HomeMy WebLinkAbout07-0014f M
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO:
Plaintiff
V.
CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC.
Defendant PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against Defendant as follows:
a. Principal $ 49,780.73
b. Interest to December 20, 2006 $ 3,858.27
C. Late Charges $ 450.00
d. Attorneys' Fees to December 22, 2006 $ 3,092.50
TOTAL $ 57,181.50 plus additional interest
at the default rate of
interest provided in the
Note after December
20, 2006, plus additional
attorneys fees and costs.
Respectfully submitted,
Date: December,, 2006
McNees Wallace & Nurick LLC
By:
Supr e C ID #24848
100 Pine tree t, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
¦ r
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, : DOCKET NO:
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC
Defendant
: CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The name and address of the Plaintiff is CommunityBanks, having a principal
regional office located at 55 Wetzel Drive, Hanover, Pennsylvania 17331.
2. The name and last known address of the Defendant is Agapao Flowers & Gifts, Inc.,
145 S. Locust Street, Shiremanstown, Pennsylvania 17011.
3. On February 10, 2005, Defendant executed and delivered to Plaintiff a Commercial
Variable Rate Revolving or Draw Note in the original principal amount of $50,00.00 ("Note"), a
true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A"
and made a part hereof.
4. Defendant is in default of Defendants' obligations to make payment to Plaintiff as
required in the Note, and as a result of Defendants' default the entire amount outstanding under the
Note is due and payable in full.
5. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
6. There has not been any assignment of the Note.
7. Judgment has not been entered on the Note in any jurisdiction.
8. The amount due to Plaintiff as a result of Defendants' default is as follows:
a. Principal $ 49,780.73
b. Interest to December 20, 2006 $ 3,858.27
C. Late Charges $ 450.00
e. Attorneys' Fees to December 22, 2006 $ 3,092.50
TOTAL $ 57,181.50
9. Interest is payable by the Defendant at the default rate of interest provided in the
Note after December 20, 2006, including on and after entry of Judgment on this Complaint and
until receipt of the full amount due Plaintiff under the Note.
WHEREFORE, Plaintiff, CommunityBanks, demands judgment against Agapao Flowers
& Gifts, Inc., Defendant, in the amount of $57,181.50, plus interest at the default rate of interest
provided in the Note after December 20, 2006, through the date of payment, including on and after
the date of entry of judgment on this Complaint, and for costs of suit and other expenses, fees,
charges and costs to which the Plaintiff may be entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: December, 2006 By:
G , E uire
preme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
1' ' 40
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO:
Plaintiff
V. CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC.
Defendant PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Barry C. Dillman, hereby verify that the statements made in the foregoing Complaint are
true and correct to the best of my information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: December)9, 2006
COMMUNITYBANKS
Y
Barry C. billmw"
Senior Vice President
Credit Administration
Communit0anks
Commmdty Banks
15 North 3rd Street
g! PA 17101
(717) 213II-2380 "LENDER"
93 1 VARIABLE
$50,000.00 I 02/10/05
BORROWE;apao F S & Gi S, I C•
13 _ (Seal)
S. Michael Peters
nva n,?aa r.I ,i?.Y
no/1 00 Dollars($ ?iav •+v....... M??
PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender, the principal amount of O ) of, if less, the aggregate
unpaid principal amount of all loans or advances made by Lender to Borrower under this Note, plus interest on the unpaid principal balance at the rate and in
the manner described below, until all amounts owing under this Note are paid in full. All amounts received by Lender shall be applied first to accrued unpaid
interest, then to unpaid principal and then to unpaid late charges and expenses, or In any other order as determined by Lender, In Lender's sole discretion, as
permitted by law.
REVOLVING OR DRAW FEATURE: ® This Note possesses a revolving feature. Upon satisfaction of all conditions set forth in this Note, Borrower shall be
entitled to borrow up to the full principal amount of the Note and to repay and reborrow from time to time during the term of the Note. ? This Note possesses
a draw feature. Upon satisfaction of all conditions set forth in this Note, Borrower shall be entitled to draw one or more times under this Note. Any repayment
may not be reborrowed. The aggregate amount of such draws shall not exceed the full principal amount of this Note.
