The URL can be used to link to this page

Home My WebLink About02-4844WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CONFESSION OF JUDGMENT BY WILLIAM D. KERR AND CHARLOTTE E. KERR AGAINST JEFFREY L. COY Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the complaint filed in this action, the undersigned appears for the defendant and confesses judgment in favor of the plaintiffs and against defendant in the total amount of$113,013.75, itemized as follows: Principal Interest accrued from May 1, 2001 through September 1, 2002 Interest accrued from September 2, 2002 through October 1, 2002 $100,000.00 $ 12,520.55 $ 493.20, plus interest accruing at the rate of $16.44 per day alter October 1, 2002 and all costs of this action. Prothoont~ar~ of ~i'~'~e}'lan~2ounty Appearing herein for the Defendant :306428 _1 WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs Vo JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DocketNo. D~- ~'4~ ~ COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, this ~ day of October, 2002, WILLIAM D. KERR and CHARLOTTE E. KERR file the following Complaint in Confession of Judgment against JEFFREY L. COX: 1. Plaintiffs are adult individuals who are husband and wife residing at 956 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is an adult individual residing at 853 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On or about May 1, 2001, Defendant executed and delivered to Plaintiffs a Promissory Note prepared by Defendant, promising to pay to the order of Plaintiffs, their heirs and assigns, the principal sum of One Hundred Thousand Dollars ($100,000.00) together with interest thereon at the rate of 10% per annum on September 1, 2002. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and made a part hereof (the "Note"). 4. Entry of Judgment by Confession is not sought in connection with a consumer credit transaction. 5. Plaintiffs have not assigned the Note. this Complaint. Plaintiffs have not entered Judgment on the Note prior to filing 7. The Indebtedness evidenced by the Note and owed by Defendant to Plaintiffs was due and payable on September 1, 2002. Plaintiff did not make any payment of such Indebtedness, despite Plaintiffs' demand for payment thereof. 8. The total amount due under the Note as of October 1, 2002, is $113,013.75, which is computed as follows: Principal Interest accrued from May 1, 2001 through September 1, 2002 Interest accrued from September 2, 2002 through October 1, 2002 SI00,000.00 12,520.55 493.20 Total $113,013.75 Interest continues to accrue at the rate of $16.44 per day after October 1, 2002. -2- WHEREFORE, on the basis of the confession of judgment clause contained in the Note, Plaintiffs hereby demand judgment in their favor and against Defendant in the amount of $113,013.74, plus interest accruing at the rate of $16.44 per day after October 1, 2002 and all costs of this action. Respectfully submitted, Lloyd/R. Persun, Esquire Supreme Court I.D. No. 10139 John F. Yaninek, Esquire Supreme Court I.D. No. 55741 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (Fax) Charles E. Shields, III, Esquire Supreme Court I.D. No. 38513 6 Clouser Road Mechanicsburg, PA 17055 (717) 766-0209 Attorneys for Plaintiffs -3- Exhibit A PROMISSORY NOTE May 1, 2001 As set forth herein, I, Jeffrey L. Cox, promise to pay to the order of William D. Kerr and Charlotte E. Kerr, their heirs and/or assigns, the principal sum of one hundred thousand dollars ($I00,000), together with interest at the rate often'percent (10%) per year, due and payable on September 1, 2002. And furtl~er, I do hereby authorize the Prothonotary of any Court of Record in Pennsylvania to appear for and enter judgement against me for the above sum, without declaration, with costs of suit, release of errors, without stay of execution and without collection fees. I do hereby agree not to make any motion or any application whatsoever to any Court for an inquisition on any real estate that may be levied upon to collect said sum. Witness my hand and seal the day and year first written above. Signed, sealed and delivered. Exhibit "A" VERIFICATION We, William D. Kerr and Charlotte E. Kerr, husband and wife, have read the foregoing Complaint and verify that the facts set forth therein are true and correct according to the best of our knowledge, information and belief. We understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Wi l~a-m' D. Kerr Charlotte E. Kerr Dated: October ,,2 ,2002 -4- WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs Vo JEFFREY L. COX, : Defendant : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF RESIDENCE I hereby certify that the respective residences of the Plaintiffs and the Defendant are as follows: William D. Kerr Charlotte E. Kerr 956 West Trindle Road Mechanicsburg, PA 17055 Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 Lloy/~ R. Persun, Esquire Supreme Court