HomeMy WebLinkAbout02-3945In The Court of Common Pleas of York County, Pennsylvania
LEBANON VALLEY FARMERS BK
LEBANON VALLEY NATL BANK
VS
DAVID MYERS
Case Number 1999 NO 03387 01
Case Type Conf. of Judgement
Certification of Docket Entries and Judgments
I, the undersigned Prothonotary of the Court of Common Pleas of York County,
Pennsylvania, do hereby certify that the following is a full, true and
correct copy of the docket entries in the above captioned case.
APPEARAI~CES
D 001 MYERS, DAVID UNREPRESENTED
4071 PINCHTOWN RD
THOMASVILLE PA
17364
P 001
LEBANON VALLEY FARMERS BANK
555 WILLOW ST POB 1285
LEBANON PA 17042
P 002
LEBANON VALLEY NATIONAL BANK
555 WILLOW ST POB 1285
LEB~NON PA 17042
LANDIS, SCOTT F
LANDIS, SCOTT F
DOCKET ENTRIES
1999/12/23
COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE
DATED 12/23/99 IN THE AMT OF 133,174.71
32.50
1999/12/23 AFFIDAVIT RE: NON-CONSUMER CREDIT TRANSACTION
0.00
1999/12/23 JUDGT CONFESSED PURSUANT TO WARRANT OF ATTY
0.00
1999/12/23 CERTIFICATE OF RESIDENCE 0.00
DOCKET ENTRIES
1999/12/23
1999/12/23
AFFIDAVIT
OF BUSINESS PURPOSE
NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED
0.00
0.00
THIS RECORD: 15.75
TOTAL AMT.: 48.25
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LEBANON VALLEY FARMERS BANK
as Successor In Interest to
LEBANON VALLEY NATIONAL BANK,
DAVID MYERS,
Plaintiff
VS.
Defendant
No.C
03387
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a tree and correct copy of
which is attached to the Complaint filed in this action as Exhibit "A", I hereby appear for
Defendant, David Myers, and confess judgment in favor of Plaintiff, and against Defendant, as
follows:
Principal ........................................................................ $129,404.12
Interest ~ $30.73 per diem through 12/21/99 ....................... 3,381.36
Late Fees ........................................................................ 389.23
TOTAL .......................................................... $133,174.71
plus continuing interest accruing after December 21, 1999 at a rate of $30.73 per diem,
plus reasonable attorneys' fees and costs.
BARLEY, SNYDER4 SENFT & COHE/~ LLC~;-~'
~cott F. Landis, Esquire
Attorneys for Defendant
Court I.D. No. 69798
I26 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
CLW/860473.1
~ Sta~ N. Oa~, ~onot~ TM
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
CiVIL ACTION - LAW
LEBANON VALLEY FARMERS BANK
as Successor In Interest to
LEBANON VALLEY NATIONAL BANK,
DAVID MYERS,
)
)
)
)
Plaintiff )
)
vs. ) No.
)
)
)
Defendant )
COMPLAINT FOR CONFESSION OF JUDGMENT
Plaintiff, Lebanon Valley Farmers Bank as Successor in interest to Lebanon Valley
National Bank, files this Complaint pursuant to Pa. R.C.P. §295 l (b) for judgment by confession
and avers the following:
1. Plaintiff, Lebanon Valle3, Fam,.e~ Bank as Successor in interest to Lebanon
Valley National Bank, is a Pennsylvania banking corporation with a principal location of 555
Willow Street, P.O. Box 1285, Lebanon, Pennsylvania t 7042.
2. Defendant, David Myers, is an adult individual, with a last known address of
407IPinchtoxvn Road, Thomasville, Pennsylvania 17364.
3. On or about May 8, 1997, Defendant borrowed from Plaintiff the amount of
$138,540.00, plus interest at a rate of 8.55%, evidenced by a Promisso~ Note (the "Note"). A
true and correct copy of the Note is attached hereto, made a part hereof and marked as Exhibit
4. The Note authorizes confession of judgment against Defendant, for all amounts
due under the Note, plus reasonable attorneys' fees, plus costs.
