 7, 2006
By
Clay to W. Da
I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000 (Phone)
(717) 237-5300 (Fax)
cdavidson(tV,mwn.com
Attorneys for Integrity Bank
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. Dl. -S-.u~ Cto~t~lCIz-~
INTEGRITY BANK,
Plaintiff,
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LAW
AFFIDAVIT OF NON-MIL IT ARY SERVICE
AND LAST -KNOWN ADDRESSES
OF LOUISE S. PLETCHER
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF DAUPHIN
The undersigned, being duly sworn according to law, deposes and says that to the best of
my information and belief, Louise S. Pletcher is not in the Military or Naval Service of the
United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief
Act, flkla the Soldier's and Sailor's Civil Relief Act of 1940,50 U.S.C. App. 501, et seq. Louise
S. Pletcher is over eighteen (18) years of age and was last known residing at 1820 Town Hill
Road, York Springs, Pennsylvania 17372.
SWORN and subscribed to
before me this 7th day
6Z.eptember, 2006.
It. y[ 13tlAi~
Notary Public
My Commission Expires
(SEAL)
rn OF PENNS ~
Notarial Seal
Lisa R. Barker, Notary Public
CIty of Harrlsbu~, Dauphin County
My Commission Expires Nov. 5, 2008
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INTEGRITY BANK,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01- -~:l.1.S C;U~ L't-ee-"'1.
LOUISE S. PLETCHER,
Defendant
CNILACTION - LAW
NOTICE OF ENTRY OF JUDGMENT
TO: Louise S. Pletcher
1820 Town Hill Road
York Springs, PA 17372
You are hereby notified that on~, 2006, a judgment by confession was
entered against you in the above-captioned case in favor of Integrity Bank as follows:
Principal:
Accrued Interest:
Attorney Fees:
Total:
$64,000.00
316.89
6.400.00
$70,716.89*
*along with additional interest after September 7, 2006
accruing at the per diem rate of $13.78 and court costs
until paid in full.
DATE:
q/P/Ob
I f
--
Clayton W. Davidson, Esquire
I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000 (phone)
(717) 237-5300 (Fax)
cdavidson(tV,mwn.com
Attorneys for Integrity Bank
INTEGRITY BANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 06-5265 Civil Term
LOUISE S. PLETCHER,
Defendant
CNIL ACTION - LAW
PRAECIPE TO ATTACH VERIFICATION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please attach the original verification attached hereto as Exhibit A signed by Carlton A. Klinger
on behalf of Integrity Bank to the complaint filed on September 8, 2006.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
Date: September 18, 2006
By
CIa on W. avidson, Esquire
I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000 (Phone)
(717) 237-5300 (Fax)
cdavidson@mwn.com
Attorneys for Integrity Bank
." -
VERIFICATION
I, Carlton A. Klinger, Executive Vice President of Integrity Bank, verify that I am
authorized to make this verification on behalf of Integrity Bank, and that the facts
contained in the foregoing Complaint for Confession of Judgment are true and correct to
the best of my knowledge, information and belief and that the same are made subject to
the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities.
~vI~
Carlton A. Klinger
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INTEGRITY BANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 06-5265 Civil Term
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LAW
RETURN OF SERVICE REGARDING NOTICE UNDER
Pa.R.Civ.P. 2958.1 OF JUDGMENT AND EXECUTION THEREON
Plaintiff, Integrity Bank, files this Return of Service in accordance with Pa. R.
Civ. P. 2958.1(c) and hereby swears and affirms that Defendant, Louise S. Pletcher, was
served with (a) Notice of Entry of Judgment pursuant to Pa.R.C.P. No. 236, (b) Notice
required by 42 Pa.C.S.A. S2737.1 and (c) Notice under PA Rule Civil Procedure 2958.1
by Certified Mail- Restricted Delivery on September 19,2006,2006, at 1820 Town Hill
Road, York Springs, PA 17372 as provided by Pa.R.Civ.P. 403, as is evidenced by a true
and correct copy of the Certified Mail card signed by Louise E. Pletcher.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
Date: September 25, 2006 By
CIa on W. Davidson
Attorney LD. 79139
100 Pine Street
P.O. Box 1166
Harrisburg, P A 17108-1166
cdavidson@mwn.com
Phone: (717) 232-8000
Attorney for Integrity Bank
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Louise S. Pletcher
1820 Town Hill Road
York Springs, PA 17372
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21328-0077
225 - Davidson
IPS Form 3811, January 2005
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Domestic Return Receipt.