I.D. No. 10129 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (Fax) Attorneys for Plaintiffs :306417_1 WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs Vo JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF ENTRY OF JUDGMENT TO: Jeffrey L. Cox 853K Fiehl Drive Lemoyne, PA 17043 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that judgrnent has been entered against you in the amount orS113,013.75, itemized as follows: Principal $ 100,000.00 Interest accrued from May I, 2001 through September 1, 2002 $ 12,520.55 Interest accrued from September 2, 2002 through October 1, 2002 $ 493.20, plus interest accruing at the rote of $16.44 per day after September 11, 2002 and all costs of this action. Date Prot o~notary ~[erla~rCounty :306979 SHERIFF'S CASE NO: 2002-04844 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KERR WILLIAM D ET AL VS COX JEFFREY L KENNETH GOSSERT RETURN - REGULAR Cumberland County, Pennsylvania, says, the within NOTICE COX JEFFREY L Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT at 2108:00 HOURS, on the 1st day of November at 853 KIEHL DR 2002 LEMOYNE, PA 17043 JEFFREY COY a true and attested copy of NOTICE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~ ~ day of ~~, . ~oo~, A.D. ~rothonot ary So Answers: R. Thomas Kline Zl/04/2002 METTE EVANS ~OODSZD~ SHERIFF'S RETURN REGULAR CASE NO: 2002-04844 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KERR WILLIAM D ET AL VS COX JEFFREY L Amended KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within NOTICE COX JEFFREY L Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the law, DEFENDANT at 853 KIEHL DR LEMOYNE, PA 17043 JEFFREY L COX at 2108:00 HOURS, on the 1st day of November 2002 a true and attested copy of NOTICE by handing to together with and at the Amended same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~ ~ day of 7~ c~i~_~ ~2 ~ ~_ A.D. ' Prothonotary ' So Answers: R. Thomas Kline 11/06/2002 METTE EVANS WOODSIDE IN THE COURT OF COMMON PLiEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM D. KERR and CHARLOTTE E. KERI~ husband and wife, Vo Plaintiffs, JEFFREY L. COX, Defendant CIVIL ACTION No.: 02-4844 PETITION TO STRIKE OR OPEN CONFESSED JUDGMENT Defendant, Jeft~ey L. Cox (the "Defendant"), by and through his attorneys, Gates, Halbraner & Hatch, P.C., makes the following petition to strike or open the confessed judgement and in support thereof aver as follows: 1. Judgement by confession was entered by the Prothonotary on October 1, 2002 against the Defendant and in favor of the Plaintiffs. 2. Defendant was served with a Notice Under Pennsylvania Rule of Civil Procedure 2958.1 of Judgment and Execution Thereon on November 1, 20,02. 3. In or about April, 2001, Plaintiffs desired to invest certain monies in an effort to generate investment income which they intended to deliberately fail to report as income to the United States or the Commonwealth of Pennsylvania. 4. Pursuant thereto, Plaintiffs agreed to loan (the "Personal Investment Loan") one hundred thousand and 00/100 dollars ($100,000.00) to the Defendant. 5. Pursuant to the Personal Investment Loan, Defendant executed a promissory note (the "Note") dated May 1, 2001 in favor of the Plaintiffs. 6. Defendant obtained the Personal Investment Loan for the purpose of properly and legally investing the monies, at his discretion, in certain business ventures for personal investment purposes. 7. The business ventures Defendant invested the monies in became insolvent or otherwise failed to generate revenue and profit. I. CONSUMER CREDIT TRANSACTION 8. Paragraphs 1 - 7 of this Petition are incorporated herein by reference as though set forth in full. Defendant is a natural person. The Personal Investment Loan was primarily for personal, family or household 10. purposes. 11. 12. The Personal Investment Loan was a consumer credit transaction. Judgment may not be confessed against a natttral person in connection with a consnm er credit transaction. WHEREFORE, the Defendant, Jeffrey L. Cox, respect:fully requests this Court enter an Order staying the execution of the judgement and striking the confessed judgment and such other relief as the Court deems just. H. ILLEGALITY OF CONTR~,CT 13. Paragraphs 1 - 12 of this Petition are incorporated herein by reference as though set forth in full. 14. Plaimiffs loaned Defendant the monies in an effort to obtain a ten percent (10%) return on the money loaned to the Defendant and which they intended to deliberately fail to report as income to the United States, the Commonwealth of Pennsylvania and other relevant local authorities. 15. Plaintiffs intended to circumvent the rules and regulatious of the Internal Revenue Service and the Pennsylvania Department of Revenue. 16. An illegal contract is void. WIIEREFORE, the Defendant, Jeffxey L. Cox, respectfixlly requests this Court enter an Order staying the execution of the judgement entered and striking or opening the confessed judgment and such other relief as the Court deems just. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. ,.~ -- t ,,'~ Albert N, Peterlin, Esqil~e v v · l' Sup. Cia I.D. No. 84150 1013 Mumma Road, Suite 100 Lemoyue, PA 17843 (717) 731-9680 (Attorneys for Defendant) DATE: December 2, 2002 CERTIFICATE OF SERVICE I, Albert N. Peterlin,' Esquire, hereby certify that a true and correct copy of the foregoing Petition to Strike or Open Confessed Judgment has been served upon the following counsel of record by United States first class mail, postage prepaid, at the l%llowing address: Lloyd R. Persun, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 GATES, E[ALBRUNER & HATCH, P.C. Albert N. Peterlin, E'~q~ ~" v Sup. Ct. I.]D. No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendant) DATE: December 2, 2002 WILLIAM D. KERR and CHARLOTTE E. KERR, husband and wife, Plaintiffs JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4844 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of January, 2003, upon consideration of Defendant's Petition to Strike or Open Confessed Judgment, it is ordered that: 1. A Rule is issued upon Plaintiffs to show cause why Defendant is not entitled to the relief requested; 2. Plaintiffs shall file an answer to the petition within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Wednesday, March 26, 2003, at 2:30 Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, esley Oler, :vt:., /7. ' o1-0 )-o3 p.m., in Lloyd R.Persun, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Plaintiffs Albert N. Peterlin, Esq. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for Defendant :rc WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs JEFFREY L. COX, : Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : Docket No. I)2-4844 Civil PLAINTIFFS' ANSWER TO DEFENDANT'S PETITION TO OPEN OR STRIKE CONFESSED JUDGMENT AND NOW, day of January, 2003, in compliance with the Court's Rule issued January 7, 2003, Plaintiffs by their attorneys file the following Answer to Defendant's Petition to Strike or Open Confessed Judgment: 1. Denied. The Prothonotary of Cumberland County entered judgment by confession against the Defendant and in ~vor of the Plaintiffs on October 3, 2002. The Prothonotary provided the Defendant with notice of entry of the judgment by United States mail, first class, postage prepaid on October 3, 2002. The original record so demonstrates. 2. Denied as stated· Pursuant to Rules 403 and 2958.1(b)(1)(ii) of the Pennsylvania Rules of Civil Procedure, Plaintiffs attempted to serve upon Defendant notice substantially in the form prescribed by Rule 2964 by United States mail, certified, return receipt requested, requiring a receipt signed by the Defendant. The United States Postal Service returned the envelope containing the notice to Plaintiffs with a notation that it was unclaimed, despite notice by the United States Postal Service to the Defendant on October 5, 2002 and again on October 10, 2002 to claim it. A true and correct copy of the returned envelope and the notice are attached hereto as Exhibit "A" and made a part hereof. Consequently, pursuant to Rules 400, 402 and 2958.1(b)(1)(i) of the Pennsylvania Rules of Civil Procedure, the Sheriff of Cumberland County served Defendant with the notice on November 1, 2002 at his residence. 3. Denied. In July 2000, Defendant approached Plaintiffs and asked them for a loan in the amount of $100,000.00. Defendant promised that the loan would be repaid in two (2) years and would bear interest at the rate of twelve percent (12%) per .annum for two (2) years. Defendant explained that he needed the loan for a business investment which he was making with a couple of friends whom he did not name. Plaintiffs and Defendant never discussed the income tax consequences of the loan. Plaintiffs always intended, as they have in the past, to report the interest as income, when received, to the United States of America and the Commonwealth of Pennsylvania. Plaintiffs did not approach Defendant about the loan. Defendant never told Plaintiffs that the loan was for personal, family or household purposes. 4. Denied. Paragraph three (3) hereof is incorporated herein by reference. Plaintiffs made a loan to Defendant at his request which Defendant told Plaintiffs would be used for business purposes. -2- 5. Admitted in part and denied in part. It is admitted that Defendant prepared and signed the Promissory Note dated May 1, 2001, Exhibit "A" to the Complaint in Confession of Judgment, in favor of Plaintiffs. It is denied that the Promissory Note was prepared or executed pursuemt to any loan for personal, family or household purposes. Defendant prepared and signed the Promissory Note and delivered it to Plaintiffs because for nine (9) months after making the loan Plaintiffs had requested that Defendant provide them with confirmation of the loan and its original terms. Defendant finally did so on May 1, 2001 by preparing and signing the Promissory Note and delivering it to Plaintiffs. 