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Home My WebLink About96-00382 -J. - No. 9~ -,3t6;; Civil Term {J~"'AI -&fA ~. VS. /~I~ #~~ Court of Common Pleas Cumbo Co. PEIRCE-PHELPS, INC. Plaintiff v. CHAD HAZAM Defendant TO THE PROTHONOTARY: In the Court of COMMON PLEAS of CUMBERLAND County NO. 96-382 CIVIL PRAECIPE Plesse msrk the above-captioned matter as settled and satisfied in full. TO Cumberlsnd County Prothonotary Dated: March 7. 1996 Attorney for Plaintiff ii; l.D U"' -::-:: ~~ (.";.) , .' ~)M ~I-' :):';, :ire, ;:;:: .._~ ~~. ~J ::J ~-.....! .:;.~ :-::;-; U_;l~ (: iLD G:1: " . :~. ....': tl. lD -., C G' !.) ! - ~ ~I)- - , ~ ':I- '1 Ol F: ~: ~ ,-" - ... f{i .. .~ ..::' '~eo:r' --< "- C)f>-i i:;: <.y " ." ~ ~: ("": ~:; . ..'I' . ~ ,- , >(1. ....... '" .... (I) C. lI!", :;.. t.~l;~.; r-: ..; ,) ~j r.i !~} It. ..... ~.. Q I f{ L:"l -' '1) C ::i c-, (.) 0-. It:> <; ~ ~ 101 .... a= III ) 1"'1 Co ..:I>'l $ B 0 . 11< III U U ~~ j1 ~ c: ~ ! c:: . z . ~~ :a: GI ~ :II: ~ !;: ~J . e. u Ia~Z~=- ~~ ~ ro ~ 0 ~ ~ II ~ ::l . .., Q:II: ~ Ii Ii !,{ .IW ~ .. ~8 IIlIW c:: IW ~ Oll 15 ~ ci :> 101"" 11<.... III 0 ja.~~': .. ~ ~Q ~'" ..:I~ ro .. IIilC ~; C a. z .. 8:=! >. lZI.... 0 ;;l , oil :::..9 11< III NIW .... Z = ..:I 11"'1 , G!j~ III :II: 1Iilc:r: ..:10' IIilI1< I> III 1ZI11il U GI &<lll 101 c:r: ~ IW ~B > . 101 C 1010 IIil 0 UZ 11< U . .. . " . . I"" O"IC '''u, KNIll.,. ..\:. I\.O"I\.K. I..... C '\1\11 It II , ..'''.....'0... "'Ill ""IU f.. 11'1'" ... le, I I ,. 11 ,1111 \. III'." If '\IIU'''II' Iff.. ,. '\ 11'111$ '"'1$ BJH P-PIHAZAM.CJ1:01/24/96 PEIRCE-PHELPS, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q III - '3 g.). e.;v~ ,::r.,\.fW'J v. CHAD HAZAM CIVIL DIVISION - LAW CONFESSED JUDGMENT Defendant CONFESSION OF JUDGMENT Pursusnt to the authority contsinad in the warrant of authority, a trua and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess Judgment in favor of Plaintiff and against Defendant as follows: Principal Amount Due $ 29,484.00 $ Interest Amount Due Attornsy Collection Fees $ 4.422,60 $ 33,906,60 TOTAL Judgment entered as above, Robert D. Kodak, Esquire Attorney for Defendant Supreme Court I.D. No, 18041 :;J;.........."'" !:, 1J.iLk.:.../ Prothonotary .s '(->, BJH P-PlHAZAM.CJ1:Ol/24/96 PEIRCE.PHELPS, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL DIVISION. LAW CONFESSED JUDGMENT CHAD HAZAM Defendant CONFESSED JUDGMENT COMPLAINT Plaintiff files this Complaint pursusnt to Pa, R.C,P. No. 2951 (bl for Confession of Judgment and avers the following: 1. Plaintiff is PEIRCE-PHELPS, INC., a corporation duly organized and existing under the Isws of the State of Delaware, with its principal office and place of business at 2000 North 59th Street, Philadelphia, Pennsylvania 19131. 2. Defendsnt is Chad Hazam who msintsins a rasidence at 900 McCormick Road, Mechsnicsburg, PA 17055, 3. In an effort to induce Plaintiff to extend credit to a business known and operating as Riverview Leasing, Inc., Inc, t/a Rent America, on or about April 6, 1992, Defendant did execute an Agreement of Surety thereby guaranteeing psyment in full of any default amounts by said Riverview Leasing, Inc., d/b/a Rent America. 4, Attached hereto at Exhibit "A" and made a part hereof is a true and correct copy of the original surety instrument duly executed by Defendant. 2 BJH P-PIHAZAM.CJ1:01/24/96 6. The attached Instrumsnt has not been esslgned, 6. Judgment is being slmultsneously entered on the attached Instrument In the Court of Common Pleas of Dauphin County, Pennsylvania. 7. Ths Defendsnt Is Indebted to Plslntlff In the smount of $29,484.00 for the purchase of numerous Items of Inventory from Plsintlff by Rlverview Leasing, Inc. d/b/a Rent America for which no payment has been received when due and payable, all of which constitutes a default thereunder whereby Plaintiff exercises its option to declare the entire balance covered by the within Instrument immediately due and payable. 