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Marc A. Scaringi, Esquire
Supreme Court ill No. 88346
Scaringi & Scaringi, P.C.
2000 Linglestown Road, Suite 103
Harrisburg, PAl 7110
717-657-7770
717-657-7797 (f)
marc@scaringilaw.com
Attorney for Louise S. Pletcher
INTEGRITY BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 06-5265 Civil Term
LOUISE S. PLETCHER,
Defendant
: CIVIL ACTION-LAW
PETITION FOR RULE TO SHOW CAUSE
WHY THE JUDGMENT BY CONFESSION SHOULD NOT BE
STRICKEN/ OPENED/ MODIFIED
AND NOW, comes the Defendant, Louise S. Pletcher, by and through her
attorney, Marc A. Scaringi ofScaringi & Scaringi, P.C., who petitions the Court as
follows:
1. On or about September 8, 2006, the Plaintiff entered judgment by
confession against the Defendant in the amount of$70,716.89 by filing a Notice of Entry
of Judgment with the Cumberland County Prothonotary.
2. Also, on or about September 8, 2006, Plaintiff filed in this Honorable
Court a Complaint for Confession of Judgment requesting entry of judgment against
Defendant in the amount of$70,716.89, along with additional interest accruing after
September 7, 2006 at the per diem rate of$13.78 and Court costs until paid in full.
3. Plaintiff enters judgment pursuant to a confession of judgment paragraph
set forth in a Note signed by Defendant and her husband, Marling A. Pletcher on or about
June 15, 2006.
4. Pursuant to the Note, Defendant and her husband Marling A. Pletcher
borrowed the principal amount of $64,000 under an agreement whereby they would pay
to Plaintiff said principal amount plus unpaid accrued interest at the rate of7.75% per
annum on or about June 15,2007. Borrower agreed to pay regular monthly payments of
all accrued interest from July 15,2006 to June 15,2007.
5. Plaintiff files the Complaint to enter judgment by confession because
Plaintiff alleges Defendant is in default of the underlying Note for the reasons set forth in
the Complaint, all of which according to Plaintiff arise from the death of Defendant's
husband, Marling A. Pletcher.
6. Defendant avers Marling A. Pletcher died on September 3, 2006.
7. Within days of the death of Marling A. Pletcher, Plaintiff sent Defendant a
notice that it had entered judgment by confession and filed within Complaint against
Defendant.
8. Plaintiff took these actions against Defendant even though Defendant was
current on the installment payment agreement set forth in the Note and the loan is not due
until June 15,2007.
9. Plaintiff did not ask Defendant to pay the loan in full prior to entering
judgment and filing the within Complaint.
10. Instead, Plaintiff entered judgment and filed the within Complaint in
which it is requesting the Defendant pay the principal amount owed of $64,000, plus
2
$316.89 in accrued interest, plus $6,400 in attorney's fees, which said fees are 10% of
the principal sum as set forth in the Note.
PETITION TO STRIKE/OPEN JUDGMENT BECAUSE
BORROWER IS NOT IN DEFAULT AND JUDGMENT BY CONFESSION CAN
ONLY BE ENTERED AGAINST DEFENDANT IF DEFENDANT IS IN DEF AUL T
11. Defendant avers she is not in default of the Note as set forth in more detail
below:
a. The Borrower is not deceased. The Note states that the"Borrowef'
is Marling A. Pletcher and Louise S. Pletcher. Only Marling A. Pletcher is
deceased. Defendant is alive and is still the''Borrower~'
b. There has not been a material and adverse change in Borrowers
financial condition.
c. Plaintiffs prospect for payment or performance under this Note is
not impaired as a result of the death of Mr. Pletcher. Defendant continues to
make timely payments under the Note.
