HomeMy WebLinkAbout97-01551
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RICHARD L. GULDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
(a) unpaid balance of instrument
as of 10/1/96
(b) attorney collection fee (15%)
$57,532,83
7,629,92
$65,162,75
v,
JOSEPH p, WINBERRY, JR"
Defendant
NO, 97 -
CONFESSION OF JUDGMENT
CIVIL-LAW
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of
attorney, a copy of which is attached to the Complaint filed
in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiffs and against the
Defendant as follows:
(a) unpaid balance of lease
as of 3/24/97
(b) attorney collection fee (10%)
$2,580,00
258,00
$2,838.00
(a) unpaid balance of instrument
as of 2/1/97
(b) attorney collection fee (5%)
$1,594,15
79,71
$1,673,86
Total:
$69,674,61
AllEN E. HENCH
AnoR1€Y AT LAW
~ WARKET8T.
NE\WORT. PA 1W4
TEL. (717)&17-11311
FAX (717) 517,'130
LOVSVUE OfFCE:
WEST MAIN ST,
(RU"I
LOYSVIlLE. PA 17047
TEL. pm 780-3147
"
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RICHARD L. GULDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
"
NO. 97 -
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v,
JOSEPH P. WINBERRY, JR"
Defendant
CONFESSION OF JUDGMENT
CIVIL-LAW
Notice Under Rule 2958,1 of Judgment
and Execution Thereon
Notice of Defendant's Rights
TO: JOSEPH p, WINBERRY
A judgment in the amount of $69,674,61 has been entered
against you and in favor of the plaintiff without any prior
notice or hearing based on a confession of judgment
contained in a written agreement or other paper allegedly
signed by you, The sheriff may take your money or other
property to pay the judgment at any time after thirty (30)
days after the date of 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 SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SE'r FOR'l'H BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP,
Lawyers Referral
100 South Street
P,O, Box 186
Harrisburg, Pa,
1-800-692-7375
Service Central Pennsylvania Legal
Services
213-A N, Front Street
17108 Harrisburg, Pa, 17101
1-800-932-0356
,.;l-~. 'SOUlR'
AT ORNEY I,D, #77972
TORNEY FOR PLAINTIFFS
224 MARKET STREET
NEWPORT, PA 17074
AlLEN E. HENCH
ATTOAAEV "fLAW
DI WoRKET BT,
NE\WQRT, PA 17074
TEL. (717) 1517.31);
FAJI. (717}15I7,:1l30
LOYSVUE OFFCE:
WEST UAIN ST,
(RT,27')
lOVSVUE. PA 17.47
TEL. (717)710-*7
"
7, Judgment has not been entered on the attached note
in any jurisdiction,
8, Said note provides as follows:
THE UNDERSIGNED promises to pay to the order of RICHARD
L, GULDEN the sum of Ninety Five Thousand Dollars, with
interest on the unpaid balance at the rate of 10% per annum,
in 120 successive monthly installments of $1,255,44 each
beginning August 15, 1991 and monthly thereafter,
THE UNDERSIGNED authorizes the Prothonotary or any
attorney of any court of record if this note or any
installment is not paid when due, to appear for and confess
judgment against the undersigned for all amounts due
hereunder, with or without declaration, \~ith costs of suit,
without stay of execution, and with an attorney's fee of 15%
and releases all errors in connection with such action, The
undersigned waives all right or stay of exemption of any
real estate from execution or extension of time of payment
which may be given by any Act of assembly or rule of civil
procedure now or hereafter in force, and agrees that any
such real estate may be sold on any writ of execution
forthwith, Protest of this note is hereby waived,
9, paragraph 3,E of the Note states that the Buyer
shall not have the right to prepay the balance owed at any
time without first having obtained the written consent of
the seller,
10, The seller has not given the buyer the written
consent to prepay the balance owed,
11, The last payment under the Note was made in
September, 1996,
12, Notice of default was given on March 7, 1997, a
copy of which is attached hereto as Exhibit "B",
AllEN E. HENCH
ATTOAAEV "fLAW
2')4 VARKEl8T,
NEVt'PORT, PA 17074
TEL (711) 611.31)0
FAX (717) &17,:1130
13, No payment has been made since the notice was
given to Defendant, and more than fifteen (15) days has
elapsed since notice,
14, Default occurred when Defendant failed to make a
payment when required,
LOYSVLLE OFFCE:
WUTUAINST,
(Run)
LOV8VUE. PA 17041
TEl, (717) 71~3I41
15, The note authorized the acceleration of payments if
no payment was received after fifteen (15) days written
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notice,
16, Judgment is not being entlJred by confession in
connection with a consumer credit transaction,
17, As a consequence of the foregoing, the Defendant is
liable to the Plaintiffs as follows:
(a) unpaid balance of instrument
as of 10/1/96
(b) attorney collection fee (15%)
$57,532,83
7,629,92
$65,162,75
plus total interest per annum
thereafter until payment in full
is received, costs, additional late
charges and additional attorney fees,
WHEREFORE, Plaintiffs demand judgment in the sum of
$83,725,12, plus interest as authorized by the warrant
appearing in the attached note, together with the costs of
this action, and further fees.
