HomeMy WebLinkAbout95-02799
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JOHN A. PIOTROWSKI.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
Plalnti ff
v,
: CIVIL ACTION - LAW
STEVEN L. BEFORT and
CYNTHIA P. JENNINGS.BEFORT,
NO (/~'- ) 1(;9 (~..t'.i' -r;,4~
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Defendants
CONFESSION OF .lUDGMENT
Pursuanlto the aUlhority contained in the Warranl of AUomey contained in the
Note, a true and correct copy of which is altached as Exhibit A to the Complaint In
Confession of ludamentliled in this action, the undersigned hereby appears for the
Defendants and confesses judgment In favor of Plaintiff, John A, Piotrowski, and against
Defendants, Steven L, Befort and Cynthia 1', Jennings-Befort, In the following amount:
a,
Outstanding Principal Balance
$4,475,20
$4.52
b,
Accrued but Unpaid Interest
as of May 20. 1995
c,
Allomey's Commission (15%)
$671.96
d.
TOTAL
$5,151.68,
plus Interest accruing at the present rate of $1.13 per day from the date of judgment (which
interest rate shall be adjusted annually in July in accordance with the terms of the Note) and
costs of suit,
Respectfully submitted,
E ERT SEAMAN CIIERIN" MELLOn
~
One South Market Square Building
Harrisburg, pA 17101
(717) 237-6054
Attorneys for Defendants
DATED: May 23, 1995
CERTIFICATE OF RESIDENCE
We, allorneys for the plaintiff, certify as follows:
1. The preclsemalllngaddressofplalnliff.JohnA.Piotrowski.ls 6348 Soulh
Powderhorn Road, Mechanicsburg, Pennsylvania 17055,
2, The last known address of Steven L. Befort and Cynthia p, Jennings-Befort is
508 Woodcrest Drive, Mechanicsburg, Pennsylvania 17055,
EC ~RT SEAMANS IIERIN & MELLOri'
~ 1 /
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Sup t, I. ,#1933
Robin L. Barber, Esquire
Supreme Ct, 1.0, #67899
One South Market Square lIulldlng
Harrisburg. PA 17101
(717) 237-6054
Allorneys for Defendants
DATED: May 23, 1995
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JOHN A. I'IOTROWSKI,
: IN THE COURT 011 COMMON III.l!AS OP
: CUMDURLANIl COUNTY
l'lalnlirf
v,
: CIVIL ACTION - LAW
STEVEN L, DEFORT and
CYNTHIA p, JENNINGS-8EFOHT,
: NO. ., '. . ,..' l '1 " (: j 1 ,. " i 'I ,
Defcndants :
COMPLAINT IN CON."&'iSION Ot" JUIlGI\U:Nl'
Plaintiff. John A. PIOlrllWskl, by hl~ coun~c1, Eckert Scamans Chcrln &
Melloll, brln&1 the followln& complainlln confessiun of judllment allolnst J>efendanll, Stcven
L. Befort and Cynthia I', Jcnnlnlll-Ilcfurt:
I. Plaintiff I~ John A, PIOlrllwski, an lIdult IndlvldulIl ("l'llIlntlfr'), whuliC current
residence addrcss Is 6348 South Powderhorn 1(lIad, MedlRnlc~hllrl!, Pennsylvania 17{)~~,
2, J>efcndanls are Slevcn I.. Ilcfllrt and Cynthia 1'. Jcnnlng~-\Iefort, hu~hand and
wlfc (Individually and cullectlvely. "Uefendllnl~"), whOle ~'lIm'nl rcshlen~'e lIddress Is ~{)8
Woodcre~t J>rlve, Mcchanlc~burll, I'cnn~ylvllnill 17(}~~.