12. Plaintiffhas failed to prove Defendant is in Default.
13. In the event this Court deems that Defendant is in default, Defendant avers
said default is not material.
WHEREFORE, the Defendant requests that this Honorable Court strike or open
the judgment entered by Plaintiff against Defendant on or about September 8, 2006 in the
amount of$70,716.89.
3
PETITION TO MODIFY JUDGMENT BY REDUCING PLAINTIFFS COUNSEL
FEES BECAUSE SAID FEES ARE EXCESSIVE. UNREASONABLE.
UNCONSCIONABLE AND INEQUITABLE
14. Defendant avers counsel fees of $6,400 are excessive, unreasonable,
unconscionable and inequitable, particularly because Plaintiff never asked Defendant to
pay the loan in full, Defendant is current on the monthly installments of interest on the
loan, the loan is not due until June 15,2007 and the alleged reason why Plaintiff desires
to confess judgment is because Defendant's husband died.
15. Defendant avers that Plaintiff should not be entitled to recover attorney's
fees should judgment by confession be entered against the Defendant.
16. Defendant believes and avers Plaintiff did not make a demand for payment
of the money due, Defendant does not dispute the money owed and is ready to pay the
amount due on or before maturity. Thus, Plaintiff is not entitled to recover attorney's fees.
See Lindley v. Ross, 137 Pa. 629, Pa Supreme Court (1890) and Moore v. Kilgore, 110
Pa. 433 (1885).
17. In the alternative to eliminating Plaintiffs recovery of attorney's fees,
Defendant requests this Honorable Court employ its equitable powers to reduce Plaintiffs
attorney's fees. See PNC Bank v. Bolus, 655 A.2d 997 (Pa. Super 1995); in this case the
Pennsylvania Superior Court approved the Trial Court's reduction of Plaintiffs attorney's
fees in the amount of $70,647.77, which represented the 10% of the principal amount as
set forth in the confession of judgment clause, to the amount of $1 0,000.
WHEREFORE, Defendant prays that this Honorable Court eliminate Plaintiffs
attorney's fees or in the alternative reduce Plaintiffs attorneys fees to a reasonable and
equitable amount.
4
MeA. Sc gi, Esq . e
Attorney r t e Defendant
Supreme Court ill No. 88346
Scaringi & Scaringi, P.C.
2000 Linglestown Road, Suite 103
Harrisburg, PAl 711 0
717-657-7770
717-657-7797 (f)
marc@scaringilaw.com
5
VERIFICATION
I, Louise S. Pletcher, Defendant in the above-captioned action, verify that the
facts contained in the foregoing Petition for Rule to Show Cause Why The Judgment By
Confession Should Not Be Stricken, Opened or Modified are true and correct to the best
of my knowledge, information and belief and that the same are made subject to the
penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities.
~J~ J/lJtU
Louise S. Pletcher
6
, .
INTEGRITY BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 06-5265 Civil Term
LOUISE S. PLETCHER,
Defendant
: CNILACTION-LAW
CERTIFICATE OF SERVICE
I, Debra L. Logan, Paralegal for Scaringi & Scaringi, P.C., do hereby certify that a
copy of the Petition for Rule to Show Cause Why The Judgment By Confession Should
Not Be Stricken I Opened I Modified and the Proposed Order in the above-captioned
action have been duly served upon Clayton W. Davidson, Esquire, of the Law Firm of
McNees, Wallace & Nurick, LLC, attorneys for Integrity Bank, on October /7, 2006, by
depositing same in the United States Mail, First Class, Postage Prepaid, by Certified Mail
and with a Certificate of Mailing, and by regular United States Mail, addressed as follows:
Clayton W. Davidson, Esquire
McNees, Wallace & Nurick, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, P A 17108-1166
Date: (OIL /7 U{)& ~tL-
I Debra L. Logan
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INTEGRITY BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5265 CIVIL
V.