6. Denied. Paragraphs three (3), fou:r (4) and five (5) hereof are incorporated herein by reference as if fully set forth herein. 7. Admitted in part and denied in part. It is admitted that Defendant told Plaintiffs that he made a business investment with the loan proceeds. The Promissory Note which Defendant prepared, signed and delivered to Plaintiffs is due and payable by its terms. Defendant is obligated to pay Plaintiffs in accordance with the terms of his Promissory Note regardless of whether the alleged business ventures became insolvent or failed to generate revenue or profit. In all other respects, the allegations of this paragraph are denied. -3- 8. Paragraphs one (1) through seven (7) hereof are incorporated herein by reference as if fully set forth herein. 9. Admitted. 10. Denied. The allegations of this paragraph constitute conclusions of law and therefore require no answer. By his own admission, Defendant claims to. have invested the loan proceeds in "business ventures", thereby belying his claim that a consumer credit transaction occurred. Defendmat failed to allege any facts which establish that the loan proceeds were used for "personal, family or household purposes". Defendant failed to plead any facts which in a jury trial would require the issues to be submitted to a jury. Consequently, the Petition to Open the Confessed Judgment is fatally defective. 11. Denied. The allegations of this paragraph constitute conclusions of law and, therefore, require no answer. In the alternative, the loan was not a consumer credit transaction. 12. Denied. The allegations of this paragraph constitute conclusions of law and, therefore, require no answer. In the alternative, the loan was not a consumer credit transaction. -4- WHEREFORE, Plaintiffs respectfully request that your Honorable Court enter an Order denying the Petition to Strike or to Open the Confessed Judgment and authorizing Plaintiffs to proceed without any further delay to execute on their Judgment. 13. Paragraphs one (1) through twelw~ (12 ) hereof are incorporated herein by reference as if fully set forth herein. 14. Denied. Plaintiffs loaned $100,000.00 to Defendant in reliance upon his promise to them that he would repay the loan in two (2) years together with interest at the rate of 12% per annum for two (2) years. No discussion between Plaintiffs and Defendant occurred concerning the income tax consequences of the interest income to Plaintiffs on the loan. Plaintiffs always intended to report the interest on the loan as income, when received, to the United States of America, the Commonwealth of Pennsylvania and all other taxing authorities required by law. The income tax consequences of such interest income are irrelevant as a matter of law to Defendant's duty to pay his Promissory Note in accordance with its terms. 15. Denied. Paragraphs three (3) and :fourteen (14) hereof are incorporated herein by reference as if fully set forth herein. -5- 16. Denied. The Promissory Note is not an illegal contract and is not void. The allegations of this paragraph constitute conclusions of law and, therefore, required no answer. Defendant failed to plead facts which in a jury trial would require the issues to be submitted to the jury. Accordingly, the Petition to Open or Strike the Confessed Judgment must be denied. 17. Defendant failed to plead any defect in the original record as filed by Plaintiffs. Such original record consisted of their Complaint in Confession of Judgment, the Certificate of Residence, the Confession of Judgment executed by the Prothonotary of Cumberland County in favor of Plaintiffs against Defendant, the Notice of Entry of Judgment provided by the Prothonotary to Defendant on October 3, 2002 and the Sheriffs Return filed with the iProthonotary in November 2002. Consequently, the Motion to Strike the Confessed Judgment must be denied. 18. Defendant alleged no grounds on which the Petition to Open or Strike the Confessed Judgment could prevail. The Petition to Open or Strike the Confessed Judgment is frivolous, was not submitted in good faith or supported by any factual allegations. Consequently, Plaintiffs should be awarded the attorneys' fees and costs which they incurred in opposing the Petition. Rule 1023.1 of the Pennsylvania Rules of Civil Procedure; Humbert et al. v. Linden R. Gates, Jr. et ~1., 47 Cumb. 186 (1998). -6- WHEREFORE, Plaintiffs respectfully request that your Honorable Court enter an Order denying the Petition to Open or Strike the Confessed Judgment, authorizing Plaintiffs to proceed without any further delay to execute on their Judgment and awarding them the attorneys' fees and costs which they incurred in opposing such Petition. Respectfully submitted, _Lloyj;[ R. Persun, Equire Supkeme