Loading...
HomeMy WebLinkAbout01-5344LAW OP'P1CE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Madcct Street Camp Hill, Pennsylvania 17011 (717) 975-9446 VARTAN NATIONAL BANK, Plalnth~ METROPOLITAN REPERTORY COMPANY, INC., Defendant Attorney for Plaintiff, Va~am National Bank : IN THE COURT OF COMMON PLg~AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL DIVISION : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the Warrant of Attorney contained in the aforementioned Promisso~T Note, thc original or 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 againg~ Defendani, as follows: Principal $123,576.06 IrRerest to 8/28/01 $ 4,107.36 Late Charges $ 1,514.60 AttorneYs' Foes $ 6,000.00 TOTAL $135,198.02 with interest from August 28,2001, on the principal balance of bank base commeacial rate plus two percent, which computes to 10.5% plus costs and attorneys' fees. Attorney Id~ntificafioa Number 58851 3805 Market Street Camp Hill, Penasylvania 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 VARTAN NATIONAL BANK, Plaintiff METROPOLITAN REPERTORY COMPANY, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : : CONFESSION OF JUDGMENT : NO. To: NOTICE OF DEFENDANT'S RIGHTS METROPOLITAN REPERTORY COMI'ANY, INC., Defendant A judgment in the amount of $135,198.02 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession ofjudgmem 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 upon you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PE'I'II'ION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY O0) DAYS AFTER THE DATE ON WHICH Tills 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 'l/ciE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Attorney Identification Number 58851 3805 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market SUeet Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Plai~ff, Va~an National Bank VARTAN NATIONAL BANK, Plaintiff METROPOLITAN REPERTORY COMPANY, l~lC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL DIVISION : CONFESSION OF JUDGMENT : NO. COMPLAINT CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, Vartan National Bank, by its attorneys, The Law Office of Darrell C. Detldefs, files this Complaint in Confession of Judgment for Money and in support thereof avers as follows: 1. Plainfi~, Vartan National Bank, formerly known as Dauphin Deposit Bank, is a national bank existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at 3601 Vartan Way, Harrisburg, Pennsylvania 17110. 2. Defendant, Metropolitan Repertory Company, Inc., a Pennsylvania Corporation whose last know address is 1001 Oyster Mill Road, Camp Hill, Pennsylvania 17011. 3. On or about June 14, 1996, Defendant executed a Promissory Note in favor of Plaintiff in the original principal amount of $135,000, which Note authorized the confession of judgment against the Defendant. A true and correct reproduction of the ori~ina] Note is altachgd h¢l~o and marked Exhibit "A", and incorporated by reference as if fully set forth herein. 4. 7~ne Note has not been released, transferred or assigned other than the fact that Vartan Nalional Bank is the successor to Dauphin National Bank as a result of a name change. 5. Judgment has not been entered against the Defendant on the Note in any jurisdiction~ 6. Thc Note authorizes the entry ofjudgment a~er default. 7. Defendant is in default in that the Note is in excess of One H~mdred Five (105) days past due. 8. An itemization of the amount duc, including interest and attorneys' fees authorized by the Note is as follows: Principal $123,576.06 Interestto 8/28/01 $ 4,107.36 Late Charges $ 1,514.60 Attorney's Fees $ 6,000.00 TOTAL $135,198.02 WHEREFORE, the Plaintiff, as authorized by the Warrant of Attomey contained in the Note, demands judgment against the Defendant in the total sum of $135,198.02 with the interest on the principal sum of $123,576.06 from August 28, 2001 at the rate of Vaxten National Bank commercial base rate plus two percent adjusted monthly per annum, plus costs and attorneys; fees and brings said instrument to Court to recover said stun. LAW OFFICE OF DARRELL C.~ETI-'ILEFS Michael $. Pykosh,~Es4uire Attorney Identification Number 58851 3805 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 BORROWER: Metropolitan Repertory Company, Inc., a Pennsylvania corporation PRINCIPAL: $135,000.00 DAUPHIN NATIONAL BANK SECURED ADJUSTABLE RATE INSTAT.T.MENT NOTE THIS NOTE CONTAINS A PROVISION ALLOWING FOR CHANGES IN MY INTEREST RATE. IF MY INTEREST RATE INCREASES, MY MONTHLY PAYMENTS MAY BE HIGHER. June /~ , 1996 HARRISBURG, PENNSYLVkNIA 1001 Oyster Mill Road, East Pennsboro Township, Cumberland County, Camp Hill, Pennsylvania 1. BORROWERS' PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 ($135,000.00) DOT.T.qRS (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is DAUPHIN NATIONAL BANK, Dauphin, Pennsylvania. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on that part of principal which has not been paid beginning on the date I receive principal and contin- uing until the full amount of principal has been paid. Beginning on the date I receive principal, the initial applicable interest rate of the Loan will be nine and three- quarters (9.75%) percent (the "Initial Interest Rate"), and Will be fixed for a period of three (3) years from the date of the Loan. The applicable interest rate thereafter will be adjusted monthly based on the Dauphin National Bank's Commercial Base Rate. Interest rate changes may occur beginning on December /%/ 1999. Each date on which the rate of interest may change~iil be' called a "Change Date." The initial change date shall be no sooner than thirty-six (36) months from the date of the end of the construction term. The interest rate that I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the rate I will pay both before and after any default in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay interest by making payments every month for the first six months. I wilt make my regular monthly payments on the~day of each month, beginning on January /g , 1997. I will make-~-ese payments every month until I have paid~l of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If on December /~ , 2016, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." The loan will be amortized based on a twenty year amortization schedule with five year call provisions. The initial monthly payment will be $1,292.55, beginning upon completion of construction or after six months, whichever occurs sooner. I will make monthly payments at Dauphin National Bank, P.O. Box 500, Dauphin, PA 17018, or at a different place if required by the Note Holder. (B) Amount of Mv Initial Monthly Payments My monthly payment will be interest only on the sums advanced for the first six (6) months. Thereafter, my initial monthly payment will be in the amount of $1,292.55, which includes principal and interest. The Note Holder will determine my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHAN~ES (A) The Interest Rat~ The interest rate I will pay may change on the /~day of December 1999, and shall further change as provided herein. (B) The interest rate shall be Dauphin National Bank's Commercial Base Rate. Said interest shall be adjusted monthly. (C) If I am in default under Section 7(B), beyond thirty (30) days delinquent, the interest rate I pay will immediately increase to two (2%) percent above the otherwise Applicable Interest Rate. (D) Notice of Changes The Note Holder will mail or deliver to me a notice before each Change Date. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date. (ii) the amount of my monthly payment following the Change Date; (iii) any additional matters which the Note Holder is required to disclose; and (iv) the title and telephone number of a person who will answer any questions I may have regarding the notice. 5. BORROWERS' RIGHT TO PREPAY I have the right to make any payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder, in writing, that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates of my monthly payments unless the Note Holder agrees, in writing, to those delays. My partial prepayment will reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 3 6. LOAN CIL%RGE S If a law which applies to this loan and which sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then" (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. if a refund reduces principal, the reduction will be treated as a par- tial prepayment. 7. BORROWERS' FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of fifteen (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be five (5%) percent of our overdue payment of principal and interest. I will pay this late charge promptly, but only once on any late payment. Any late payments not paid by Borrower shall be considered to be additional principal and collectable as such by Note Holder. (B) Default in Payment If I do not pay the full amount of each monthly payment on the date it is due, I will be in default without further demand or notice from the Note Holder. In the event of such default, the whole of said principal debt or sum, together with any outstanding interest, shall thereupon become due and payable, and judgment may be entered and execution may issue forthwith for the collection of the same, and all interest thereon, together with all fees, costs, and expenses of collecting the same, including an attorney's com- mission of five (5%) percent, anything herein contained to the contrary, notwithstanding. (C) Default in Covenants In the event I fail to maintain insurance on the premises secured by this obligation, or fail to pay any taxes, water and sewer rents, municipal assessments or charges assessed against or upon the premises secured by this obligation, or any part thereof, the Note Holder may send me a written notice telling me that if we do not cure the specified default within thirty (30) days following 4 receipt of such written notice, the whole of said principal debt or sum, together with all premiums of insurance, taxes, water and sewer rents shall thereupon become due and payable, and judgment may be entered and execution may issue forthwith for the collection of the same, and all interest thereon, together with all fees, costs, and expenses of collecting the same, including an attorney's commission of five (5%) percent, anything herein contained to the contrary, notwithstanding. (D) ~ Even if, at a time when I am in default, the Note Holder does not require me to pay immediately or to cure the default as de- scribed above, the Note Holder shall still have the right to do so if I am in default at a later time, and the failure to do so shall not be considered to be a waiver of the Note Holder's rights under this Note. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all its reasonable costs and expenses to the extent not prohibited by applicable law. Those expenses may include, for example, reasonable attorney's fees. $. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by mailing it by first class mail or by delivering it to me at the Property Address above or at a different address if we give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a differ- ent address if I am given a notice of that different address. 9. MORTgAgE It is hereby declared that this obligation is accompanied by Indenture of Mortgage, of even date herewith, made between Borrower and Note Holder secured upon real estate as identified on page 1 of this Note. This Note is subject to all the terms and conditions of said Mortgage, which is incorporated herein by reference thereto. 5 10. RIGHT TO POSSESSION It is hereby and expressly agreed that in the event of any breach by Borrower, of any covenant, condition or agreement of this obligation, or of said Mortgage, it shall be lawful for the Note Holder to enter upon all and singular the lands, buildings and premises granted by said Mortgage to secure this obligation, together with the hereditaments and appurtenances, and each and every part thereof, and to take possession of the same and of the fixtures, appliances and equipment therein contained, and to have, hold, manage, lease to Borrower or any other person or persons, use and operate the same in such parcels and on such terms and for such periods of time as Note Holder may, in the sole discretion of Note Holder, deem proper, the Borrower agreeing that Borrower shall and will, whenever requested by Note Holder so to do, assign, transfer and deliver unto Note Holder any such lease or sublease; and to collect and receive all rents, issues and profits of the said premises granted to secure this obligation and every part thereof, for which this obligation shall be a sufficient warrant whether or not such lease or sublease has been assigned to Mortgagee, and to make from time to time all alterations, renovations, repairs and replacements thereto as may seem judicious to Note Holder, and after deducting the cost of any or all such alterations, renovations, repairs and replacements and expenses incident to taking and retaining possession of the said property and the management and operation thereof, and keeping the same property insured, to apply the residue of such rents, issues and profits, if any, arising as aforesaid, to the payment of all taxes, charges, claims, assessments, water and sewer rents and any other liens that may be prior in lien or payment to said Mortgage or this obligation and premiums for said insurance, with interest thereon, or to the interest and principal due under this obligation and secured by said Indenture of Mortgage, with all costs and attorney's fees, in such order or priority, as Note Holder, in the sole discretion of Note Holder, may determine any statute, law, custom or use to the contrary notwithstanding; it being expressly agreed, however, that the taking of possession by Note Holder, under this provisions, shall not relieve any default which may have been made by Borrower, or prevent the enforcement of any of the remedies by this obligation or accompanying Warrant of Attorney or of said Mortgage provided in case of such default; and it is further expressly understood and agreed that the remedies by this obligation and Warrant of Attorney and said Indenture provided for the enforcement of the payment of the principal sum secured by said Mortgage, together with interest thereon, as hereinbefore specified, and for the performance of the covenants, conditions and agreements, matters and things herein contained, or in said Mortgage referred to, are cumulative and concurrent and may be pursued singly or 6 successively or together at the sole discretion of the Note Holder and may be exercised as often as occasion therefor shall occur. 