COUNT II
DEFAULT ON COMMERCIAL LEASE
18, Paragraphs 1 through 3 are incorporated herein as
more fully set forth,
19. Attached hereto is a true and correct copy of the
original lease dated April 2, 1991 duly executed by the
Defendant, and marked Exhibit "C", the same being
incorporated herein by reference thereto as though more
fully set forth,
20, The attached lease has not been assigned,
21, Judgment has not been entered on the attached
lease in any jurisdiction.
ALLEN E. HENCH
AnoRfoEY "fLAW
204 W.RICET 8T,
NE\W'ORT. PA 17074
TEL (717) M7.3130
FAX (717) &87.3130
22, Said lease provides as follows:
If default shall be made in the payment of any part of
said rent for five days after the same becomes due, or if
the said lessee shall break or evade or attempt to break or
evade any of the covenants or restrictions set forth in this
lease, the lessor may forfeit and annul the unexpired
LOYSVLlE OfFICE:
WEST YAIN ST,
(RI,27')
lOV8VlllE. PA 17047
TEL (717) 78"3847
portion of this lease or any renewal thereof and enter upon
or repossess the said premises without process of law and
without any notice whatsoever.
" ,
The said lessee hereby confesses judgment in favor of
the said lessor for the whole amount of the rent at any time
remaining unpaid, whether the same shall have been due or
not, waiving stay of execution, inquisition and all
exemption laws now in force or which may hereafter be
passed, and authorizes the adding of 10% attorney's
commission for collection; and further does hereby, upon the
breach of any of the conditions of this lease, authorize any
attorney of any court of record to appear for him and enter
an amicable action of ejectment and confess a judgment of
ejectment therein for the premises herein described and does
authorize the immediate issuing of a writ of possession and
execution for costs without asking leave of the court,
23, Notice of default was given on January 5, 1997, a
copy of which is attached hereto as Exhibit "0",
24, No payment has been made since the notice was
given to Defendant, and more than fifteen (15) days has
elapsed since notice,
25, Default occurred when Defendant failed to make a
payment when required,
26, The note authorized the acceleration of payments if
no payment was received after fifteen (15) days written
notice,
27, Judgment is not being entered by confession in
connection with a consumer credit transaction,
28, As a consequence of the foregoing, the Defendant is
liable to the Plaintiffs as follows:
ALlEN E. HENCH
AnoAhEY AfLAW
.,. llARKET ST,
NE\WORT. PA 17074
TEL. (717) &17.3130
FAX (717} 687,3130
(a) unpaid balance of lease
as of 3/24/97
(b) attorney collection fee (10%)
$2,580,00
258,00
$2,838,00
LOYSVUE OFFCE:
WEST UAIN ST,
(RT.:!7')
LOYSVIUE. PA 170047
TEl., (717) 78;'3847
plus total interest per annum
thereafter until payment in full
is received, costs, additional late
charges and additional attorney fees,
"
WHEREFORE, Plaintiffs demand judgment in the sum of
$2,83B,OO, plus interest as authorized by the warrant
appearing in the attached lease, together with the costs of
this action, and further fees,
COUN'I' III
DEFAULT ON $95,000.00 NOTE
29, Paragraphs 1 through 3 are incorporated herein as
more fully set forth,
30, Attached hereto is a true and correct copy of the
original judgment note dated April 28, 1992 duly executed by
the Defendant, and acknowledged on April 28, 1992, in the
original amount of $11,000.00 and marked Exhibit "E", the
same being incorporatecJ herein by reference thereto as
though more fully set forth,
31, The attached note has not been assigned,
32, Judgment has not been entered on the attached note
in any jurisdiction,
33. Said note provides as follows:
FOR VALUE RECEIVED, JOSEPH p, WINBERRY, JR, promises to
pay to the order of RICHARD L, GULDEN the sum of Eleven
Thousand Dollarsm with interest at the rate of B% per annum,
without offset, on or before August B, 1997, in instalments
of $233,05 commencing September B, 1992 and monthly
thereafter on the Bth day of each month, Interest only
shall be paid until that time. On nonpayment of any
installment when due, all remaining installments shall, at
the option of the holder and without notice, become
immediately due and payable, If this note is placed in the
hands of an attorney for collection, the undersigned agrees
to pay as a reasonable attorney's fee 5% of the amount due
and owing on this defaulted note.