8. In spite of Plsintiff's frequent demands, the Defendant continues in default under the aforesaid obligstions. 9. By virtue of ths foregoing, the Defendsnt Is Indebted to the Plaintiff as follows: Principal Amount Due Interest Amount Due Attorney Collection Fees TOTAL $ 29,484.00 $ $ 4.422,60 $ 33,906,60 3 BJH P-P:HAZAM.CJ1:01/24/96 10. By reason of Defendant's guarantee to Plaintiff In the full amount of the Indebtedness to Plaintiff, all of which appears by reference to the attached Instrument, and by reason of Defendant's default, Plaintiff Is entitled to Judgment against the Defendant In the sum of $33,906.60. WHEREFORE, Plaintiff demands Judgment In the sum of $33,906.60, plus Interest thereon from the date of Judgment as authorized by the warrant appesrlng in the attached Instrument. Respectfully submitted, Robert D. Kodsk Attorney for Plslntiff 407 North Front Street Post Office Box #11848 Hsrrisburg, PA 17108-1848 (717) 238-7151 Attorney 1.0, No, 18041 4 J,' '. ; ~~ , . VBRIPICATIOH I, J. SCOTT BRUNNER, Branch Credit Manager of PEIRCE-PHELPS, INC., verify that the statements made in the foregoing document are true and correct. I understand that false statements herein al;'e made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. DATED: 1/24/96 PEIRCE-PHELPS, INC. v~ '.'''._M_.' I TO: P,irc, Ph,lps, Inc. 2000 North 59th St.I.1 PhUldllphll, Ptnnl. 19131 Gentlemln: To InducI you. It your option. from IIml to time, to Ixtlnd credil. make advanc.., 1111 goodl and I"vlc.. or either of them, wholly or partially on opln account, deliver good, and/or otherwl.. Illume obllgallons under whal...I. lloor pl.n Irranglment.. or athlrwl.. to do buslne" with. or to "nlW or Ixtlnd any oblIgatIon 01 RIVERVIEW LE/lSING 0/0//1 REN'r /lMERIC/I [hlrelnlfter cllled Principal], the Undlr,lgned (and 'Ich of them, jOlnlly and IIvlrally. If more than one) hereby warrlnt. and gUlrant..., absolutlly and uncondlllonally. .. .urety. that Principal will fully, promptly, .nd faithfully perform. ply. Ind dlsch.rgl .11 0' Principal'. prllent .nd lutu" obligations to you. Including but not limited to obllgltion. .rlllng out 0' Iny of the foregoing method. of translCllng bu.ln.... Ind III other indebtedn... Ind obligations of every kind which Is now or may hereafter become due or owing to you by Principii, In wh.tever form II may be evldlnced.lnd whether or not It may be Itcured, together with an)' and .11 COlt., Ind e.pen," which m.y be Incurred by you by r'lIon of Prlnclpal's default. The .mount of the Under,lgnld', liability hereunder ,hall not exceed S 4n linn nn . The Undersigned her'by wllve, notice of accept.nc, 01 this .greement. or suretYShip. III notlc.. 0' .ny and.lI date relaUng to datil. amounts, quantities, terms, sale, or delivery 01 goods or ..rvices. or either 0' them. whether wholly or partially on open account. floor plan. or otherwise, and all notice 0' defaults by the Principal. The Undersigned hereby agrees that you may. In your discretion, at any time. or from time to Ume. without notice to or consent of the Undersigned, .nd without thereby affecting In any way the liability of the Undersigned hereunder: (1) extend or change Ihe time for paymenl. and/or the minner, plael, or terms 0' payment of III or any part of Principal's Indebtedness to you or any renewals thereof; (2) compound. compromise, and adlust any claim, with Principal, or grant any Indulgence whatsoever. obtain other sureties and/or other security; (3) lend. extend. or advance credit or otherwise deliver goods .nd services 10 Principal beyond the prinCipal sum 01 this suretyship