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HomeMy WebLinkAbout02-2895IN THE COURT OF COMMON PLEAS OF CUMBERLAND CouNTY, PENNSYLVANIA CIVIL ACTION - LAW HERSHEY EQUIPMENT COMPANY, INC. Plaimiff, VS. CUMBERLAND VALLEY STOVE A_ND PELLET CO. a/Ida CUMBERLAND VALLEY STOVE & PELLET: and TOM BLOSER, : Defendants : No. ~.--~ · CONFESSION 01~ CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of att( which is attached to the complaint filed in this action, I appear for the r judsment in favor of the Plaintiff and against Defendants as follows: Principal Sum: $15 (April, 2002 and May, 2002) Late charges: Attorney's Fees $ 1 TOTAL DUE $17 lks8-HEC-Confession of l,,dgment- CVStove & Pellet.wpd Respectfully subrd REESE, PUGH & By: ~ Matthew C 129 East C Lancaster, 717-393-0~ Attorney 11 Attorneys mey, the original of lefendants and confess 557.58 93.24 500.00 150.82 ted, ,SAMLEY · San~le range Street PA 17602 ;71 ) #65442 br Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : HERSHEY EQUIPMENT COMPANY, INC. : PlaintS, : vs. · No. (~- c~ CUMBERLAND VALLEY STOVE AND : CONFESSION O~ PELLET CO. a/k/a : CUMBERLAND VALLEY STOVE & PELLET: and TOM BLOSER, : Defendants : COMPLAINT 1. Plaintiff'is HERSHEY EQUIPMENT COMPANY, INCa Pennsylvania corporation, with a principal place of business at 255 Plane Tree Drive, ,ancaster, Lancaster County, Pennsylvania 17601. 2. Defendant, CUMBERLAND VALLEY STOVE and PE CUMBERLAND VALLEY STOVE & PELLET, is a Pennsylvania co~ at 150 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 171 3. Defendant, TOM L. BLOSER, is an aduk individual and of Defendant, Cumberland Valley Stove & Pellet, with address of 1501~ Cumberland County, Pennsylvania 17013. 4. On or about April 30, 2002, Defendants executed apron confession of judgment clause promising to pay to the PlaintiffS15,557 at the rate of Nine (9%) percent per annum with payments commencing and correct copy of the original Promissory Note is attached to this con incorporated by reference. 5LET CO. a/Ida ,oration, doing business t3. the chief executive officer amstable Road, Carlisle, tissory note with a 58, together with interest April 30, 2002. A tree flaint as Exhibit "A" and 6. United States. The Promissory Note executed by Defendants has not been assigned. No judgment on the foregoing note has been entered in ay jurisdiction in the 7. Defendants have defaulted on the Promissory Note by fl payments for April, 2002 and May, 2002 to Plaintiff in accordance with An itemized computation of the amount due is as follow~, Principal Sum: Late charges: Attorney's Fees TOTAL DUE $15 $ $17 terms. 9. Plainti~s attorney is authorized by warrant incorporated to this complaint, to appear for the Defendants and confess judgment a8 the above total sum. 10. The judgment demanded herein is not being entered by c person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendants Promissory Note for $17,150.82 with interest and cost of suit. Respectfully submi REESE, PUGH & By: ~ Matthew C 129 East O Lancaster, 717-393-0¢ Attorney I1 Attorneys lksS-HEC-CVStove & Pellet - Complaint.wpd ling to make monthly the Promissory Note's 557.58 93.24 1 500.00 150.82 in the Promissory Note ainst