Court I.D. No. 10139 John F. Yaninek, Esquire Supreme Court I.D. No. 55741 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (Fax) Charles E. Shields, III, Esquire Supreme Court ll.D. No. 38513 6 Clouser Read Mechanicsburg, PA 17055 (717) 766-0209 Attorneys for Plaintiffs :314544 _1 CHARLOTTE E. KERR, husband and wife, Plaintiffs JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLA~ND COUNTY, PENNSYLVANIA DOCKETNO. O,2_.4~y4zz/- ~-~ NOTICE UNDER PENNSYLVANIA RULE OF CIVIL .PROCEDURE 2958.1 OF JUDGMI~.NT AND EXECUTION TI~,REON NOTICE OF DEFENDANT'S RIGHTS To: Jeffrey L. Cox, Defendant A judgment in the mount of $113,013.75, plus interest accruing after October 1, 2002 and all costs of this action has been entered against you and in favor of the plaintiffs without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly prepared and signed by you. The sheriff may take your money or other property to pay the judgment at any time after th/ny (30) days after the date on which this notice is served on you. · You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERafED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE TH/S PAPER TO YOUR LAWYER AT ONCE',. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 October 2002 METRE, EVANS & WOODSIDE 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 1'7110-0950 (Phone) 717-232-5000 Attorneys for Plaintiffs K"lqtlB IT "A" :306426 _1 Certified Fee ~ Return Receipt Fee ri (Endorsement Required) r-'lRestricted Defive~y Fee I~1 (Endorsement Required) I-'t Total Postage & Fees Postage $ , '~' Postmark /, '7 b- ~e~ 10/4/02 $ t'$ent T~ $~£~r.e.y. T,o C~ .............................. ~FJJE;~'~7~;~ ......................................... ~-;,'~7;~g'~';~7:~"";" .................................................................... EIDDD- ~ 0 C::OC~-'IZ . '~'--I G~ rtl r- m _. "f' ..1 C.~ ~,~Zm-- VERIFICATION We, William D. Kerr and Charlotte E. Kerr, husband and wife, have read the foregoing Answer and verify that the facts set forth therein are true and correct according to the best of our knowledge, information and belief. We understand that any false statement ~nade herein is subject to the penalties of 19 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. William D. Kerr Charlotte E. Kerr (SEAL) Dated: January/ff', 2003 CERTIFICATE OF SERVICE I, Lloyd R. Persun, Esquire, hereby certify that on January 16, 2003 a true and correct copy of the foregoing Answer was served by United States mail, first class, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire Gates, Haibruner & Hatch, P.C. Suite 100 1013 Mumma Road Lemoyne, PA 17043 Date: January 16, 2003 Ll~vfl R.-Persun, Esquire :315368_1 WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERI~ND COLrNTY PENNSYLVANIA Docket No. 0:2-4844 Civil STIPULATION AND NOW, this / y ~ day of February, 2003, Plaintiffs and Defendant by their respective attorneys hereby stipulate, and agree as follows: 1. Defendant's Petition to Open or Strike Confessed Judgment is hereby withdrawn with prejudice. 2. Plaintiffs shall not file a Praecipe for Writ of Execution prior to April 16, 2003. On or after April 16, 2003, Plaintiffs may file a Praecipe for Writ of Execution on their Judgment. No further notice to Defendant shall be required. 3. The Judgment is hereby ratified and confirmed. L~yd R. Persun, Esquire Supreme Court I.D. No. 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (Fax) Alb~t N. Pet~rlin, E~q{irec/ -" ~ Supreme Court I.D. No. 84180 Gates, Halbn~ner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorneys for Defendant Charles E. Shields, III, Esquire Supreme Court I.D. No. 38513 6 Clouser Road Mechanicsburg, PA 17055 (717) 766-0209 Attorneys for Plaintiffs -2- FEB 2 1 2003 WILLIAM D. KERR CHARLOTTE E. KERR, husband and wife, Plaintiffs Vo JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Docket No. 02-4844 Civil ORDER AND NOW, this .~ ~{ day of February, 2003, upon consideration of the Stipulation fried by the parties, said Stipulation being attached hereto, IT IS HEREBY ADJUDGED, ORDERED AND DECREED that the said Stipulation be and it is hereby approved and adopted as an Order of this Court. BY THE COURT, Wesley Ole,~, Jrt., ~'~ '-j. :318012 I WILLIAM D. KERR and CHARLOTTE E. KERR, husband and wife, Plaintiffs Vo JEFFREY L. COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4844 CIVIL TERM IN RE: DEFENDANT'S PETITION TO STRIKE OR OPEN CONFESSED JUDGMENT ORDER OF COURT AND NOW, this 24th day of February, 2003, upon consideration of the stipulation filed by the parties in the above matter, the Argument previiously scheduled for March 26, 2003, is cancelled. BY THE COURT, Lloyd R.Persun, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 and Charles E. Shields, III, Esq. 6 Clouser Road Mechanicsburg, PA 17055 Attorneys for Plaintiffs Albert N. Peterlin, Esq. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for Defendant