5. As of December 21, 1999, there remained due and owing to Plaintiff from
Defendant an unpaid balance on the Note in the mount of $133,174.71, consisting of a principal
balance of $129,404.12, interest in the amount of $3,381.36 and late charges in the amount of
$389.23. Interest continues at the per diem rate of $30.73. An affidavit verifying the amount
due and owing to Plaintiff is attached hereto, made a part hereof and marked as Exhibit "B."
6. Plaintiff has demanded payment from Defendant but despite this demand
Defendant has refused and continues to refuse to make payment.
7. The Note has not been assigned.
8. No prior judgment has been entered on the Note in any jurisdiction.
9. Judgment is not being entered by Confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE, Plaintiff, Lebanon Valley Farmers Bank as Successor in interest to
Lebanon Valley National Bank, demands judgment against Defendant, David Myers, in the
amount of $133,174:71, plus continuing interest at the rate of $30.73 per diem from December
21, 1999, plus reasonable attorneys' fees and costs.
Date:
CLW/860~73.1
BARLEY, SNYDER, SENFT & COHEN, LLC
By:
Scott F. Landis, Esquire
Attorneys for Plaintiff
Court I.D. No. 69798
t26 East King Street
Lancaster, PA 17602-2893
(717) 299-$201
DAVID I"IYER$
IBO NIINE BANK ROAD
WELLSVILLE, PA 17'~6S
LEBANON VALLEY NATIONAl. BANK
555 WILLOW STRE£T
LEBANON, PA 17046
Principal Amount: $138,540.00 Interest ~ 8.550% Date of Note: Nay 8, 1997
PROI'tlBE TO PAY. DAVID J"IYER~ ('Borrower") promises ro pay to L£I~N VALLEY NATIONAL BANK ("Lender"), o¢ order, in lawful money
of the United States of America, the princt~l amount of One Hundm~l l'birty Eil~t Thousand Five Hundred Forty 8C 00/100 Doilaxs
($1 ~8,540.00), together wi~ interes: ac ~e ra~e alr B.SS0% per annum aa a,,.tm~id principal balance from Hay B, 1997, undl paid in FUlL
PAYI'4ENT. Borrower will pay this loan in accordance with ~e following paW~me~s~edule:
PRINCIPAL PAYABLE [lq 8:~ EC~UAL I-IONTHLY INSTALL~ OF S350.00 PLUS INTEREST, COI~I'tENCING ONE iHONTH
FOLLOWING CLOSING (OR ON SUCI-i OTHER DAY ~ LDJDEP, AND BORROW£R CAN NIUTLIALLY AGR££} AND
CONTINUING ON THE SANE DAY OF EACH HONTH ~ AND IN ONE FINAL tNSTALLI-IENT OF ALL REI'tAINING
PRINCIPAL PLUS ACCRUED INTEREST THEN OUTSTANDING ON AUGUST 1 B, 2004. ADDITIONAL PRINCIPAL PAYI'tENTS
TO BE NtADE ON AUGUST 15 OF EVERY Y,~AR (STAR.'J'~ 1998) IN THE AIHOUNT OF SS,D00.00 AND A $10,':OO.00
PRINCIPAL PAYI'IENT (STARTING 12/31/97) AND EVERY ~ THERF. AFT£1C TH£ INTEREST RATE IS FIX£D AT 8.5£%
FOR THE FIRST FIVE Y£AR5 AND THEN TO BE RESET FOR THE~AINING
Interest on this Note is computed on a B~I:3~0 simple interest basis; thalis, l~/applying the ratio of the annual interest rate over a year of'3Ba days.
mutl~plied Joy the outstanclJng pr~eeipal balance, multiplied ~y the actual demur of days the pnn¢ipal balaeee is outstanding. Borrower will pay L.~nder
PRF. PAYI'tENT PENALTY. Upon orepayment of chis Note, Lender is entided m the following I~repayment penalty: The Borrower shall have the
rigt~t co I~repay ail ar any ~:ordon of the arinci~al of the loan at any dine and .~ dine-co-dine ~ravided chat, if' the lean is I~repald it' Full or in
I~art, the Borrower shall Day a Dreoaymem charge equal ~o 10% of the amou~so pre0aid. This charge will be reduced idb, ~q.b each of the last
four yea~ of the ,qxed ~te term. ~'¢cept for the forec.;oing. Borrower mat pay all or a portion of the amount owed earlier than it is due. ~any
schedule. ~ather, they will reduce the principal balance due and may msullin J~crrower making !ewsr payments.