AlLEN E. HENCH
ATTORPEY AT LAW
DI MARKET liT,
Ni'mOAT. PA '7014
Tn. ptn 117.:1130
FAX {7171 M7':l130
To secure payment of this note, I hereby authorize,
irrevocably, the Prothonotary, Clerk of Court, or any
attorney of any court of record to appear for me in such
court, at any time, before or after maturity, and confess
ajudgment against me in favo~ of any holder of this note,
with or without the filing of an averment of default, with
the release of errors, without stay of execution, and for
LOYBVUE OHCE:
WEST MAIN ST,
(AT,"'"
LOVIVllE. PA '7047
Tn.. (717)7IlUIU
,
,
VERIFICATION
I verify that the statements made in the Complaint are
true and correct to the best of my knowledge, information
and belief and that this Complaint is brought in sincerity
and truth for the reasons mentioned in the said Complaint,
I understand that false statements are made Subject to law
as provided in Title 18 Pa,c.s. ~4904 relating to unsworn
falsifications to authorities,
.-L..Qlj L~,~
RICH~~, GULDEN
Sworn and subscribed to before
me this ')'~'1"day of March, 1997.
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~ 1~:..C(., bl' t\c0i.O
N \:ary Pu ,ic
My Commission Expires:
NOTARIAL SEAL
LINDA J, HALL, NOTARY PUBLIC
NEWPORT BOROUGH PERR
My COMMISSION EXPIRES NO~~~\:9
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AllEN E, HENCH
ATlOAAEv AT lAW
~llARl<ETaT,
NE'M'oRT, PA 17."
TEL. PIll ..,,,,'"
FAX (7ln &l7.~U30
lO'fSVUE OfFICE:
WEST MAIN 8',
(RU",
lO'f8VUE. PA 17.47
TEL. PIll ,......,
RICHARD L, GULDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
SS:
v,
JOSEPH p, WINBERRY, JR.,
Defendant
NO, 97 -
CONFESSION OF JUDGMENT
CIVIL-LAW
AFFIDAVIT OF NON-MILITARY SERVICE AND
CERTIFICATE OF RESIDENCE
COMMON~JEALTH OF PENNSYLVANIA
COUNTY OF PERRY
Joseph E, Maenner, Esquire, being duly sworn according
to law, deposes and says that the Defendant, Joseph p,
Winberry, Jr, is not in the military service and is in no
way subject to the provisions of the Soldiers' and Sailors'
Civil Relief Act; and hereby certifies that he has
personally verified the following location to be the bona
fide residence of the Defendant and Plaintiff:
Defendant:
Joseph P. Winberry, Jr.
134 Lancaster Boulevard
Mechanicsburg, Pennsylvania 17055
Plaintiff:
Richard L. Gulden
3040 Logan Street
Camp Hill, Pennsylvania 17011
AllEN E. HENCH
An'ORNEV AfLAW
ZM MARKET ST.
NE\WORT. PA 17074
TEL. (71n 517-31>>
FAX (7ln 1517.3130
Sworn and subscribed to before
me this .;.ll.;-t~ day of March, 1997,
~;;~u~T~CLlQ -------
My Commission Expires:
LOYSVUE OFFeE:
WEST MAIN ST,
(RT,"'I
lOYSVUE, PA 17047
TD..1717)7Jt.*7
c:\gulden\CONFJDGM
NOTARIAL SEAL
NJJ~M16ALl. NOTARY PUBLIC
MY COMM'SS/O~~~~~:SC~ROr. CO" PA
.,29, 1999
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IWI" of Ni~it:y' rive Thousand Dollar., with internt em t:1' unpaid bAlancJ
at the rat. ot 10' per annum, in 120 lucce.aiva monthly .nata11menta ot
$1,2:1:1,44 4ach beqinnJJnq Auquat lei, 1991 I\nd monthly tl",...'fIatt.r.
