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American Acquisition, LLC v. SPFF

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 8, 2009

AMERICAN ACQUISITION, LLC, PLAINTIFF
v.
SPFF, LLC AND SALVATORE T. PELLERITO, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner, United States District Judge

ORDER

AND NOW, this 8th day of January, 2009, upon consideration of the complaint for confession of judgment (Doc. 1)*fn1 on promissory notes (Doc. 1, Exs. 2, 5) and commercial guaranties (Doc. 1, Exs. 4, 6) executed by defendants, and of the notices of judgment (Docs. 5, 6) submitted by plaintiff for certification and issuance by the Clerk of Court, and it appearing that the complaint and exhibits attached thereto satisfy the requirements for entry of a confessed judgment under Rules 2951(b) and 2952 of the Pennsylvania Rules of Civil Procedure, see PA. R. CIV. P. 2951(b), 2952 (establishing pleading requirements for a complaint for confession of judgment):

1. The Clerk of Court is instructed to enter JUDGMENT in favor of plaintiff and against defendants in the amount of $2,342,592.02 based upon the following calculations:

a. On the promissory note (Doc. 1, Ex. 2) and commercial guaranty (Doc. 1, Ex. 4) dated October 6, 2005, the following amounts:

Principal$1,825,319.10 Interest to 12/30/08$23,282.59 Late charges$1,000.00 Costs of Suit$175.00 Attorney's Fees$184,860.16 JUDGMENT as of 12/30/08$2,034,636.85

b. On the promissory note (Doc. 1, Ex. 5) and commercial guaranty (Doc. 1, Ex. 6) dated April 12, 2006, the following amounts:

Principal$274,828.21 Interest to 12/30/08$4,470.71 Late charges$551.36 Costs of Suit$175.00 Attorney's Fees$27,929.89 JUDGMENT as of 12/30/08$307,955.17

2. The Clerk of Court is instructed to certify and transmit the notices of judgment (Docs. 5, 6), together with a copy of the judgment and this order, to defendants via first class mail at the addresses appearing in the notices. See PA. R. CIV. P. 236(a)(1).

3. The Clerk of Court is instructed to CLOSE this case.


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