LATE GHARGE. Ifa payment s I 0 days or more late, Borrower will be t,i',~,d~-d S.O00% of :he reg-Jlariy scheduled payment or $10.00, whichever
DEFAULT. ~orr, ower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. b Borrower I=reaks any
any loan. me,,ensicn of credit, sesurib/ agreement, purshase ar sales agree, nmi. ar any other agreement, in favor of Bey other creditor ar person that
may matehally affect shy af Borrower's properly or c~orrower's chiliS/ to ~ this Note or perform Borrower'S o~llga~ions under this Nato ar any of the
~eisted Oecumenrs. (d) Any r~preeentation or statement made or furnisherl I~ L~nPer ~y ~orrower ar on ~orr¢',ver's behalf is false or misleading in any
any Jaenkrupto'/ or insolvency la'vs. (f} Any sr~ditor tr~es fo t~k~ shy of l~r's gropefty on or in which L~nder has a lien or security interest. This
includes a garnishment of any of ~orrower's aCcounts with Lsnder. (g) Antm' the events desc.'iiasd in this default section occurs with respest to any
If any default, omer :hah a default in payment, is curai=le snd it Borrower ~as not been given it notice of ~t br~.~.ch of the same orovisian of this
Lender demanding :ur~ of such default: (a) eures the dsfault within scciy (1~1'I days; or (b) if th~ cure reguir~s mor~ than s~cl,/(~O) days,
DISHONORED ITEi'~ FEE. Borrower will pay a fee to Lsnder of S~.0q,~ a payment on Borrower's loan and the check
preauthorized charge ,.vith which Borrower pays is later dishonored. : (} I . 7 !; !
RIGHT OF SETOFF. Borrower grants to Lender a contractual passesao¥ se:uri~ in~:-r~st'in/, an,'+ here~y assigns, ¢c~nveys. Palivers,
o5-o8-1997 PROMISSORY NOTE
Loan No 9958-9 (Continued)
GEN£R.AL PROVISIONS. Lenc~er ,'nay ctme. y ~ faro enfo~ ~ ~ i~ ~h~ ~ ~m~l~ un~ ~ N~ w~a~ ~ng ~em. ~o~wm ana
~ o~on who ~,~. g~n~ ~ ~d~ ~ ~, ~ ~ ~ ~ by law, w~ g~e~ de.nd ~ ~ay~, ~r~ ~d n~ C
d~honor. Upon ~ ~ange in the t~ ~ ~ NO~, ~d un~ ~ ~ ~ in ~, no p~ who ~ t~ NO~ wheth~ ~ ~
for any leah of ~) ~ I~n, or ~ a~ ~ ~ g~ ~ ~ or imp~r, ~ ~ ~ upon or p~ ~nd~s ~ i~ in th
c=l~te~; and ~e ~y other a~on d~m~ n~_~ ~y ~nd~ ~o~ t~ co~ of or nofl~ to ~ne. NI s~ p~ ~o a~ that
may mod~ this ~n ~thout the ~nt of ~ n~ to anyone oth~ than ~e p~ wi~ whom the mo~on ~s ~ If any po~on ~ thio No~ i
for ~y ~on ~e~n~ to ~e unenf~ ~ w~l not a~ ~ enf~ ~ a~ oth~ pm~io~ of th~
CONFUSION OF ~U~HENT. ~ORR~ H~Y ]RR~O~LY A~ORI~S AND EMPQW~S A~ A~ORN~ OR ~E ~N~AR'
OR C~K OF A~ C~U~ IN ~E COMMO~L~ OF ~N~VAN~. OR ~S~H~E, TO APP~R AT A~ ~ME FOR 8ORROW~ A~
A DEFAULT UN~ ~HIS N~. AND W~ OR WI~G~ COM~I~ ~O, ~ OF A~ ~M, C~N~SS OR E~ JUDGME~ A~IN~
B~ROWER F~R ~E E~RE PRINCZP~ ~NCE OF ~IS NO~. ~ ACCRU~ ~E~, ~ C~S, ~O ~ AND ~ AMOUr:
~PENOED OR AOVAN~D 5y ~ND~ R~NG TO A~ CG~L SECURIN~ ~IS N~ ~G~ER W~ INYE~E~ ON