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'rBB OND QIIZD a.uthorize. the Prothonotary or uny .)l~tOI''' ,.,y ot any c:our1 '
ot record t this riote or any installment '" not pn.! '" "due, to
appear tor and conf.au judgment ngninst th.' '_mrl'"~sj "~.(\ ,,- 1\1.1 amounts!
due hereun er, with or without declarlltlon, '."',; cr' -r, !>uit, without'
sta.y ot ex cution, and with an attorney's t ,'f' C I \", r~ lcaoes all
errors in onnection with such action, Thl' \lnc~.. ~ L'. : :1(": l','Q:> all righ'
of stay or exeJ:lption of any real estato frc.~ e:,,,,<:u~.')n' AX1:0nll1on of
time of pa ant which Illay be givtln by uny !,'~r. C'd il~~,omr ()J; rulo or
civil proc dure now or herellftel" in rO\'~". ',~,j :';;;"'..-", .:lny such rea
astate may be sold on any writ :,r e:<~.(":,;;i'~ -. 'c'... ~';';;ellt at this
not. 1s h. &by waived,
TMSTAT.T,MF.N'l' NOTe
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Exhibit ^
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TO: JOSEPH p" WINBERRY. JR.,
134 Lancutor Boulevard .
,Mech:mlc:.tbura. PA 17055
YOt.: ARE IN DEFAt]J.TOF TIlE PRC)\'ISlUf','S OF THE '\l.dU,OJ!: ' r OF
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,,'hem due
under the agreement constilUlCI ~ eVcnt of default, You have failed co m:l'" the: ;"<Iuire!:d
monthly payments since Sep~ber,.. 1996, The monthly inscallmcnts, UI th~ ,1InOlltl: Llf
$7,532,64, plus $119.87 ~ interest. must be paid immediately [0 curc ~,,'ur .l:~i":ml! ~n
additional Sl.'2S5,44'shall become: due on March I:', ll)l)~,
This IS your only notice!: that y'ou have rinccn . 1 ~, d.l;"
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, to cure your default by presenting the sum of $ 9,007,95 In cn,'I', ," ':~r: Iri:~'l :",} 11..1., rh,~
undcr&igned Holder or, in confolmance to the provisions "f thc'\~:rr.(:n"'l1r :i' r<a" ,,:It J O.
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, a judgmem shall be taken against you for ~uch ~';Jl1' as Ill,.;: be: ('ii~ ,,[ ': x ''', -; it:: '!ll i$
, take~. together with cosu- of ~lt and reasonahk ,HI"'rnl~:" , Il':~' ' I t.
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,_. ....1"-.. pd!;cipai LlAlance shall conlioue l\. hear lIJtcre$t at th~ I'a:~ ,',1' t~l~ percent
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(10%) per almum,
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RICH, L, Gl(LIJEN '
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L9Sl.tl.T(,,~T0S6 01
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Exhibit B
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'l'HIS AQ?EHZ1fT lIIade thia day nr. _(~f,d\-L_, ,_..,._' 1991, by
and betw8e' 1tXCHAlU) L. GuLDEN, harll.lnoftnr callud "lorlUor," and JOSEPH
P. WDmERR , JR., hereinll:t!ter cn11ud "l41L'1l1ee," Wn'NE5S~:rH:
, "
THAT th l...or doe. hereby do~iso and lot unto tho lessee the tirst
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. floor ot t . premise. 8ituatll at tilt.' northe,:\!." ,:~,:-:','':':' ': _ fob and Market
str.et. in Ith. ~,orOUqh ot canl~ lIill, l'unlluylv',/Ii.." k.n'.:.''1 ",; numbered as
1714 lIlarke~,street, and the parkinq 4djacont thor.:,t',o "::111s:"t.ing of _
.P'''. upoi tho 'ollowl.. torn. ...", om,,"" ,.,,,,
1,
'.t'he terlll ot the 1.... l~hQl1 bo lIi:~ yeurt; und
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be computed
trom the 1 t'day ot Aprlllllil. I
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2,
, advan
the tirst ~ay ot each
er month, pllyab:& mon~hly in
tho hornn of the lessor,
J'J The
times hen
1080eo IIn~t}. and will pay the rants r<:::"...r"'~ j on the days
s,me ouyht to ~ paid Ilccording~o the ~~ipu~~tlons
g re~tal or $4!lO per month may,ht, the opt i.on ot tl'le
,
and
, hereot. or
Harch 31, 1992, be lncrea8ed to roflect an increase in the
,
ot 1111nq ,. mea.ured by the~n~l cost of living inctax published,
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ARNOLD" SLIIlI, ...nOJJollrJ.AT,U......:IOt !\oV.l.n STun. CAM' HII.I", r- I >!":I
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Exhibit C
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by the federal
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tive only n may nO~lbe,~one r~troactively.