Information with regard to any loans or advances under this Note shall be recorded and maintained by Lender in Its internal records and such records shall be
conclusive of the principal and Interest owed by Borrower under this Note unless there is a material error in such records. The Lender's failure to record the
date and amount of any loan or advance shall not limit or otherwise affect the obligations of the Borrower under this Note to repay the principal amount of the
loans or advances together with all interest accruing thereon. Borrower shall be entitled to Inspect or obtain a copy of the records during Lender's business
hours.
CONDITIONS FOR ADVANCES: If no Event of Default has occurred under this Note, Borrower shall be entitled to borrow monies under this Note (subject to
the limitations described above) under the following conditions:
INTEREST RATE: This Note has a variable rate feature. The Interest rate on this Note may change from time to time if the Index Rate identified below changes.
Interest shall be computed on the basis of the actual number of days over 360 daYS per year. Interest on this Note shall be calculated
and payable at a variable rate equal to 1.500 % per annum over the Index Rate. The Initial interest rate on this Note shall be 6 .750 %
per annum. Any change in the Interest rate resulting from a change In the Index Rate will be effective on:
The date of the change.
RATE LIMITATIONS: Subject to applicable law, the minimum Interest rate on this Note shall be 4.000 %per annum. The maximum interest rate on
rmitted to
this Note shall not exceed 21. 000 % per annum, or It lase, or it a aximum rate is not indicated, the maximum interest rate Lender is
P7
charge by law. The maximum rate increase at any one time will be n a %. The maximum rate decrease at any one time will be n a %•
INDEX RATE: The Index Rate for this Note shall be:
Wall Street Journal Prime: The Prime Rate as published in the Wall Street
Journal.
If the Index Rate is redefined or becomes unavailable, then Lender may select another index which Is substantially similar.
DEFAULT RATE: If there is an Event of Default under this Note, the Lender may, In Its discretion, Increase the Interest rate on this Note to:
or the maximum interest rets Lender is permitted to charge by Taw, whichever is less.
PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule:
On demand, but if no demand is made, then:
Accrued interest shall be payable monthly as billed by the Lender. Principal shall be payable
on demand.
WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS
® IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BY THIS NOTE, BORROWERIRREVOCABLYAUTHORIZESAND EMPOWERS
7WY ATTORNEY OR THE PROTHONOTARYOR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR
BORROWERIN ANY ACTION BROUGHT BY LENDER AFTER BORROWER'SDEFAULT UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT
AGAINST BORROWERFORALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FOR ALL ACCRUED INTEREST ON THOSE AMOUNTS, COST OF SUIT,
AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, FROM THE ENTRY OF
SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS NOTE, OR A COPY VERIFIED BY AFFIDAVIT, WILL BE A SUFFICIENT WARRANT.
THE AUTHORITY GRANTED HEREIN MAY BE EXERCISED AS NEEDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS
DUE LENDER.
BORROWERKNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS
TO DUE PROCESS BORROWERHAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEALTH OF PENNSYLVANIA,
EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY CONFESSED JUDGMENT.
BORROWERFURTHERUNDERSTANDSTHAT UPON BORROWER'SDEFAULT AND CONFESSION OF JUDGMENT, THIS WAIVERALLOWS LENDER TO IMMEDIATELY EXECUTE
UPON AND SEIZE AND SELL ANY OF BORROWER'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY NOTICE AND/OR HEARING
REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE ALL SUMS DUE.
THE PERSONS SIGNING BELOW ACKNOWLEDOETHAT THEY HAVE READ, UNDERSTAND, AND AGREETO THE TERMS AND CONDITIONS OF THIS NOTE, INCLUDING THE
PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COPY OF THIS NOTE. February, 2 005
IN WrMFRS WHEREOF. the undersigned has/have caused this Instrument to be executed as asealed Instrument this 10th day of
BORROWER: apao Flow Gifts, Inc.
