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HomeMy WebLinkAbout95-00501 :~c '} , ' 'I " .:!. i l r r ;i;..J "f.' " P ~i:" ~' 1i. f, [:C t f' ~. f, l 1;' r I: ~' f l }',' ~ t' t f ~. ' f, f;, :", l if' iC r, 1 f 1; f~'. ''A)o . 9 .t.. .!' () I . \' e,iJ&l7~' No. Civil 19 ~ n. ~~~laA.J VS. ~d.J..1>#P d Y Court of Common Pleas Cumbo Co. i "i' , , , , i " ,i . " . .... .. ".' ,. -, . ",.. FRED H. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA v. CASE NO. 1995-00501 CIVIL TERM TODD PERR~, Defendant CIVIL ACTION - LAW PRAECIPE TO SATISF~ JUDGMENT TO: Lawrence E. Welker, Prothonotary Kindly mark the Judgment entered in the above matter as "Satisfied and Discontinued." KEEFER, WOOD, ALLEN & RAHAL t'l ~ Gar E. French, Esqu re 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8015 Apt.;/ Dated: lIarel\ /2-, 5" 1991 Attorneys for Plaintiff Fred M, Eshleman I, , " V'> en >.- ... :'{ = c- o Q '" , \11, U,. '. ......, '" c: n.. -= -' -' FRED M. ESHLEMAN, . IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . . ~~~ . 95-- SD/ v. . NO. . . . TODD PERRY, . . . . Defendant . CIVIL ACTION - LAW . 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: Principal and Interest Attorney's Fees $61,918.47 3.095.92 $65,014.39 TOTAL AMOUNT DUE Dated: January /1, 1995 ::Cii;;"FM , ~L Gary/E. French 210 Walnut Street P. O. Box 11963 HarriSburg, PA 17108-1963 717-255-8015 Attorney I.D. 25810 Attorneys for Plaintiff Fred M, Eshleman FRED M. ESHLEMAN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . , v. NO. 1995 TODD PERRY, Defendant CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER PA,R.C.P. 2951lbl NOW COMES plaintiff, FRED M. ESHLEMAN, by his attorneys, Keefer, Wood, Allen & Rahal, and files the following Complaint for confession of Judgment: 1, plaintiff is FRED M. ESHLEMAN, an adult individual residing at 3 Dubs circle, Mechanicsburg, Cumberland County, pennsylvania. 2. Defendant is TODD PERRY, an adult individual residing at 1520 High Meadow Lane, Lower Allen TownShip, Cumberland county, Pennsylvania. 3. On or about December 26, 1990, Defendant executed and delivered to Plaintiff a Promissory Note in the principal amount of Sixty-two Thousand Five Hundred Dollars ($62,500), said promissory Note containing a confession of judgment clause. A true and correct copy of the Promissory Note dated December 26, 1990 (hereinafter the "Note") is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Tho Note has not been assigned by Plaintiff. 5, On or about December 26, 1990, Defendant also executed and delivered to Plaintiff an Affidavit of Business purpose and Disclosure of Confession of Judgment (hereinafter the "Affida- vit") in connection with the Note. A true and correct copy of , the Affidavit dated December 26, 1990 is attached hereto as Exhibit "B" and incorporated herein by reference, 6. The Note obligates Defendant to pay Plaintiff twenty- four (24) quarterly installments of Two Thousand Seven Hundred Fifty-nine and 14/100 Dollars ($2,759,14) each, the first such quarterly installment having been paid on July 1, 1991 and the final such quarterly installment being due on April 1, 1997. 7. The Note further obligates Plaintiff to make a balloon payment to Defendant in the amount of Thirty-four Thousand Three Hundred Twenty-seven and 07/100 Dollars ($34,327.07), said balloon payment being due on April 1, 1997. 8. The Note does not permit Defendant to prepay any of the quarterly installments or the balloon payment, in that the fixed interest rate of 12 and 3/8% per annum was an essential induce- ment for Plaintiff to accept Defendant's promise of deferred payment. -2- 9. Defendant has made fourteen (14) quarterly installments to Plaintiff as called for under the Note, but has defaulted on his remaining obligation to Plaintiff by failing to pay timely the quarterly installment due January 1, 1995. Plaintiff re- turned as untimely the check received from Defendant for the quarterly installment due January 1, 1995. 10. Under the terms of the Note, Plaintiff is entitled to receive ten (10) additional quarterly installments of $2,759.14, totalling $27,591.40, and to receive the balloon payment of $34,327.07, for a combined total of $61,918.47. 11. Plaintiff is also entitled to recover reasonable attorney's fees for enforcement of the Note, which for purposes of this action equals five percent (5%) of the total amount due and owing, to wit: $3,095.92. 12. Under the terms of the Note, Plaintiff is entitled to confess judgment, with or without default by Defendant, for the full principal and interest balance due and owing to Plaintiff, together with reasonable attorney's fees for enforcement of the Note. 13. Defendant is indebted to Plaintiff in the total amount of $65,014.39, which includes principal, interest and attorney's fees, and has authorized any attorney of any court of record of Pennsylvania to confess judgment against him in that amount. -3- .