AMOUr, TOG~ WI~ CO~S OF SU~, ~D AN A~RN~S COMMISSION CF ~N P~CE~ (10%) OF ~E UNPAID ~INC~PA
B~N~ AND AC~UED I~E~ F~R CO~ON, B~ ~N A~ ~ N~ ~S~ ~N F~ HUNDR~ D~RS (~) ON WHIC:
JUOGME~ OR JUDGME~S ONE OR MCRE ~C~ONS MAY ISSUE IMMEDIACy; AND FOR SO OOING. ~IS N~ OR A CO~ OF ~1~
N~ V~I~ED ~Y A~OAV~ S~ BE SU~CIE~ w~. ~E A~CR~ ~ IN ~IS ~ TO CON.SS JUDGME~
A~IN~ BORROW~ SHA~ N~ BE ~HAU~ BY A~ ~CI~E OF ~T A~CR~, B~ S~ CO~NUE ~CM ~ME TC ~ME
AT A~ ~MES U~L PAYME~ iN ~ CF A~ AMCU~ DUE UND~ ~IS N~. BORROW~ H~ WAI~S ANY RIG~
MAY ~ TO NG~CE OR TO A H~RING IN CONNE~ON W~ ANY SUCH CON~SStCN OF JUQGM~, ~ A~ NO~CE AND/C~
H~RING REQUIR~ UND~q AP~8~ ~W W~ RESPE~ TO ~C~CN OF ~E JUDGME~, AND ~A~S ~AT E~E~
REPRESE~A~ CF ~NDER SPECiFICity ~D ~IS CON~SSION CF JUDGME~ PRC~SICN TO 9CRROWER'S A~N~QN C~
BCRRCWER HAS B~N REPRESE~D BY INDE~NOE~ ~ CCUNSE~
PRIOR TO SIGN~G ~lS NO~, BORROWER ~D AND ~DE~OOD ALL ~E PROVISIONS OF ~lS NO~ BORROWER AGRS~ TO
~E ~RH5 OF ~E NOTE AND AC~NOWLE~ ~EC~i~ OF A COHPL~D COPY OF ~E NOT~.
~ NO~ HAS BE~ S~GNED ~D S~ED ~Y ~E ~DE~IGNED.
BORROWER:
(SEAL)
Signed, acknowledged .~n~,~v~.d//e
X
Witness
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LEBANON VALLEY FARMERS BANK
as Successor In Interest to
LEBANON VALLEY NATIONAL BANK,
DAVI~ MYERS,
Plaintiff
VS.
Defendant
AFFIDAVIT
I, Clint M. Miller, Vice President/Loan Review of Fulton Financial Corporation for
Lebanon Valley Farmers Bank, hereby certify that the following is a tree and correct statement of
the outstanding balance as of aecembor 21 ,1999 due Plaintiff from Defendant in
accordance with the Complaint:
Principal ........................................................................ $12g, aa a. 12
Interest ~ $ 3o. 73per diem through 12/2 ~/99 .....................
Late Fees ........................................................................ 3s~. 23
TOTAL .......................................................... $ ~33,q?a.?q
plus continuing interest accruing after 0ecemb er 2~, 1999 at a rate of $ 30. ?3per diem,
plus reasonable attorneys' fees and costs.
This Affidavit is made subject ro the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Dated:
Clint M. Miller
Lebanon Valley Farmers Bank
as Successor in interest to
Lebanon Valley National Bank
VS.
David Myers
VERIFICATION
I, Clint M. Miller, Vice President/Loan Review of Fulton Financial Corporation for
Lebanon Valley Farmers Bank, verify that the facts set forth in the foregoing Complaint are true
and correct to the best of my knowledge, information and belief.
To the extent that any of the averments in the foregoing document are based upon the
understanding or application of law, I have relied upon counsel in making this Verification.
This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to
unswom falsificatiOn to authorities.