B : c" (Sew)
orr a Peters
BORROWER:
BORROWER:
(Seal) (Seal)
BORROWER:
(Seal)
BORROWER:
(Seal)
BORROWER:
BORROWER:
COMMERCIAL
VARIABLE RATE
REVOLVING OR
DRAW NOTE
09114200
(Seal)
(Sea"
LPPA=4 0 Harland Finer W 8" -, ins (0U04) (800) 9374789
PREPAYIGEih: This Note may be 1
)ne installment, any partial prepayr.
3orrower and Lender. If this Note
?Aprepayment penalty of :
-lid in pr r in full on or before Its maturity dair with F 'thout penally. If this Note contains more than
will nc act the due date or the amount of subset, . Installment unless agreed to, in writing, by
Is prepaid in full, there win be ? A minimum finance charge of $
LATE CHARGE: If a a ent is received more than 10 days late, Borrower will be charged a late charge of: ? % of the
unpaid late payment; U$ ; ® 5.00 % of the unpaid late payment or $50.00 , whichever is ® greater
? less, as permitted by law. No more than one late charge will be imposed on any single payment or portion of any payment
SECURITY: To secure the payment and performance of obligations incurred under this Note, Borrower grants Lender a security Interest in all of Borrower's
right, title, and interest In all monies, Instruments, savings, checking, share and other accounts of Borrower„L"cluding IRA, Keogh, mist accounts and other
accounts subject to tax penalties If so assigned) that are now or In the future in Lender's custody or control J XJ If checked, the obligations under this Note
are also secured by the collateral described In any security Instrument(s) executed in connection with this Note, and any collateral described in any other
security' Instrument(s) securing this Note or all of Borrower's obligations.
CHECK PROCESSING FEE: if a check for payment is returned to Lender for any reason (for example, because there are insufficient funds in Borrower's
checking account), Lender will assess a check processing fee of $ 35.00 -which shall be added to the principal balance.
RENEWAL: ? If checked, this Note is a renewal, but not a satisfaction, of Loan Number
TERMS AND CONDITIONS
1. EVENTS OF DEFAULT. An Event of Default will occur under this Note In the event that Borrower, any guarantor or any other third party pledging collateral
to secure this Note:
(a) fails to make any payment on this Note or any other indebtedness to Lender when due;
(b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note, any security Instrument, or any other present or
future written agreement regarding this or any other indebtedness of Borrower to lender,
(c) provides or causes any false or misleading signature or representation to be provided to Lender,
(d) sells, conveys, or transfers rights In any collateral securing this Note without the written approval of Lender, destroys, loses or damages such collateral in
any material respect; or subjects such collateral to seizure, confiscation or condemnation;
(e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral tD
secure this Note or any of their property;
(f) dies, becomes legally Incompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an assignment for the benefit
of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding;
(g) fails to provide Lender evidence of satisfactory financial condition;
(h) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the
majority ownership as of the date of the execution of this Note; or
(i) causes Lender to deem itself insecure due to a significant decline in the value of any real or personal property securing payment of this Note, or Lender
in good faith, believes the prospect of payment or performance is impaired.
2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the
following remedies without notice or demand (except as required by law):
(a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and
payable in full, such accreleration shall be automatic and immediate if the Event of Default Is a filing under the Bankruptcy Code;
(b) to collect the outstanding obligations of Borrower with or without resorting to judicial process;
(c) to cease making advances under this Note or any other agreement between Borrower and Lender,
(d) to take possession of any collateral in any, manner permitted by law;
(e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender,
(f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process;
(g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts
maintained with Lender, and
(h) to exercise all other rights available to Lender under any other written agreement or applicable law.
Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph are In addition to those
available at common law, including, but not limited to, the right of set-off.
3. DEMAND FEATURE. ® If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shall be
in Lender's sole and absolute discretion, whether or not any default has occurred.