3, On June 15, 1991, Defendanls executed that certain Promissory Note (the
"Note") in favor of Plainllff, In which Defendanls jointly and severally promised to pay to
the order of Plaintiff the original principal amount of Ninetecn Thousand Dollars
($19,000,00). togethcr with interestthercon,
4, According to the terms of the Note, interest on the outstanding principal
balance shall accrue as follows: (a) commencing on July 15, 1991, and on the 15th day of
each month thereafter through and including June 15. 1992, the oUlstandlng principal balance
shall bear interest at a rate equal to ten and one-half percent (10 112 %) per annum and (b)
commencing on June 15, 1992, the outstanding principal balance shall bear interest at a
fluctuating rate of intcrest equal to York Bank and Trust Company's prime rate plus two
percent (2 %) per annum,
5. According to the terms of the Note, principal and interest shall be due and
payable by Defendants as follows: (a) commencing on July 15, 1991, and on the 15th day of
each month thereafter through and Including June 15, 1992, Defendants shall make monthly
payments In an amount equal to Four Hundred Eight and 38/100 Dollars ($408,38) and (b)
commencing on July 15, 1992, Defendants shall make monlhly payments In an amount to be
determined by Plaintiff as of each anniversary of Ihe Note, based llpon the then applicable
interest rate and the remaining amortization period, A trlle and correct copy of the Note is
attached to this Complaint as Exhibit A and Is incorporated herein by reference,
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6, Defendants are in dcfault of their obligatiolls under the terms of Ihe NOle as
follows:
(a) The mOlllhly paymenl of principal and Interesl due alld payable on May 15,
1995 was nol received by !'Ialntiff untll May 20, 1995; and
(b) Defendant, Steven 1.. Ilcforl, was terminated fmm employment with Specialty
Bakers, Inc, in March of 1 \)\).~.
7, Under Ihe terms of the Nole, Defelldllllls llulhuriled and
empowered Ihe Prolhonolary or clerk ur any allurney uf IIIIY COllrt of record to appear for
and confess judgmenllhereln against Defendants, or IIny Ill' Ihem, for Ihe amounl which from
the face of the NOle may appear 10 be due (or, If such IIn 1I1Iurney so eleclS, for the amounl
which may be due on Ihe Nole as evidenced by all uflldavil signed by I'lalnllff selling fOrlh
the amounllhen due), logelher wilh accrued Inlercst, llnallorney's commission in an amounl
equal 10 fifteen percenl (15 \IIi) of Ihe principal and Inleresl due Oil the Nole and costs of suit,
-3-
WHEREFORE, Plaintiff dcmands that judgmcnt bc cntcred In his favor and against
Defendants In the amount of SS,IS1.68, together with intcrest accruing at the present rate of
S 1.13 per day from the date of judgmcnt (which Interest rate shall be adjusted annually In
July in accordance with the terms of the Note) and costs of this suit, as authorized by the
warrant contained in the attached Notc,
Respectfully submiued,
E K~RT SEAMAN ~ fllERIN & MELWn
U I I
One South Market Square Building
Harrisburg, PA 17101
(717) 237-60S4
Allorncys for Plaintiff
DATED: May 23, 1995
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exhibit A.
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1'Il.QHIBBORY m'l
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Dat.1 Jun. 11. 1"1
The Undersigned (said term as used herein meaning all of the
persons by whom, or on whose behalf this note is signed) hereby
promisss to pay to the order of JOliN A. l'I01'ROWSJ<I (hereinafter
called "Piotrowski") at 450 South State Road, Haryeville,
Pennsylvania 17053 the sum of NINETEEN THOUSAND ($19,000.00)
DOLLARS, with interest thereon ae set forth hereinafter.
Commencing July 15, 1991, and on the 15th day of each month
thereafter through and including June 15, 1992, eaid principal
with interest at the rate of 10 1/2\ per annum shall be due and
Parable in monthly installments of Four Hundred Eight Dollars and
Th rty Eight Cents ($408.38). Effective June 15, 1992, the
remaining principal balance shall bear interest at the
fluctuating rate of interest of two percent (2\) above York Bank
and Trust Company's Prime Rate in effect on each Anniversary of
this obligation ("Anniversary" ehall mean for all purposs. herein
each successive June 15 or should June 15 be on a weekend or
bank holiday, the most ImmediatelY preceding bu.iness day). The
amount of the monthly payments due July 15, 1992 and on the 15th
day of each and every month thereafter through and including June
15, 1996, shall be established by Piotrowski as of each
Anniversary thereof during the remaining term of the loan.
Piotrowski will schsdule monthlr payments for the ensuing year
based upon the then applicable nterest rate and the remaining
amorthation period. "Prime Rate" is an annual percentage rate
periodically chosen and recorded by York Dank and 1'rust Company
as an index, at, above, or below which interest rates are
established for certain non-consumer loans. The Prime Rate i.
not necessarily York Bank and Trust Company's lowsst rate of
interest.
PRBPAYHINT8 - preparments may be made, in whole or in part
without penalty, on r as of an installment payment date, and each
such prepayment ehal equal the amount of principal inclUded in
one or more of the next consecutive Inetallments becoming due.