11. CONFESSION OF JUDGMENT FOR POSSESSION For the purpose of securing said possession of said mortgaged premises to Note Holder, in the event of any default as aforesaid, Borrower does hereby authorize and empower any attorney of any Court of Common Pleas in any County of the Commonwealth of Pennsyl- vania, or of any other court there or elsewhere, as attorney for Borrower, as well as for all persons claiming under, by, or through Borrower, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the premises granted by said Mortgage, together with the hereditaments and appurtenances, as well as all fixtures, appliances and equipment of any nature whatsoever, now or hereafter installed upon or in said mortgaged premises (without any stay of execution or appeal) against said Borrower and all persons claiming under, by or through Borrower and therein confess judgment for the recovery by the Note Holder of the possession of the said mortgaged premises together with the hereditaments and appurtenances, as well as all fixtures, appliances and equipment of any nature whatsoever, now or hereafter installed upon or in said mortgaged premises, for which this obligation (or a copy thereof verified by affidavit) shall be a sufficient warrant; whereupon if the Note Holder so desires, a Writ of Possession may be issued forthwith, without any prior writ or proceeding whatsoever, Borrowers hereby releasing and agreeing to release the Note Holder, from all errors and defects whatsoever in entering such action and/or judgment and in causing such writ or writs to be issued, and in any proceeding thereon or concerning the same, and thereby agreeing that no writ of error or objection shall be made or taken thereto, provided that the Note Holder shall have filed in such action an affidavit made by the Note Holder or someone on behalf of Note Holder setting forth the facts necessary to authorize the entry of such judgment, according to the terms of this obligation, of which facts such affidavit shall be conclusive evidence. 12. CONFESSION OF JUDGMENT Borrower does hereby empower any Attorney of any Court of Record, within the United States or elsewhere, to appear for Bor- rower in any Court, and with or without a declaration filed, con- fess judgment or judgments against Borrower, Borrower's heirs and assigns, in favor of the said Note Holder, or its successors or assigns, as of any term, for the above principal sum, together with costs of suit, and attorney's commission if five (5%) percent for 7 collection, on which judgment, execution or executions may issue forthwith, on failure to comply with any of the conditions of this Note; hereby waiving inquisition and condemnation of any property levied upon by virtue of any such execution, and also waiving all exemption from levy and sale on any property that now is or that hereafter may be exempted under any Act of Assembly, and with a release of all errors. 13. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety, or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 14. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Present- ment'' means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 15. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") with an Adjustable Rate Rider, dated the same day as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which we make in this Note. That Security Instrument and Rider describe how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. Some of those conditions are described as follows: "Transfer of the Property or a Beneficial Interest in Borrow- er. If all or any part of the Property or an interest therein 8 is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Federal law." "If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration. Such notice shall provide a period of not less than thirty (30) days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by this instrument." "Notwithstanding a sale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing." 16. BINDING AGREEMENT Ail covenants, waivers, options, stipulations, promises, undertakings, agreements, and rights and benefits given to, and obligations and liabilities imposed upon, each and all of said parties hereto shall inure to and bind them jointly and severally and its, his, her, and their, and each of their respective heirs, executors, administrators, successors and assign. 17. COMMITMENT LETTER The terms and conditions of that certain commitment letter dated April 18, 1996, are incorporated herein by reference thereto. Witness the hand and seal of the undersigned. Attest: Metropolitan Repertory Company, Inc. President LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Plaintiff, Va.aan Natio~d Bank VARTAN NATIONAL BANK, Plaintiff METROPOLITAN REPERTORY COMPANY, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : CONFESSION OF JUDGMENT : NO. VERIFICATION I, Gary Holman, a duly authorized representative of the Plaintiff, deposes and says subject to the penalties of 18 P~ C.S.A. Section 4909 relating to unswom falsification to authorities that the facts set forth in the foregoing documents are lxue and con'eet to the best of his information and belief. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VARTAN NATIONAL BANK VS METROPOLITAN REPERTORY CO INC DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon METROPOLITAN REPERTORY COMPANY INC the DEFENDANT , at 1412:00 HOURS, on the 1st day of October , 2001 at 1001 OYSTER MILL RD CAMP HILL, PA 17011 by handing to PHILIP REPLOGLE LIGHTING DESIGNER a true and attested copy of CONFESSION OF JUDGMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this ~ ~ day of A.D. ; z Prothonotary ' So Answers: R. Thomas Kline 10/02/2001 DARRELL DETHLEFS Deputy Sheriff