4. FINANCIAL INFORMATION. Borrower will at all times keep proper books of record and account in which full, true and correct entries shall be made In
accordance with generally accepted accounting principles and will deliver to Lender, within ninety (90) days after the and of each fiscal year of Borrower, a
copy of the annual financial statements of Borrower relating to such fiscal year, such statements to include (1) the balance sheet of Borrower as at the end of
such fiscal year and (it) the related income statement, statement of retained earnings and statement of cash flow of Borrower for such fiscal year, prepared by
such certified public accountants as may be reasonably satisfactory to Lender. Borrower also agrees to deliver to Lender within fifteen (16) days after filing
same, a',copy of Borrower's income tax returns and also, from time to time, such other financial information with respect to Borrower as lender may request
5. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in a
writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those
obligations or rights. A waiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note shall not be affected
if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the obligations belonging to any co-borrower or guarantor or any of
its rights against any co-borrower, guarantor, the collateral or any other property securing the obligations. Lender may accept and apply checks and other
instruments marked "Paid in Full" or with a similar phrase describing a payment as full satisfaction of the obligations incurred under this Note, without being
bound by that language and without waiving any rights to payment of all amounts owing under this Note.
S. SEVERABIUTY. If any provision of this Note is invalid, Illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby.
7. ASSIGNMENT. Borrower agrees not to assign any of Borrowera rights, remedies or obligations described in this Note without the prior written consent of
Lender, which consent may be withheld by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of Its rights and remedies
described in this Note without notice to or the prior consent of Borrower.
8. NOTICE. Any notice or other communication to be provided to Borrower or Lender under this Note shall be in writing and sent to the parties at the
addresses described in this Note or such other address as the parties may designate in writing from time to time.
9. APPUCA13LELAW. Interest, including rates, fees and charges which compensate Lender for the extension of credit to Borrower under this Note, or which
tmpensate Lender for any default or breach by Borrower of the terms and conditions of this Note, shall be governed by the laws of the state
of Pennsylvania All other terms and conditions of this Note shall be governed by the laws of the. state
of Pennsylvania Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court
located in Penasvlvan a selected by Lender, in its discretion, in the event of a legal proceeding under this Note.
10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, Including, but not limited to, fees anti
costs of attomeys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of
Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Note, whether or not suit Is brought, including,
but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions.
11. MISCELLANEOUS. This Note is being executed primarily for commercial, agricultural, or business purposes. Borrower and Lender agree that time is of
the essence. Borrower agrees to make all payments to Lender at arty address designated by Lender and in lawful United States currency. Borrower and any
person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives any right to require Lender to
proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall include all of the parties signing
this Note, and this Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is more than one Borrower their obligations
under this Note shall be joint and several. Information concerning this Note may be reported to credit reporting agencies and will be made available when
requested by proper legal process. This Note represents the complete and.integrated understanding between Borrower and Lender regarding the terms
hereof.
12. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR
BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE.
13. ADDITIONAL TERMS:
-T;
(J \ r ,
y
Co
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
: DOCKET NO: 07 -)1
CONFESSION OF JUDGMENT
el L;t,
: PREVIOUSLY ASSIGNED TO: N/A
pRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, CommunityBanks.
papers may be served at the address set forth below.
Geoffrey S. Shuff, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Respectfully submitted,
McNees Wallace & Nurick LLC
? 2006 By'
Date: December_, y S. Shuff, Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
'
t
T -n
tv ' f
cn?
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
DOCKET NO:
CONFESSION OF JUDGMENT
etoi
: PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, CommunityBanks, is 55 Wetzel Drive,
Hanover, Pennsylvania 17331; and that the last known address of the Defendant, Agapao Flowers
& Gifts, Inc., is 145 S. Locust Street, Shiremanstown, Pennsylvania 17011.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: December, 2006
By:
e ey . Shu , Esquire
upreme Co ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
'Ti
7-1
_ ND
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION COMMUNITYBANKS,
DOCKET NO:
Plaintiff
CONFESSION OF JUDGMENT
V.