LOUISE S. PLETCHER,
DEFENDANT
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 30th day of October, 2006, upon consideration of the Defendant's
Petition for Rule to Show Cause Why the Judgment by Confession Should Not Be
Stricken/Opened/Modified, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested
should not be granted;
2. The Plaintiff will file an answer on or before November 20, 2006;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and
the answer raises disputed issues of material fact, an evidentiary hearing will then be
scheduled. The Prothonotary is directed to forward said Answer to this Court.
4. All action by Integrity Bank to execute judgment is stayed pending further
Order of Court.
By the Court,
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M. L. Ebert, Jr.,
Aayton W. Davidson, Esquire
Attorney for Plaintiff
~arc A. Scaringi, Esquire ~
Attorney for Defendant
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INTEGRITY BANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 06-5265 Civil Term
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LAW
INTEGRITY BANK'S RESPONSE TO LOUISE S. PLETCHER'S
PETITION TO OPEN. STRIKE AND/OR MODIFY
Integrity Bank, by and through its undersigned counsel, McNees Wallace & Nurick LLC,
hereby files this Response to Louise S. Pletcher's Petition to Open, Strike and/or Modify and in
support thereof avers the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted with clarification.
Integrity Bank admits that it confessed judgment
against Louise S. Pletcher ("Pletcher") in the above captioned case on September 8, 2006 and
thereafter served notice of the confession of judgment in accordance with Pa.R.C.P. No. 2958.1
upon Pletcher on September 19, 2006.
8. Admitted. Integrity Bank confessed judgment against Pletcher in accordance with
the terms of the note in question (the "Note").
9. Admitted.
10. Admitted.
PETITION TO STRIKE/OPEN JUDGMENT BECAUSE BORROWER IS NOT IN
DEF AUL T ANJ;> JUDMGENT BY CONFESSION CAN ONLY BE ENTERED AGAINST
DEFENDANT IF DEFNEDNA T IS IN DEF AUL T
11. Denied. Pletcher has defaulted under the Note as a result of: (a) the death of Mr.
Pletcher, (b) a material adverse change in her financial condition resulting from the death of Mr.
Pletcher and the loss of his income and (c) Integrity Bank's belief that the prospect of payment
or performance under the Note is impaired as a result of the death of Mr. Pletcher. Integrity
Bank notes that the Note merely requires Pletcher to make interest payments thereunder and
$64,000 was due and payable thereunder on June 15,2007. Mr. Pletcher was the main "bread-
winner" of the Pletcher household and now, Pletcher does not have a reliable source of income to
pay the Note.
12. Denied. Integrity Bank has proven Pletcher has defaulted under the Note and
validly confessed judgment against Pletcher in the above captioned case.
13. Denied. Pletcher is in material default under the Note.
WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to deny Louise E.
Pletcher's Petition to Open, Strike and/or Modify filed in the above captioned case.
PETITION TO MODIFY JUDGMENT BY REDUCING PLAINTIFF'S COUNSEL
FEES BECAUSE SAID FEES ARE EXCESSIVE. UNREASONABLE. UNCONSCIONABLE
AND INEOUIT ABLE
14. Admitted in part and Denied in part. Integrity Bank admits that it did not request
Pletcher to pay the underlying loan be paid in full before confessing judgment against her,
however, said condition precedent is not required under the Note. Integrity Bank further admits
that Note matures on June 15, 2007. Integrity Bank denies all remaining averments of this
paragraph.
15. Denied. The Note provides that Integrity Bank is entitled to attorney fees and the
10% attorney's fee commission is merely a cap of the attorney's fees that Integrity Bank may
charge in this matter and is used to calculate a sum certain so that judgment could be confessed
against Pletcher. Integrity Bank is limited by this cap and may only charge reasonable attorney's
fees in any execution proceeding under the Note despite this cap.