aoreemenl. In which event no payment which may be received on account of Principal's Indebtedness to you shall be applied In reduction of the liability hereunder until after payment and satisfaction of alllndebledness beyond the principal sum of this agreement: and (4) Sill .ny collatera' at public or private sale. The Undersigned" obligations hereunder are continuing and shall remain In full force and effecl until written notice shall have been actuall)' received by you from Ihe Undersigned that it has been revoked by the Undersigned. the receipt of which can only be shown by a post office registry return receipt which shall be the only and concluslYl evidence. but such revocation shall not release the Undersigned from any liability as to any Indebledness orobllgaUons Incurred prior to the receipt of such notice, or from any liability for goods and/or services sold and/or delivered subse. quent to thtf receipt of the written revocation pursuant to any agreement 10 do so entered into between you and Principal prior to receipt of such nollce of revocation. No change in the firm or status of Principal, whether caused by death, or by the addition or withdrewal 0' an)' member or members, or Iny chlnge 01 officers, directors. or shareholders. shall Impair this agreement. It thlslgreement Is executed by two or more parties, It shall be the joint and IIveral obligation of all such parties. and shall not be revoked or Impaired al to any by the death of all or any. or by the rl\ocallon or reltlse of Iny obligations hereunder. by or against all or any of such other parties. The UndersIgned. their heirs. personal representa. tives. succelSors, and assigns. Intend to be legally bound hereby. this is Intended to be In agreement of suretyship to be construed under the laws of Pennsylvania. The Undersigned hereby empower(s) the Prothonotary or any allorney of any court of record to appear for the undersigned and confess Judgment against the undersigned for any sum or sums which may be or become due or owing to you by the undersigned under the provisions 01 this agreement. with costs of suit. IS" attorney's collection charge, rele..e of all errors. wllhout stay 01 execution, waiving Inquisition. r;ondemnaUon. and exemption. and wilh authority to enter Judgment. upon a true and correct copy 0' Ihls agreement and without requiring the filing of the original. without exhaustion, as often as may be required to effect recovery of all sums at any time due and owing. In case of the failure of Principal or any of the Undersigned to pay when payable any sum owing by the Principal or any 01 the Undersigned to you, or of thllinsolvency or failure In business of the Principal or Iny of the Undersigned. or In the event of proceedings under an)' secUon of the Bankruptcy Act or of . petition for I receiver In any court by or Igalnst the Principal. or any of the Undersigned, or that a judgment be entered aoalnst any of Ihem or I writ 0' IU.chment or execution be Issued againslany of Ihem. or against an)' property of any 01 them. then the Undersigned's obligations hereunder shall be deemed to ~, Immediately due and payable and the liability 01 the UnderSigned here. under shalllccrue. all without demand or nollce. The undersigned further egrees to reimburse you on demand for all eJlpenses. COSls, and other chlrges. Including reasonable attorneys' fees, Incurred by you In order 10 enlorce the prOYlsions 01 this Agreement and 10 collectlhe indebtedness guaranteed hereunder. AGREEMENT OF SURETY WITNESr. the h.nd(.) Ind .e.I(.) of the Undersigned Ihls_ _dlY 01 ,I~___. Sworn to and subscribed before me Ihl~~ dlYo! \'-.:t''--\ .19l\~ ~ V\.o......." (SEAL) m Signature of Individual (SEAL) Signature of Individual (SEAL) -, AOS.I Signature 01 IndiVidual (SEAL)