Anr SUch prepayment shall be applied on account of the unpaid
pr ncipal, and the number of installments payable hereunder shall
be correspondingly reduced but no such prepayment shall reduce
the amounts of the scheduled installments nor relieve the
Undersigned from paying a echeduled Instal1mont on each
installment payment date, until the unpaid prlnolpal with
intereet has been paid in full.
PAYMENT or COSTS - In addition to the prlrwlpal and Interest
payments speciflod above, tho Undorslgllod uhal1 pay to Piotrowski
or any other holder horoof, upcn demilnd, all COUt.1I and 8xpensee
(including reasonable attorneys' fees and logal expenses) which
may be incurred by Piotrowski or such holder in the enforcement
of this note.
CONFESSION OF JUDGMENT - The Undersigned hereby irrevocably
authorizes and empowers the prothonotary or clerk or any attorney
of any court of record to appear for and confess judgment therein
against the Undersigned, or any of them, for the amount which
from the face hereof may appear to be due hereon, (or, if such an
attorney so elects, for the amount which may be due hereon as
evidenced by an affidavit signed by Piotrowski setting forth the
amount then due) including accrued interest, plus 15' of such
principal and interest, but not less than $500, as an attorney's
commission, with costs of suit, release of errors, and without
right of appeal. If a copy hereof, verified by an affidavit,
shall have been filed in said proceeding, it shall not be
necessary to file the original as a warrant of attorney. The
Undersigned waives the right to any stay of execution and the
benefit of all exemption laws now or hereafter in effect. No
single exercise of the foregoing warrant and power to confess
jUdgment shall be deemed to exhaust the power, whether or not any
Buch exercise shall be held by any court to be invalid, voidable,
or void, but the power shall continue undiminished and may be
exercised from time to tims as often as the holder hereof shall
electr until all sums payable or that may become payable
hereunder by the Undersigned have been paid in full.
LIABILITIES - For all purposes of this note, the term
"Liabilities" means this note and any renewals, extensions and
modifications thereof and all other existing and future
liabilities, whether absolute or contingent, of the Undersigned,
or any of them, to Piotrowski of any nature whatsoever and out of
whatever transactions arising.
DEFAULTS - The Undersigned shall be in default hereunder upon the
occurrence of any of the following events I (a) the nonpayment
when due of any amount payable on any of the Liabilities, or the
failure of the Undersigned to observe or perform any agreement of
any nature whatsoever with piotrowski I (b) if the Undersigned
becomes insolvent or makes an assi9nment for the benefit of
creditors, or if any petition is filed by or against the
Undersigned under any provision of any law or statute alleging
that such Undersigned is insolvent or unable to pay debts as they
maturel (c) the entry of any judgment against the Undersigned or
the issuing of any attachment or garnishment against any property
of the Undersigned or the occurrence of any change in the
financial condition of the Undersigned which in the sole jUdgment
of piotrowski is materially adverse I (d) the termination of the
employment of steven 1,. Befort with Specialty Bakers, Inc.,
whether voluntary or involuntary or with or without cause I (e)
the death of the Undersigned who is a natural person I (f) any'
information heretofore or hereafter furnished to Piotrowski by
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the Undersigned in connection with the loan evidenced hereby or
any guaranty submitted in connection therewith should be
materially false; and (g) the failure of the Undersigned to
furnish such financial and other information as Piotrowski may
reasonably request.
ACCBLIRATION - Whenever the Undersigned shall be in default as
aforesaid, unless Piotrowski elects otherwise, the entire unpaid
amount of such of the Liabilities as are not then due and payable
shall become immediately due and payable without notice to or
demand on any Undersigned. The Undersigned waives all right to
stay of execution and exemption of property in any action to
enforce any of the Liabilities.
MISCBLLANBOUS - Any failure of Piotrowski to exercise any right
hereunder shall not be construed as a waiver of the right to
exercise the same or any other right at any other time. The
Undersigned shall be jointly and severally liable hereunder. The
Undersigned intend this to be a sealed instrument and to be
legally bound hereby. All issues arising hereunder shall be
governed by the laws of Pennsylvaniar without giving effect to
the principles thereof relating to conflict of laws, if any.
WITNESS I
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JQ N A. PIOTROWSKI
WITNESS I
UNDERSIGNED I
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STEVEN L. BEFORT ~
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JENNING!~~BE ORT
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IU1I01.0111181 rOR CQlfflllllOll, Ql_J.IlDQHmiT
We are C!KIlCUt.JncJ this ,'{\n\ day of ,,~.L... , 1991, a
Promi.aory Notll fDr Nllletoon 1~ousand (~19,OOO.00) Dollars
Obligating us to repay that amount.