\ . " . .... I , . . $62,500.00 Carlisle, Pennsylvania December 26, 1990 PROMISSORY NOTE FOR VALUE RECEIVED, TODD PERRY ("Obligor"), of Cumberland county, Pennsylvania, does hereby promise to pay to FRED M. ESHLEMAN ("Obligee"), Mechanicsburg, Pennsylvania, the principal sum of Sixty-Two Thousand Five Hundred Dollars ($62,500.00), together with interest at the rate of 12 3/8% per annum. The principal and interest due shall be payable in twenty-four (24) equal quarterly payments of principal and interest in the amount of Two Thousand Seven Hundred Fifty-nine and 14/100 Dollars ($2,759.14) each, said quarterly payments to commence on July 1, 1991, and continue quarterly thereafter through April 1, 1997, and in one balloon payment equal to Thirty-four Thousand Three Hundred Twenty-seven and 07/100 Dollars ($34,327.07) also due on April 1, 1997. principal and interest shall be payable in lawful money of the United States of America and in immediately available funds to the Obligee at the address specified above, or at such other office or address, for the account of obligee, as obligee may from time to time designate in writing to the obligor. Whenever any payment to be made hereunder shall become due on Saturday, sunday or a public holiday under the laws of the Commonwealth of pennsylvania, such payment may be made on the next succeeding business day. EXlIlBlT A. c In any proceeding to enforce this Note, the prevailing party shall be entitled to recover reasonable attorney's fees, and Obligee shall be entitled to collect interest on the principal amount after the default at the rate of one and one half percent (l~%) per month. This Note shall be binding upon and inure to the benefit of the Obligor, the Obligee and their respective heirs, successors and assigns. The terms of this Note are subject to amendment or waiver only by a writing signed by the Obligor and Obligee and then only in the specific instance and for the specific purpose for which given. Obligor hereby authorizes and empowers any attorney of any court of record of Pennsylvania or elsewhere to appear for him and to enter judgment against him for the amount of this Note, with or without declaration, together with costs of suit and reasonable attorney's fees, and with full release of errors, Judgment hereunder may be confessed on executed or photostatic copies of this Note as many times and in as many jurisdictions as is necessary to secure satisfaction of any unpaid balance or balances, and the judgment or judgments confessed shall be without stay of execution, Obligor hereby waives presentment, protest and notice of dishonor. Obligor further assents to any extensions of time for -2- ~ . . . . . , .' .. payment or other indulgences which Obligee may grant without affecting liability hereunder, Obligor authorizes the Prothonotary of any county or counties to enter upon a writ of Execution his voluntary condemnation. This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. WITNESS: (\ \ ...---' ~,~ c:: ;;J 6dd A. &JtJu. TODD PE~ ~ (SEAL) -3- nFFIDnVIT OF BUSINESS PURPOSE nND DISCLOSURE OF CONFESSION OF JUDGMENT For the purpose of obtaining loan financing within the meaning of Pennsylvania Act No.6 of 1974 (41 P.S. 101 et s~q.) from Fred M. Eshleman, the undersigned hereby makes the following statement: 1. I am an adult individual. 2. The principal amount of the loan is $ (p:2 ,SDo 3. The loan financing will be used to finance, in part, the acquisition of shares of stock from said Fred M. Eshleman, said acquisition being for business purposes. 4. My annual income exceeds $10,000. 5. I am represented by legal counsel in this matter, who has advised me that the Promissory Note which I am about to execute and deliver to Fred M. Eshleman contains a confession of judgment clause that permits Fred M. Eshleman to obtain a judgment against me in any Court of Common Pleas in the Commopwealth of Pennsylvania 6. I have consented to entry of judgment against me without the following, all of which I have inten- tionally, understandingly and knowingly waived: right to notice and hearing, right of set off, release of error, right of inquest, exemption laws and right to defend against the entry of judgment against me. Dated: {)~.vo Zfo,. 1'110 - :j0rJ.0( 0'~ (SEAL) Sworn and subscribed to before me this day of , 1990 under penalty of perjury. EXHIBIT B " 'A".' . ", " " ' . , " " t . " , ' T..... ,'.,,' , ':, ' '. ' ,': . "', ".,' , ,.' . ~. . FRED M. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, TODD PERRY, Defendant . CIVIL ACTION - LAW To: TODD PERRY, Defendant You are hereby notified that on January ~, 1995, ju~gment by confession was entered against you in the sum of $59,159.33 in the above-captioned case. Date: / - ..3 0 qj" I hereby certify that the following is the address of the Defendant, Todd Perry, stated in the Complaint (averring resi- dence in lieu of a Certificate of Residence): 1520 High Meadow Lane Mechanicsburg (Lower A len '\ 17055 ~ Gary French, Esqu re Attorney for Plaintiff " " -,'~ '.-' . ,... ,-' '. ,,' '",' , ' . ,....' ~ .', , ,.' ..,', ". ~. I r I' ., i '!"..':.- t." f:. ,,~- . ~ \ \::) \' "'- Ln 0"'") It;, ~ ~ ,;~", \ ' , , .-'-.... -:: ~ ....., ( " " .,.:. "" , - .....~- --.-- \.' , , '':' '1. -.... .--"1" ---~ j ....s -.:.::t- '..) ~ - l . --k \.n .,.. ~ -~ \ .-> I.:::J ~ ~! r---./ ~ .J :! ~ ~ ~ ~ 1>0' ~, . p.. > . ~ ':I: ~ ~ ~ ~ , ~ l/)0Il.... l/)bo',tl ~~~ uiN OIl . R .~ ~ ~ ~ ' . i~~ '4. 1'1 0: ~l'l .A = '" '<I )(01 zt;o~ loa lD 0 .. ~:: ~ E g 'fl ..J II) Do '. c::I <.. . ~I. ~ " III . . Z III .,. ,~ 0-, U v J: oH~ E ooom >-<- >NC)C: .. Z ~ II ;j:t W ;( l>. :t W W :.:: ~ "" . 1>' ~ Cl I " '". . , .