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increased tn accordaribe with an in~rRased cost
qoverrunentl provided that, t~:.::...::....:::.:':::~;_~. ,jr a pr~-)
shall be given in writingJ Th'3 incL'eu:>e mQ~" be prospec-
th&'indeX'iand .hoUl~_the 'cost of living index later drop, lessee shall
,be ~title to reduce 'the":rentaJ.' (but J;lot b~low the basic rental) to
retlect th ~.cr.a.. in the coat of living after giving lessor thirty
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days written notice ot his intention to do so,
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4. , Le...eeshall and will pay for all gas, t'lle-=tr ici ty and heat
consumed b~ ~ia according, to, the regulations of the company or companies
supplying the same as th~ same shall become due during the term afore-
,ea1d or ,an renewal thereot, Lessor shall be responsible for exteriox:
or liVing ac~ording to
Shol.11d the b<t'.\ic rental be
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'maintenanc ,'major structural repairs, and the heating SY"':.'.:rn, Lessee
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will be're pon.~le for interior maintenance and shall ha'l"" the right to
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make 1nter~or altera~ions and decorations, except that no '.'<(11s shall be
moved or o~her Structural alterations made without first having obtained
the ~1tte1 consent of ~eS8or,
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5, ~Le88ee shall have the right to use the premises in whole or
1n part as I n O,ffiCQ tor the practice of the profession of optometry.
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ARNOLD Ie "UK!, IoTTOlli/'ll[\J.\T.L\'." O1ID' ~"'''xn HHtT, ';.'\.'11' I"lILL, I'... 'Hill
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l')()i:!,l 11,:0:;: : ';':' .,~.; T -ec:-s:e
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Le..ee aqree. that a~personal propert~,~~. :h~ premia8s
shall be ltablo to'di.tr..s, and all such property remov~d theretrom" I
shall, tor thirty days after such removal, ramain so lialo!,,, and may be
distrained and 80ld for .rent, and lessee hereby waivAR u;l right to the
},.
laws.excepting
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personal property from levy ~nd sale under
benefit ot !U\y
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7. Lassor agrees that at the end of the term of this lease,
lessee may renew the leas. for four additional terms or one year each.
Such renew 1 ahall bG automatic upon the lessee remaining in poss.ssion
..a at the expiration of the original lease or each renewal
houle! 1....0 ,wi.h to terminate the lease ;;I: tho; end of the
'.
rm and ,an)' ran.wal thereof I he shall g l 'J'. the l",,>;sor Io(ritten
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1! ~nte'ntion to quit\l1ot less than 31>;t;: "\.0;1" ;,: ,-or to the
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of the pre
thereof,
original
notice of
expiration of the oriqina~ lease or anyone year renewal ther
8, . If default shall be made in the paYlt1c,nt 'J:, "r.'i pill:t of sa ,(1
shall brea or evade or attempt to brea or evade any or ~h~ covenants
or restric ions set torth in this lease, the lessor may forfeit and
'annUl the ~,~ired po~~on of this lease or any renewal thereof and
"~nter upon~f. repossess the said premises without process of law and
without 0.1 ~tica.7..s.~er.
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f va days-a er the same becomes due I 't" i. f \",hA "" i d lessee
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"It :I..furth.r aqr..d that the acceptance by th. skid IG..or ~t
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any ot th.'..id r.nt\.t.any time after the same shall becomct due, or
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default ha. been made in thf' paYment thereot or :in::' t' .; ~~ 1 U~":; of the eeid
,
lel!ll!lor .
to enfo:l;'ce any of the rights gained ur.e.:,'::: "\-, - ?:. ilny
penalties, ifOrfeitures or conditions hel'ein COI1t:,lin..d, ",l'",,:1 not 1n any
way be con~idGred as ~ waiver Of-the ri9ht to en(orc0 thA ~Ame and that
I
suoh right,!ot torfeiture llIay bl;j en!'orced without <tny notic.,,,, whatsoever7
I
and that a1y attempt to oollect the rent by one proceedinc shall not be
cona:l.4erecl" i.. a waiver ~t the right of the said lessor tc coll.ct thoa
,
same by anyoth.r proceeding,
,
,
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. Th~ .aid le,s,ee hereby waives the usual notice to ,,\lit a'1'ii
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to ~urrend~ the said,premises at the ~xpiration of the'.aid
I . .', _ ~
term, or ~e terminati~n ot this lease or any renewal thereof, without
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any ~otice ~hatever,;and ~ll!lo waives the benefit of ell appraisement,
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stay and exemption laws, the right of inquisition on real ~state and all
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bankrupt 01 insolvent..lawa now in force or which may hereafter be
pa~.ed, uP9n any prooeedinq instituted tor the r~~ov'~ry 0: the said rent
I
either by ~istress or,~therwise.
!