AGAPAO FLOWERS & GIFTS, INC. PREVIOUSLY ASSIGNED TO: N/A
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendant, Agapao Flowers & Gifts, Inc.,
in the above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: December, 2006 By.
o y S uff, Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
Cw.
'(-t T
M6
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
??z1.rL
COMMUNITYBANKS, DOCKET NO: Cot - 19 &A
Plaintiff
V.
CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC.
Defendant : PREVIOUSLY ASSIGNED TO: N/A
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 Pa. C.S.A. § 2737.1 (Act 105 of 2000)
To: AGAPAO FLOWERS & GIFTS, INC., Defendant
Pursuant to 42 Pa. C.S. § 2737.1. please take notice that the Plaintiff in this matter has
entered a judgment by confession against you in the amount of $57,181.50.
You are entitled to file a petition to "strike" or "open" the judgment. In order to do so,
you must promptly file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will
file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle,
Cumberland County, Pennsylvania.
A petition is a formal statement of your reasons for challenging the judgment. You must
include the names of the parties at the top of the first page and the case number, which is shown
above. The petition must state your reasons for challenging the judgment is a separate numbered
paragraphs. You have to sign the petition and include a sworn statement at the end of the
document verifying that the facts you state in the petition are true and accurate. You will waive
any defenses and objections not included in your petition to strike or open. You must therefore
make every effort to raise all possible issues and defenses in your petition to strike or open in
order to avoid waiving any claims.
If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of
Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to
comply with local rules of procedure in effect in the county where the judgment was entered.
If you do not file a petition challenging the judgment, the Plaintiff may take steps to
collect on the judgment by asking the Sheriff to seize your assets. You may have other rights
available to you other than as set forth in this notice. You should take this paper to your
f %
lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below.
This office can provide you with information about hiring a lawyer.
If you cannot afford to hire a lawyer, this office may be able to provide you with
information about agencies that may offer legal services to eligible persons at a reduced fee
or no fee.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Corporations may be unable to represent themselves in court. If the defendants include a
corporation, the corporation must appear through an attorney if it intends to challenge the
judgment.
You may receive other papers and notices regarding the judgment. Those other papers do
not negate or override this Notice. Likewise, this Notice is not intened to and does
that may be served upon you not negate
any of the notices or information obtained in other papers
We reiterate that you are required to act promptly if you wish to seek relief from the
judgment. Under certain circumstances, you have only 30 days in which to file a petition after
papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order
to protect your interests. Failing to act in a timely manner will render you unable to challenge the
judgment at a later time.
Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had a
confession or judgment entered against you, you are entitled to costs and reasonable attorney
fees as determined by the court.
Respectfully submitted,
McNees Wallace & N
Date: December, 2006 By:
Supne Court J6 #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunftyBanks
r ?
(a)(1) Relief from a judgment by confession shall be sought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open
it must be asserted in a single petition. The petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred or in
any other county in which the sheriff has received a writ of execution directed to the sheriff to
enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has not
stayed execution despite the timely filing of a petition for relief from the judgment and
the presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall
be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show
cause and may grant a stay of proceedings. After being served with a copy of the petition the
plaintiff shall file an answer on or before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition
or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided
in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings on
the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which in a jury trial would require the issues to
be submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO: O'!'
Plaintiff
V.
CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC.
Defendant : PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: AGAPAO FLOWERS & GIFTS, INC.
A judgment in the amount of $57,181.50, plus interest, other expenses, fees and costs 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
i t
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: December, 2006 By:
eo Tet, ire
p em848
100 Pi x 1166
Harr. 1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET N 0: 01 -
Plaintiff '
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
To: Agapao Flowers & Gifts, Inc., Defendant
200 judgment by confession was
You are hereby notified that on
entered against you in the sum of $57,181.50, in the above-captioned case.
DATE: 1121c)7 prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORDE YOU CAN O GET OR TELEPHONE
LEGAL L HE THE
OFFICE SET FORTH BELOW TO FIND OUT
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
I hereby certify that the following are the addresses of the Defendant stated in the certificate
of residence:
Agapao Flowers & Gifts, Inc.
