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Hagerstown mayor files motion to vacate confessed judgment against him

Robert E. Bruchey: Affidavit gives no explanation of the history of payments or tally of late fees on the loan

October 16, 2012|By C.J. LOVELACE | cj.lovelace@herald-mail.com
  • Robert Bruchey II
Robert Bruchey II

After he was court ordered to repay an $80,000 debt in mid-August, Hagerstown Mayor Robert E. Bruchey II filed a motion to vacate the confessed judgment against him and has been granted a hearing in December for his lawsuit with a local businessman, property owner and landlord, according to Washington County Circuit Court documents.

Bruchey’s motion, signed and filed Sept. 20 on his own behalf, states that the affidavit for the confessed judgment that was signed by plaintiff Vincent R. Groh, president of Biltrite Homes Corp., is “neither dated nor acknowledged.”

Bruchey claims the confessed judgment affidavit gives no explanation of the history of payments or tally of late fees on the loan to determine if the amount owed is correct, and with incomplete figures, it makes the claim of 15 percent in attorney’s fees indeterminate as well, court documents show.

The hearing is scheduled for Dec. 7 at 10:30 a.m. A judge has not yet been assigned to the case, court documents show.

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“I do believe that I owe the plaintiff some money and I am willing to pay him the correct amount as to what he is owed. However, I am unable to determine the correct amount that I owe and request a hearing for the court to make this determination,” Bruchey wrote in his answer to the complaint and confession of judgment.

The original court order, signed Aug. 18 by Circuit Judge John H. McDowell, stated that Bruchey must pay back $80,714.05 for a 2008 loan on which Bruchey and the former owner of now-defunct Hagerstown Motors defaulted.

The amount Bruchey was ordered to pay in August included $55,191.04 in principal on a $60,000 loan, $16,979.76 in interest accrued as of July 31, plus $8,278.65 in attorney’s fees and late fees of $264.60.

A response to Bruchey’s motion and amended affidavit for judgment by confession was filed by Groh on Oct. 9, court documents show. In it, Groh addressed the issues raised in Bruchey’s motion to vacate, including an interest worksheet, a history of payments and a figure of $8,278.65 in attorney’s fees.

The amended affidavit states the amount still owed remains at $80,714.05.

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