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If !defau~t shall be, made in the payment of ~ny rent when the
same ~hall ~me due, or if the said lessee shall be sold out at
sheriff's 9i" C;:,onst~+e's,sale or permit any judgment to be entered
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AR"{OLD It SLIK[, AnoaNIH-AT u....., :IM HI",!..,,,,:, InUT, 1';"',,1' !'fIll. ". "
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ec:'d o!.9s.:.1.!.1~S6ZSZ>:0o!.10S6 01 , :':!~ ..;,": ;,~ ':"!':.T-O:!-ta
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againat hiN o~ makeA,any a~.i9nment for the benefit of creditor., or
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commit any ;act 'of :,panlu::uptcy whatever, then the rr..nt: ",,\' c,!,n blll"nce ot
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at once be~oDle due and may be coU...cted by 'Hatre.. or
the tern aliall
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otherwise, i
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all.1c1 1ea.,ee t\ereby confesses jUc'ltJnlcnt in C IIvor oC tho said
le..or
the Whore amount. of the rent at any tillle rl'tmail'l'llg unpaid,
. ." t~
whether th aame .hall ~ave been due or not, waiving ctay of exeoution,
inqUi.itt~9 and all,~empt1on laws now in force or which may hereafter
. ~ , ;
, be pa..ed'r,nd"uthor1ze. t.he adding of lot attornftY'$ commission for
COllectionland further dOGs,hereby, upon the breach of any of the
condit.ions t th1s,lease, authorize any attorney of any c~urt of record
to appear f~ him ~nd,~nter an amicable action of eje~tmen~ and confess
, I
a jw.1qment, ~
<loes autho
't.ion tor c
ejactment therein for the
the immediate issuing of
,
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without aeking aGaVe of court,
premises her~in de~cribed and
,
a writ of possession and execu-
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9. I The les~or agrees that if he is d...s.lrou:; :,f :;,~111ng the
premises lobated at 1714 Market street, Camp Hill, PA or any part there-
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of during ~. term of Fhisc1ease or any renewal thereof, and a bona fide
otter or otfers are made by aryy third party or parties, :essor will
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OPTION TO p~
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6e'd ~9S~t~lz~Le~leS6 01
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notHy~'~e ~.a~ee of the otter and the lessee shall have the tirat
option to pUrohase' ..id property at the ottered pricQ, 'loIhlch option ..
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shall be exercised by the lessee by notifyin'J l...",,,,,.,r ,~f ~:i'rl willinqne.1I
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to purchas. wi~in 15 days atter notiti<.:at.icm C! :'"'' :,1,,;"
; (':h~ offer has
been made ~ him. ShOUld the lessee fail or refuse to exercise the ..id
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privilege ~v. qranted within the said 15 days' and for any reason
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whatsoever fte sale to the third party'is not consummated, the option ot
the lessee ja_ herein Ilcp:eed upon shall continue in the >idl11'~ manner until..
the expira llon ot the lease or any renewal thereof, Should lessee '
notity lea r his lrttentlon to exercise his option, lez~ee shall have a
period ot d~ys trolU the date of his notice to lesso~ in which to
complete h~ purchase of said property,
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10. In addition to the foregoing ~~ght of firs~ refusal, lesser'
sha~l have fhe oPt~on to, purchase the said prem~ses after th~9h~ ~
year of th~' lease tor its tair market value at that time, as dete~ined!
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by Ii qu~li led rea~ estate appra t:>er '-'ho is 1'\\:1'.11'111':, 0(;:: ;.. ,..~tJlo to the i
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parties. the event 'the partien ,'t'e un,-:\I:..l...' L:" '":':~ ,'...: ,;"; r.s.noraiser,
each party have the right to select i.ts own apprai,;'~r Clnd J.f the
are
o agree af,ter Obtaining said appraisals, ~:he t'~oappraiser
may select, ~ third appraiser whos..' va l\1n !",h<ll 1 be ,:(.'n I: r,' 1 1 ; ng '. If such
option is '.'+erCised, real est,ate transfer ta>:es shall be divided evenl
and real e~tl<1 taxes 'shall be prorated to the dat,(: at ,,~tl:.lement,
Title to ~e premises shall 'be by special warranty deed, free and
of all enc~r~nc~s, '~