16. Admitted in part and Denied in part. Integrity Bank admits that it did not request
Pletcher to pay the underlying loan in full before confessing judgment against her, however, said
condition precedent is not required under the Note. Integrity Bank is entitled to its reasonable
attorney's fees in this matter pursuant to the terms of the Note and existing case law. Integrity
Bank contends the cases cited by Pletcher are factually distinguishable because Pletcher was not
ready, willing and able to pay the underlying loan in full before Integrity Bank confessed
judgment against her. Pletcher was free to attempt to negotiate a notice provision in the Note
before Integrity Bank confessed judgment and she failed to do so in this case.
17. Admitted in part and Denied in part. Integrity Bank admits this Honorable Court
has the equitable power to reduce Integrity Bank's judgment for attorney's fees in the above
captioned case. Integrity Bank denies all remaining averments of this paragraph. By way of
further response, the 10% attorney's fees commission is merely a means to calculate a sum
certain so that judgment may be confessed against Pletcher. Integrity Bank is limited by this cap
and may only charge reasonable attorney's fees in any execution proceeding under the Note
despite this cap.
WHEREFORE. Plaintiff, Integrity Bank, hereby requests this Court to deny Louise E.
Pletcher's Petition to Open, Strike and/or Modify filed in the above captioned case.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
Date: November 16, 2006
By ~
dson, Esquire
PA Attorney I. . No. 79139
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PAl 71 08-1166
(717) 232-8000 (Phone)
(717) 237-5300 (Fax)
cdavidson@mwn.com
Attorneys for Integrity Bank
CERTIFICATE OF SERVICE
The undersigned hereby certifies on this day that a true and correct copy of the attached
document was served by first-class United States mail, postage prepaid, addressed as follows:
Marc. A. Scaringi, Esquire
Scaringi & Scaringi, PC
2000 Linglestown Road, Suite 103
Harrisburg, PAl 711 0
Date: November 16, 2006
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INTEGRITY BANK,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5265 CIVIL
V.
LOUISE S. PLETCHER,
DEFENDANT
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 27th day of December, 2006, upon consideration of the
Defendant's Petition for Rule to Show Cause Why the Judgment by Confession Should
Not Be Stricken/Opened/Modified and the Response of the Plaintiff thereto,
IT IS HEREBY ORDERED AND DIRECTED that counsel in the above captioned
case shall meet with this Court on Wednesday, February 7,2007 at 8:30 a.m. in
chambers of Courtroom NO.5 of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
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M. L. Ebert, Jr.,
~yton W. Davidson, Esquire
Attorney for Plaintiff
~rc A. Scaringi, Esquire 'o.~.
Attorney for Defendant << r--.
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INTEGRITY BANK,
PLAINTIFF
V.
LOUISE S. PLETCHER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5265 CIVIL
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 2nd day of February, 2007, having been advised that a
settlement has been reached in the above captioned case, the meeting with counsel
scheduled for February 7,2007 at 8:30 a.m. is cancelled.
Clayton W. Davidson, Esquire
Attorney for Plaintiff
Marc A. Scaringi, Esquire
Attorney for Defendant
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INTEGRITY BANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 06-5265 Civil Term
LOUISE S. PLETCHER,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT. DISCONTINUE ACTION
AND DISSOLVE ALL WRITS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the judgment entered in the above captioned case as satisfied, discontinue
the action with prejudice and dissolve any and all writs.
McNEES WALLACE & NURICK LLC
Date: February 26, 2007
By . I ~
CIa n . Da 'ason, Esquire
Attorney I.D. o. 79139
100 Pine Street
P. O. Box 1166
Harrisburg, P A 171 08-1166
Phone: (717) 232-8000
Fax: (717)-237-5300
cdavidson@mwn.com
Attorneys for Integrity Bank.
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CERTIFICATE OF SERVICE
I, Clayton W. Davidson, Esquire hereby certify that a true and correct copy of Integrity
Bank's Praecipe to Satisfy Judgment, Discontinue Action and Dissolve All Writs was sent by
first class, U.S. mail to the following:
Marc. A. Scaringi, Esquire
Scaringi & Scaringi, PC
2000 Linglestown Road, Suite 103
Harrisburg, PAl 711 0
Date: February 26, 2007
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