145 S. Locust Street
Shiremanstown, PA 17011
A, Agapao Flowers & Gifts, Inc., Demandado(s)
de 2006, un fallo por admision fue
Por este medio sea avisado que en el dia de
registrado contra usted por la contidad de $57,181.50 del caso antes escrito.
Fecha: el dia de de 2006
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMM PDGAR MAL SERVICIO, VAYA
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE
EN PERSONA A LLAME POR TELEFONO A LA O IDE SE PUEDEIRCON BGUIR
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR D
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el
certificado de residencia:
Agapao Flowers & Gifts, Inc.
145 S. Locust Street
Shiremanstown, PA 17011
IV - %ft
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
DOCKET NO: 07-14 CIVIL TERM
: CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that
the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with
the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt
requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached
hereto.
Agapao Flowers & Gifts, Inc.
145 S. Locust Street
Shiremanstown, PA 17011
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January/ 2007 By:
o S. Shu , Esquire
Supreme Co #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
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------------- - - --------------
2. ArWe Number
IAX
,3 ?III?IIInI??NIIII?IM
71660 39M 9649 5142 24EM x
by (flaw PM ClsatM
D. Is defimy address ditmt from 1We t?
If YES, ~ Mvery address below:
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) [Yes
1. Article Addressed to.
Agapao Flowers & Gifts, Inc.
145 S. Locust Street
Shiremanstown, PA 17011
Community Banks
Geoffrey S. Shuff
Form 3811, January 2005 Domestic Return Receipt
7160 3901 9849 5142 x429
TO: Agapao Flowers & Gifts, Inc.
145 S. Locust Street
Shiremanstown, PA 17011
SENDER: Geoffrey S. Shuff
REFERENCE: Community Banks
RETURN Poetege
i RECEIPT Cerd ied Fee
SERVICE Retum ReoeiPt Fee
1
Restricted Delivery
Total Postage 8 Fees
t
E us P"M SUVIN
E Receipt for
Certified Mail
No Imurerm Cover"* ProvWad
! Do Not Use for kderrw6orta1 Me
OR D? S?
v
COP
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All"
Adar«se?
YES
No
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states23
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs:
Docketing $ 18.00
Poundage 2.89
Advertising 10.00
Law Library .50
Prothonotary 2.00
Mileage 28.80
Surcharge 30.00
Levy 40.00
Post Pone Sale 15.00
Garnishee
Postage
TOTAL $
147.19 F13 6/o -7
Advance Costs: 150.00
Sheriff's Costs: 147.19
2.81
Refunded to Atty on 08/17/07
So Answers;
?W0A'I'eWMW
R. T io as Kline, .S 4?MW
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-14 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITY BANKS Plaintiff (s)
From AGAPAO FLOWERS & GIFTS, INC., 145 S. LOCUST STREET, SHIREMANSTOWN,
PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL OF THE
COMPANY'S INVENTORY, MACHINERY, EQUIPMENT, FIXTURES AND
RECEIVABLES AND ALL OF THE COMPANY'S OTHER BUSINESS ASSETS AND
PROPERTY LOCATED AT THE FOLLOWING ADDRESSES: AGAPAO FLOWERS &
GIFTS, INC., 900 MARKET STREET, LEMOYNE, PA 17043 (West Shore Farmers Market)
& FLOWERS ON LOCUST, 145 S. LOCUST STREET, SHIREMANSTOWN, PA 17011 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the ddibndant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $57,181.50
L.L. $.50
Interest at the default rate of interest provided in the Note after 12-20-06
Atty's Comm %
Atty Paid $46.00
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 05-14-07
(Seal)
curt?R Lon a
By:
Deputy
REQUESTING PARTY:
Name GEOFFREY S. SNUFF, ESQUIRE
Address: MCNEES WALLAC & NURICK LLC
100 PINE STREET
PO BOX 1166
HARRISBURG, PA 17108-1166