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A"NOLD., SUlCi, "T':'(I~~lYf'^'H,A""',1I0' .....UtT '1' ". ~"'" '1lLl. ~,
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~'d ~9S~t~TZS6Z8Z~0~tCS6 01
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con~aJ.ned
th~ reservations, conditions, covenants cnd provisions
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.hall bind and be available to the heirs '" BUcc.o.ors,
ex.cu~ors, 'a~inistratorB and assigns, as the cas~ ffiu: t,~, of the lessor
and lassee respectively as though in each CQse e~:pre5sly '1amed,
on
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IX n+' WHEREO,~' :ti,he partil:!S hereto h,\'/A S"lt t~cir ~,~nds and seals
tho day land year first above w"itLen,
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Ri~hard L.'Gulden
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ARNOLD It SLllE. ATTO..wt'r\,...,'L.",' ~lll' '04"';'(1 ~T'lIt'l. l.~"" Hit: IUd
t~'d ~9~t~t~~ee~t0S6 01
.:",.' 'IJ~~,..) ~66l-0;;-~0
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$ll,OOp.OO
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INS:l'ALLKElcrJIOTI~
I lOR VALUE RECEIVED, JOSEPH p, WINBERRY, JR, promises to
pay tOI the or~.r of RICHARD L. GULDEN the sum of Eleven
Thouaap4 Dollar., with intersst at ths rats of 8' per annum,
wlthou~ offset, on or before August 8, 1997, in installments of
5223.05 commencing September 8, 1992 and monthly thereafter on
the 9th ~ay of each month, Int~rest only ~hal1 he p~id until
that t~Dle. On nonpsYlUent of any installnl/l:1t: loihpn c1U9, all
remaln~ng installments shall, at the option of the holder and
WithO#4notice, become immediately due and payable. If this
note i 'placed in the hands of an attorney for COllection, the
, under. qned agrees to pay as a reasonable attorney's fOG 5% of
the t due and owing on this defaul~ed note,
" To seCUre payment of this note, I hereby authorize,
irrevoFably, the Prothonotary, Clerk of Court, ,or any attorney
of an~court of record to appear for me in such court, at any
time, ~fore or after maturity, and confess a judgment against
1118 in favor Of any holder of this note, '....i ~h or without the
Uling~Of an ave:!:1llent of default, with rp.lc"~'c of "'I"rare,
withou stay of exocution, and for such amcunt as may appear to
be unp id thereon, together with charges, reasonable attorney's
fees apd costs as herein provided, and I hereby waive and
releas~ all be~efit and relief from any and all appraisement,
stay,! or exemption ,laws of any state now in force or hereafter
to be ~assed. _,
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~~'d ~9~l~l~~eeLO~leS6 O!
Exhibit E
. ;':':',J ~,~,~:": :'';0 ~T-(2-t0
Notes, If real property, supply sUe copies of description including improvements and an
original and copy of affidavit of ownership (PaR,C,P. No, 3129),
If lengthy personalty list, supply four copies of list,
To index writ, file separate praecipe with writ,
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RICHARD L, GULDEN,
Plaintiff
v,
JOSEPH p, WINBERRY, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
OF 'NIE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
NO, 97 -I>~I
CONFESSION OF JUDGMENT
CIVIL-LAW
NonCE OF EXECU1'ION
NOTICE
This paper is a writ of execution, It has been issued
because there is a Judgment against you, It may cause your
property to be held or taken to pay the Judgment, You may
have legal rights to prevent your property from being taken,
A lawyer can advise you more specifically of these rights,
If you wish to exercise your rights, you must act promptly,
The law provides that certain property cannot be taken,
Such property is said to be exempt, There is a debtor's
exemption of $300,00, There are other exemptions which may
be applicable to you, Attached is a summary of some of the
major exemptions, You may have other exemptions or other
rights,
If you have an exemption, you should do the following
promptly: (1) Fill out the attached claim form and demand
for a prompt hearing. (2) Deliver the form or mail it to
the Sheriff's office at the address noted,
You should come to court ready to explain your
exemption, If you do not Come to court and prove your
exemption, you may lose some of your property,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET HELP,
Lawyers Referral Service
AllEN E, HENCH
AnoRNEY AfLAW
z:w ....RKETST,
HE'M'ORT. PA 17014
TEL (717) 1WI7.313G
FAX (717) 587,3130
100 South Street
p,O, Box 186
Harrisburg, Pa, 17108
1-800-692-7375