the Defendants for )nfession against a natural ~s authorized by the [ted, ;AMLEY ~ ~ Saml range Street ?A 17602 ;71 ) #65442 0r Plaintiff NOT/ For VALU1/R.ECI~IV~D, ~e under~iizted I/ortowers, TOM BLOSER AND CUMBERi PELLET, of 150 ~m-satable Road, 5769 Colmado Slreet, Carlisle, Cumberland County, pay to HERSHEY EQUIPMENT COMPA.NY, RqC,, 255 Pla~e Tree Drive, Lancaster, Pennsylvania, er order (Holder), the sum of FiRee~ Thousand Five Hundred Fifr/-$even (S1:5,$5738). tastier with interest at the rate of Nine (9.00~) peteem pet annum, in mar Hundred Th/ray. Two and 44/100 ($932,44}, payable without demand on the first of each ~:~e ~: the aforementioned ram be~innlr~ Oc',obet 1, 2001. Payments shaJl ~ommence unpaid b~hmc~ ate du~ Ama 30, 2003. Aa amortization table describing :be accrual afire arr~ed a~ Exhibit "A" and incorporated by reference, Boreower shall have de Hgh! to anticipate the payment cf ~ar~ ar all of the principal sum; ~he term of thio Note. w/about penalty and without paymem of unearned intere~:. Caxlisle, Cumberl~md County Cmwlth of~ syjvaala rata: e/'/?d/0--~ ~d~D VALLEY $TOVI~ & · 'nnsylvanim pmmhea to ncager County, nd 58/',00 Dollars tbIy instaiim~nts of N~e aon~, lat~ shall n April ~0. ~002. Ail e~ ~d pa~ h x ~ time ot times du~g All payments shall be applied first to the payment in full of scOt,led interest and then m th reduction of the ~npald principal balance, Borrower sha/l pay m ~e Holder a late chan~ of 5% of any monthly instailmen: not tecci within five days a/~r the/nsmllment is due. Bo,~.u.~er s.hag, h, il ? pay :he Imerest on or principal of this Ncme within fifteen (tS) da~ cured or shaJ] have beer waived by Holder, ~ wdtm~, Holder by v~tten notice to ~e Bm amoun:~ owing puranant to dis Note to be due and pay*btu at ~y t/me and may proceed ~o~e either by suit i~ equi~T or by a~tioa at law or both. Borrower hereby empowtm the Protlxonmary or any ~om~ of~y c~ of moore wi~i~ elsewhere m ~ar for Bo~w~ ~d, wi~ ~ ~oUt decagon, cnt~ju~ent er in t~v~ of Hold~ for ~ un.id ~ncip~ balnce ~ge~ with cos~ of suit ~d ~ona[ for coition (~ "~&~"), ~d in~ accrued ~ ~ ~aid pfinc~l bal~ce ~d Holder to pay ~ such ~g~, ~ ~he ~ ~ ~ ~u time ~ time prev~ilin~ p~su~ time ~le ~ ~ia N~. To ~e exit period by ~pllcable I~w, Bo~w~ ~ndemnafl~ ~my pmpe~ ~g ~ ~ lev~d ~on by v~e of s~ ~ion ofjud~anL ~d ~ ~v~s afl ~n in said p~ceedi~s, ~m ~e~t~ ~ ~aion of time of payment whi~ ~y be giv~ by ~tod h~, er ~ ~y ~ or ~om. No s~le ~ise of~e ~.pe~e~ ~~t ~ted he~ ~ or ~ ~ such ex~e shaft invaHd~ vot~ or vo~l~ bna ~e po~t ~hfll ~tinue und~d o~n ~ Holder ~all el~ until fl! s~a pebble or ~ may b~ome payable by Bo~owm have ~ ~ld ~ ~L A c~ ~f may ~ ~d ~ Hen ~ the ~ginat. An ex~lan~ic p~ph ai~n~ by ~e Bo~we~ ~d ~le~ged is a~e~ ~ ~x~it "g' and inoo~ ~resent~eut foe paymeng demand, n/ni~e of dishonor, prote~t ~d notice of prates axe he and all enie~ers hereof. This Note shall be constrtmd and enforced in a~cordanc~ with Commonwealth of Peausylvanm. In WIT~ESB WHEREOF, Borrowerl. in~nd/ng this m be a sealed lns~ment and m be &is No~ m be du~ ~ ~d ~live~d m Ho~ ~e ~y ~d ye~ ?