It haa Lsen eKp1alnod to us that ths note contains wording
that would permit John A. Piotrowski to enter jUdgment against us
at the oourthouse, whllther 01- not lIaid note is in default,
without notioe to us and without oftsring us an opportunity to
detend aqainat the entry of jUdgment, and that the jUdgment may
be collected by any legal mOllns.
In executin'l the note, we lire knowin9ly, understandin'lly,
and voluntarily waiving our rights to resillt the entry at
jUd'lment B'lainst us at the courthouse, and are consentln'l to the
confeseion of jUdgment.
We certity that our annual income ellossde $101000.00, and we
reoeived I copy of said note at thp time of ellPcut on.
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WI'l'NESSI
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VEIUFICATION
I, John A, Piotrowski, an adult Individual. vcrify that the avermcnts of fact set
forth in the foregoing Complaint in Confession of Judgment ("Complainl") are true and
COlTllCtto the best of my knowledge. information and bellcf, and that the copy of the Note
atlached as Exhibit A to the Complainl is a true and correcl copy, 1 undersland Ihatlhis
Verification Is made subjecllo Ihe penalties of 18 Pa, C,S, I 4904, relaling to unsworn
falsification 10 authorities,
Daled: May 23, 1995
I
.J. .' Ii"'. i ./1
. John A. Piotrowski
JOHN A, PIOTROWSKI,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
Plaintiff
v,
: CIVIL ACTION - LAW
STEVEN L. BEFORT and
CYNTHIA p, JENNINGS-DEFORT,
. NO (I'~' j "/'1'1 ('",;1 Ti,..~
, ,
Defendants:
NOTICE OF ENTRV OF .IUIlGMENT
TO: Steven L. Befort
Cynthia p, Jennings-Befort
508 Woodcrest Drive
Mechanlcsburg, PA 17055
You are hereby notified that judgment by confession has been entered against
you and In favor of John A, Piotrowski on the .LuL day of May, 1995 In the above Court
at No, 1 ~'. ,) I 'i ~ for the following amount in connection with that certain Promissory Note
made by you on June 15, 1991, in the original principal amount of Nineteen Thousand
Dollars ($19,000,00):
a,
Outstanding Principal llalance
$4,475,20
$4,52
b,
Accrued but Unpaid Intcrest
as of May 20, 1995
c,
Attorney's Commission (15%)
$671.96
d,
TOTAL
$5,151.68,
plus interest accruing at the presenl rate of $1.13 per day from the date of judgment (which
Interest rate shall be adjusted annually in July in accordance with the terms of the Note) and
costs of suit,
Enclosed herewllh please nnd copies of all documenls OIed wilh the
Prothonotary In support of lhe confession of jud&menl.
Daled: May~, 1995
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I'rolhonotary
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JOHN A, PIOTROWSKI,
Plalnli ff
v,
STEVEN L. BEFORT and
CYNTHIA p, JENNINGS-BEFORT.
Defendanls
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: CIVIL ACTION - LAW
: NO. 95-2799 Civil Term
PRAECIPE TO SATISIi'Y JUDGMENT
TO: Prolhonolary
Cumberland Counly Court of Common Pleas
Please mark Ihe judgmenlln Ihe above-caplloned mailer "Sallsfied",
DATED: June 6, 1995
J:CKERT SEAMANS CIIERIN " MELLOTf
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'1~Il.l' . D'/t'tlt-L_
Christopher M, Cicconl, Esquire
Supreme Cl, I.D, #19331
Robin L. Barber, Esquire
Supreme Cl, I. D, #67899
One South Markel Square Building
Harrisburg, PA 17101
(717) 237-6054
Allorneys for Plainliff
ORIGINAL
CERTIFICATE OF SERVICE
1 hereby certify that I am this day serving a copy of the foregoing document
upon the person(s) and in the manner Indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same
In the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as
follows:
Steven L, Befort
Cynthia 1', Jennings-Befort
508 Woodcrest Drive
Mechanlcsburg, Pennsylvania 17055
ECKERT SEAMANS CIIERIN " MELL01T
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Christopher M, Clcconl, Esquire
Supreme CI. 1.0, #19331
Robin L. Barber, Esquire
Supreme Ct, 1.0, #67899
One South Market Square Building
Harrisburg, PA 17101
(717) 237-6054
Allomeys for Plaintiff
DATED: June 6, 1995
176141
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