lOYSVUE OfFICE:
WEST llAIN 8T,
(RU",
lOYIVME. PA 17.47
TEl.. (7'7) T",...T
Central Pennsylvania Legal
Services
213-A N, Front Street
Harrisburg, Pa, 17101
1-800-932-0356
~2~
JO ~ E, MA NNER, ESQUIRE
AT ORNEY FOR PLAINTIFF
AllEN E. HENCH
ATIOfVEY AT lAW
~ IIARKET IT,
NE'M'ORT. PA 17074
TEl, (717) 517.3130
FAX (717) 517,3130
LOVSVLLE OfFCE:
WUTUAINST,
(RUT"
lOYIVlllE. PA 17047
TEl.. Pi?) 7.0.3147
RICHARD L, GULDEN,
Plaintiff
IN 'rUE COURT OF COMMON PLEAS
OF THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
v,
JOSEPH p, WINBERRY, JR.,
Defendant
NO. 97 -/;)1
CONFESSION OF JUDGMENT
CIVIL-LAW
NOTICE UNDER RULE 2950,3 OF JUDGMENT
AND EXECU'I'ION 1'HEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Joseph p, Winberry, Jr,
A judgment in the amount of $69,674,61 has been entered
against you and in favor of the plaintiff without any prior
notice or hearing based on a confession of judgment
contained in a written agreement or other paper allegedly
signed by you, The court has issued a writ of execution
which directs the sheriff to take your money or other
property owned by you to pay the judgment,
If your money or property has been taken, you have the
right to get the money or property back if you did not
voluntarily, intelligently, and knowingly give up your
constitutional right to notice and hearing prior to the
entry of judgment or if you have defenses or other valid
objections to the judgment,
You have a right to a prompt court hearing if you claim
that you did not voluntarily, knowingly, and intelligently
give up your rights to notice and hearing prior to entry of
judgment, If you wish to exercise this right, you must
immediately fill out and sign the petition to strike the
judgment which accompanies the writ of execution and deliver
it to the Sheriff of Cumberland County at Center Square,
Carlisle, PA 17013,
IT IS IMPORTANT THAT YOU ACT PROMPTLY, IT WILL BE TOO
LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER
THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED
OVER TO THE PLAINTIFF,
YOU MUST FILE A PETITION SEEKING RELIEF FROM JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER
THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU
MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICES SE~' FOR'l'H BELOW TO FIND OUT WHERE YOU
CAN GET HELP,
Lawyers Referral Service
Central pennsylvania Legal
Services
213-A N, Front Street
Harrisburg, Pa, 17101
1-BOO-932-0356
100 South Street
P,O. Box 1B6
Harrisburg, Pa, 1710B
1-BOO-692-7375
-
AlLEN E. HENCW
ATTORNEY AT LAW
20M WAJU<ET IT,
NEv.PORT, PA 17014
Tn. (717) 517.3130
FAX (7t7)M7.313CI
LO'ISVLLE OfFCE:
WUT~AINST,
IRT,,""
lOYSVIUE. PA 11047
TEl. (17) 780.3&17
RICHARD L, GULDEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF 'rilE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
v,
JOSEPH p, WINBERRY, JR.,
Defendant
NO, 97 -15ft
CONFESSION OF JUDGMENT
CIVIL-LAW
PEnTlON TO STRIKE JUDGMENT
REQUES'f FOR PROMP'f HEARING
I hereby certify that I did not voluntarily,
intelligently and knowingly give up my right to notice and
hearing prior to the entry of judgment, I petition the
court to strike the judgment on this ground and request a
prompt hearing on this issue.
I verify that the statements made inthis Request for
Hearing are true and correct, I understand that false
statements herein are made subject to the penalties of 18
Ps, C,S, ~4904 relating to unsworn falsification to
authorities,
Notice of the hearing should be given to me at:
(Telephone Number)
ALLEN E. HENCH
ATTORta ATlA,W
2a4 MARKET ST.
NEWPORT. Pit 17014
TEL (717) 587.31311
FAX (717) 587-3130
DATE:
Joseph p, Winberry, Jr,
LOYSVLlE OfFICE:
WEST UAIN ST.
(RU")
LOYSVIlLE. Pit 17047
TEL (717) 7.0.3847
I
i
RICHARD L, GULDEN,
Plaintiff
IN TilE COURT OF COMMON PLEAS
COMI~ONWEAL'l'l\ OF
PENNSYLVANIA
CUMBERLAND COUNTY BRANCH
v,
NO. 97 - 1551
JOSEPH p, WINBERRY, JR.,
Defendant
CONFESSION OF JUDGMENT
CIVIL
PH/IECIPE
Please withdraw thu Conlu:-;siun uf Judglllent in the
above-captioned action.
The Defendant has filed tor Bankruptcy under Chapter 13
and the Confession must be withdrmm as 1.1 result of said
bankruptcy filing,
~jJ (~t.~ _
JO 9f'1t E,~~~ER, ESQUIRE
Nr"OHNEY FOR PLAINTIFF
.
cc: Gary Imblum, Esq" Attorney for Defendant
c: \common\gulden\judglldJ: 1. pr...
AlLEH E, !<ENe!<
ATTORPEY AT LAW
at MARKET 8T.
NE\W'QRT, PA 17'074
TEL. (717) M7~1"
FAX (717) &17.3130
LOYSVUE OFFCE:
WEST MAIN ST,
IAT,V')
lO'l'SVUE. PA 17.<7
Tn. (717) 'S"""
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