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HomeMy WebLinkAbout00-04962 ~ . , j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 6O-.l/9~Cu'l(~ PEOPLES STATE BANK, Plaintiff v. KIMBERLY A. THOMAN, Defendant CIVIL ACTION-LAW Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint as Exhibit "A" filed in this action, I appear for the Defendant and confess Judgment in favor of the Plaintiff and against the Defendant as follows: Amount Owed: $7,953.43 Interest: To be determined Court Costs: To be determined Attorney's Fees: N/A TOTAL: $7,953.43 plus interest and court costs B: St ve M 3211 . Front Street Box 5300 Harrisburg, P A 17110 Phone: (717) 238-8187 1.D. No. 74669 Document #: 179050.1 ""- .: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PEOPLES STATE BANK, Plaintiff NO. v. KIMBERLY A. THOMAN, Defendant CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, this ~day of July, 2000, comes the Plaintiff, Peoples State Bank, by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Peoples State Bank, is a financial institution qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place of business situate at 100 East King Street, East Berlin, Adams County, Pennsylvania. 2. Defendant, Kimberly A. Thoman, is an adult individual with a last known address of361 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. 3. A true and correct copy of the instrument, Demand Promissory Note, under which Plaintiff is confessing judgment is attached hereto, incorporated herein and marked as Exhibit "A". 4. The balance due pursuant to the terms and conditions as reflected on the Demand Promissory Note attached hereto as Exhibit "A" less payments made by Defendant, is Seven Thousand Nine Hundred Fifty-three and 43/100 Dollars ($7,953.43) plus court costs. 5. The transaction pursuant to which Plaintiff is confessing judgment was for a commerciallbusiness purpose and was not a consumer credit transaction. Document #: 167484.1 6. The instrument and obligation under which judgment is being confessed has not been assigned. 7. Defendant has defaulted on the obligation to Plaintiff by failing to pay all amounts owed Plaintiff pursuant to the terms and conditions of the Demand Promissory Note attached hereto as Exhibit "A", 8. Judgment has not been entered against the Defendant in any jurisdiction for any amount under the instrument. 9. Judgment is demanded as authorized by the warrant of attorney contained in the instrument attached a~ Exhibit "A". 10. The warrant appearing in the attached instrument is less than twenty (20) years old. WHEREFORE, Plaintiff demands the entry of a Judgment against the Defendant in the sum of Seven Thousand Nine Hundred Fifty-three and 43/100 Dollars ($7,953.43), plus costs in this action. Respectfully submitted, (\ B: St e MET E WICKERSHAM 3211 N. Front Street Box 5300 Harrisburg, PA 17110 Phone: (717) 238-8187 1.D. No. 74669 Attorney for Plaintiff Document #: 167484.1 - DEMAND PROMISSORY NOTE $8,053.48 Date::5 December 1999 FOR VALUE RECEIVED, the undersigned, Kimberly Thoman of Carlisle, Pennsylvania, promises to pay to the order of Peoples State Bank of East Berlin, Pennsylvania, the sum of Eight Thousand Fifty-three and 48/100 ($8,053.48) Dollars to be paid as follows, viz.: ., Monthly payments in the amount of One Hundred Dollars ($100.00) being due on or before December 15, 1999, and before the last day of each consecutive month thereafter until the outstanding balance is paid in full, without defalcation. No interest shall accrue so long as monthly payments are being made. Presentment for payment, protest and notice of dishonor are waived. If this Note is placed in the hands of an attorney for collection, I do hereby authorize and empower, irrevocably, the prothonotary or any Attorney of any Court of Record in the Commonwealth of Pennsylvania or elsewhere to appear for us at any time and enter judgment without process against us, with or without declaration, for the amount of this Note, together with all charges, costs, interest and attorney's fees as above provided, and do hereby waive and release all errors in any such proceedings and waive all rights of appeal, and pursuant to and upon such judgment do hereby authorize and consent to immediate execution upon any property, real, personal or mixed, and do hereby voluntarily condemn same, and no bill in equity or other petitions shall be filed to interfere in any manner with the operation of such judgment or execution thereupon, hereby ratifying and confirming'lill that said Prothonotary or Attorney may do by virtue hereof, and waiving and releasing benefit of all appraisement or inquisition of real estate, stay of execution, and all rights under the exemption laws of any State, now in force or hereafter enacted. In the event the undersigned files for bankruptcy, either individually or jointly, prior to full payment of the outstanding balance due anilowing under this Note, the undersigned hereby agrees and consents to execilte a reaffirmation agreement with Peoples State Bank for the outstanding balance of this Note. This reaffirmation agreement shall be executed by the undersigned within sixty (60) days from the filing date ofthe bankruptcy petition. In the event the undersigned fails or refuses to execute the reaffirmation agreement within sixty (60) days from the filing date of the bankruptcy petition, the undersigned whereby consents to having the automatic stay lifted pursuant to 11 U.S.C. 362 (d) by the Bankruptcy Court so as to permit Peoples State Bank to commence collection of the outstanding balance due and owing under this Note. Witness: ~AYl~ ~ J.m~ Kim erly Thoman & Document #: 164723.1 ,,,,~I,,,,,,,,,,,,~' J_IUII~iilDl~_~II.~Uli _ '. ~_ . c, ~ ,_= - "... 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