Dated:
Clint M. Miller
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LEBANON VALLEY FARMERS BANK
as Successor In Interest to
LEBANON VALLEY NATIONAL BANK,
Plaintiff
VS.
DAVID MYERS,
Defendant
No.
CERTIFICATE OF RESIDENCE
I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge,
information and belief that the name and current address of each party is as follows:
1. The precise address of Plaintiff, Lebanon Valley Farmers Bank as Successor in
interest to Lebanon Valley National Bank, is 555 Willow Street, P.O. Box 1285, Lebanon,
Pennsylvania 17042.
2. The last known address of Defendant, David Myers, is 4071Pinchtown Road,
Thomasville, Pennsylvania 17364.
Date:
:
/
BARLEY, SNYD~R, SENFT & CQtJEN, L.L~
~cott F. Landis, Esquire
A~omeys for Plaintiff
Cou~ LD. No. 69798
126 E~t King Street
Lancaster, PA 17602-2893
(717) 299-5201
IN THE COURT OF COMMON PLEAS OF
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LEBANON VALLEY FARMERS BANK
as Successor In Interest to
LEBANON VALLEY NATIONAL BANK,
Plaintiff
VS.
DAVID MYERS,
Defendant
AFFIDAVIT OF BUSINESS PURPOSE
I, Scott F. Landis, Attorney for Plaintiff, being duly sworn according to law, depose ~t >
say that the Note which is the subject matter of this Complaint for Confession of Judgment for
money damages was entered into solely for business purposes, and not for the purpose of any
personal, household, family or residential uses.
Sworn to and subscribed :
before me this ~57~c~/-~/ day :
of 1999 :
otary P 1 :
CLW/860473.1
NOTARIAL SEAL
MARSHA K. GAST, Notary Public ~
~ anc~ster City, Lancaster County, PA[
! ~y ~,ommission Expires Ju~y 8, 2000]
BARLEY, SNYDE, R, SENFT & COHEN, LLC
S~)tt IF. LanEis, L~quire ?
Attorney for Plaintiff
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF YORK COUNTY
Stacia N. Gates, Prothonotary
YORK, PENNSYLVANIA
TO:
David Myers
4071 Pinchtown Road
Thomasville, PA 17364
RE: LEBANON VALLEY FAMERS BANK
as Successor in Interest to LEBANON
VALLEY NATIONAL BANK, Plaintiff
VS.
DAVID MYERS, Defendant
NO.
You are hereby notified pursuant to requirements of Pennsylvania Civil Procedural Rule//236
thaton~Q ~ . 10/Q~ ,ajudgmentbyconfes. sion has been emered in the Court of
Common Pleas of York County to Docket No. against David Myers, Defendant, in the
amount of $133,174.71.
File
STACIA N. GATES, Prothonotary
{~/B/eputy
V$
Defendant(s)
NOTICE OF FILING JUDGEMENT
Notice is hereby given that a
In the above-captioned matter has'been entered against you in the amount of
on _('~c--er~vDor- 7_.~ , 19~-tQ.
A copy of all documents filed with the Prothonotary in support of the within judgement is/m-e enclosed.
Prothonotary Civil Divlsidn
by: (~
If you have any questions regarding this Notice, please contact the filing party:
NAME:
ADDRESS:
TELEPHONE NUMBER:(J' 35
(This Notice is given in accordance with Pa. R.C.P. 236.)
NOTICE Sc~T TO:
NAME
i%
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LEBANON VALLEY FARMERS BANK
as Successor In Interest to
LEBANON VALLEY NATIONAL BANK,
Plaimiff
VS.
DAVID MYERS,
Defendant
CERTIFICATE OF RESIDENCE
I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge,
information and belief that the name and current address of each party is as follows:
1. The precise address of Plaintiff, Lebanon Valley Farmers Bank as Successor in
interest to Lebanon Valley National Bank, is 555 Willow Street, P.O. Box 1285, Lebanon,
Pennsylvania 17042.
2. The last known address of Defendant, David Myers, is 4071Pinchtown Road,
Thomasville, Pennsylvania 17364.
Date:
Scott F. Landis, Esquire
Attorneys for Plaintiff
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
CLW/860473.1