~t above T~ B[o~-C~d V~lc~ Stow ~ Exhibit "A" ;ed by ~e Note holder s from thc due dee he default shall have b~-n rower may declare all enforce payment of this ;he United Sm~s or !emanls against Borl~w~ lc m~cys commission ~11 monies adv~d by ~ m this Nom. wai~ ~quisition and ay i~ue f~w[~ upo~ ~ say of Force or t~m time pumuant hem~o ~al{ n of figh~ ming tc ~is ~ waiv~ by laws STATEMENT OP DEBTOR TO ACCOMPANY NOTE I~,ONTAINING CONFESSI0bl QF JUDGMENT CLAUSE RE: NOTE IN FAVOR OF HERSHEY EQUIPMENT COMPANY, INC., (HOLDEIL), AND AGAINST U'NDEI~[GNED, CONTAINING A CON~ESSION OF JUDGMENT, DATE: '~//,..~ O/ ~,-.~,---,2002 AMOUN / THE UNDERSIGNED CLEARLY AND SPECIFICALLY UNDERSTANDS THAT BY ABOVE REFERRED TO, CONTAINING A CONFESSION OF JUDGMENT CLAUSr:: I AUTHORIZE THE FIOLDER OR ANY ATTORNEY TO ENTER A JUDGMI UNDERSIGNED, AT HIS OR HER DISCRETION AND IN HIS OR HER FAY AND WITHOUT DECLARATION OF DEFAULT FOR NON-PAYMENT. EN JUDGEMENT WILL GP~rE THE HOLDER A LIE~ AS SECURITY FOR PAY KF..a.L PROPERTY (INCLUDING THE HOME) OWNED BY THE I~qqDERSI( ENTRY, AND A LIEN ON PERSONAL PROPERTY OWNED BY THE UNDI 'rIME IT IS GIVEN TO THE SHERIFF FOR EXECUTION. I WAIVE ALL RIGHT TO NOTICE AND AN OPPORTUNITY TO BE HEAR~ ENTRY OF THE JUDGMENT ON THE COURT RECORDS. UNDERSTANDi METHOD TO CHALLENGE THIS JUDGMENT WOULD BE BY PROCEED[ OPEN OR STRIKE IT, WHICH PROCEEDINGS WOULD RESULT IN SUBS' FEES WHICH THE L~2qDER~IG2VED WOULD HAVE TO PAY, (WITHOUT ~ CONTAINING A CONFESSION OF KJ'DG~T, THE HOLDER WOULD AGAINST THE UNDERSIGNED WHICH WOULD GIVE THE UNOERS[GN FOR A HEARING WHICH THE UNDERSIONFD DOES NOT HAVE BY RE2 CONFESSION). CERTIFY 1'~q. AT THE INCOME OF THE UNDERSIGNED, IS AT LEAST THE UNDERSIGNED ACKNOWLEDGE RECEIPT OF A COPY OF THIS AFFIDAVr AFTER READING AND FULLY UNDERSTANDING IT, THE UNDERSIGNED HAV AFFIDAVIT INTENTIONALLY, UNDERSTANDINGLY AND VOLUNTAR£LY WAI ALL THE ABOVE RIGHTS, BE,VNO WILLING TO SION SUCH NOTE DESPITE THE FORTH ABOVE. AFFIRMED TO AN D BU~.~CRIBED '~ G'-,,~ ~ BE~'OR.E~ME ~TI~IS ~ DAY TOM ]3LOSER OF CA.,a/LO( ,20(~2 CUMBERLAND VALLEY STOVi NOTARY .PUBLIC ... NOTE ;NT AGAINST THE OR WITHOUT NOTICE FRY OF THE ~{ENT UPON TIIE iNED AT THE TIME OF ',RSIGNED AT THE ) PRIOR TO THE NO THAT THE ONLY ~GS IN COURT TO 'ANT[AL ATTOI~NEY$ UCH CLAUSE ~tVE TO FILE SUIT ~D AN OPPORTU'NrTY ~SON OF 0,000.00 ANNUALLY. AND CERTIFY THAT . SIGNED THIS /lNG AND GIVING LrP CONSEQUENCES SET PELLET CUMBERLAND IN THE COURT OF CCMMON ~.FAS FOR ~ COUNTY, PENNSYLVANIA CIVIL DMSION PRAECIPE TO SETTLE, SATISFY, DISCONTINUE HERSHEY EQUIPMENT COMPANY, INC. Plaintiff(s) VS CUMBERLAND VALLEY STOVE AND PELLET CO. a/k/a CUMBERLAND VALLEY STOVE & PELLET and TOM BLOSER VS Defendant(s) CASE NO. 02-2895 Civil Term Additional Defendant(s) TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued and costs paid. OR Please mmrk the above matter THIS MATTER WAS IND~ FOR THE FOn;~WING: Arbitration Award (date). Default Judgment (date) Lis Pendens (date). Other (date) REESE, PUGH & SAMLEY, PC Matthew C. Samley, Attorney for/Plaintiff(s) ID# 65442 ~ Attorney for Defendant(s) Attorney for Signature of Defendant(s)Counsel, Additional Defendant(s) Counsel needed if case has an Additio~] Defendant. Counterclaim or Crosscl~m(s). , DISCONTINUANCE CERTIFICATE suit hms been rear,md as above directed.