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HomeMy WebLinkAbout98-00060 No. tjg - tJJ~ . alii Term '~l'_l~~ J;;{.:-. . ~ih' , ;~:tiVS, 1.~~L>",1.)J'!J1__' JfI~4 ~:;1~~;;!:,<.: \, . ''';', . , .. Court Of ComlllonPleas . Cumb.Co. . ~{:,r~: . ~~ '. , ' {it;:"",- v;."" l'" ,. . - ::~JI. ;j.~ . 'Ii "~'~ "-~l, ,.~,~t, 'I:~ .' ::'i/k~ '-:'~1~ '.' ,.fl .<~ 'it~ .!;~ '~l' -'~.-' ';::,~:~~ , ;}\ ~..t..~ ,::;~ . -.;:,~'-j""j~ ...."~ ..~ ;1'~ ~;~';'.' .~il ~;~~ "'""J .:~f;~ ':""'t~l ,~;d ~ c. ,"_1 J' \1 .' 'I ;h ..,-\~ ,j 't " '( '~ "rf "'I .-.' ,i ':t "j '(1 ( , f\ ,V ~ " c;.:"\'.1~ .~, \' ::.; ;~ \. I i joot., I \ i l. !t I I ,. .' \ ~n', , 1~; , , -tI.... I,!' J1 J If .,. , I ;.......~ . ". 'Il".1l"....~..._ \ I .I i , , ol-n' . or, .1 " ~ . 'i::' l . .~ . J ',' ..,:.tr:,'.' .- .~ , ~,; ~' . , 'iI',.. .... ~. . .., .~. , , ~' " . . \ .~-.... . 'J '"." i.-,. ", .. . . ,{ Ii ~\ .'1 \ : I f , ..... ""... " '. , .' ~ ) ii4. ." ',.. ~~.l'- ',' ,,: . If' " . '~ . . 'I r-'. "',." ",. .........-., . - C/8- 00 t4J~ NOTE $8,661.25 camp Hill, Pennsylvania Date: Itl!,p/f7 I I FOR VALUE RECEIVED, the undersigned, William M. Herr, (hereinafter referred to as "Maker"), promises to pay to Robert E. Wertz, 3412 Lisburn Road, Mechanicsburg, Pa 17055, his personal representatives, heirs and assigns (hereinafter referred to as "Payee"), the principal sum of Eight Thousand, Six Hundred and One Dollars and Twenty-five Cents ($8,661.25) lawful money of the United States of America, together with interest at the rate of ten percent (10\) per annum, payable on demand after the date hereof. Further, to secure payment of this Note, Maker irrevocably authorizes and empowers the Prothonotary, Clerk of Court, or any attorney of any court of record to appear for Maker and to enter and confess judgment against Maker for the principal sum set forth above, without declaration, with interest and costs of suit and .1 , I j ( with reasonable attorneys fees of not less than ten percent (10\). Maker agrees that any of Maker's property may be levied upon to collect said judgment and may be sold upon a writ of execution, and hereby waives and releases all laws, now or hereafter in force, relating to exemption, appraisement or stay of execution. The I , oj ';'1 .(! , I authority granted herein to confess judgment shall not be exhausted by an exercise thereof but shall continue from time to time at all times until Maker has paid all sums required to be paid under this i' , ;. n: ~ I' " ..~ .. " ,(I I Demand, grace, presentment for payment, protest, notice of dishonor or nonpayment and notice of the exercise of any option hereunder are hereby waived by Maker. This instrument shall be governed and construed according to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, and intending to be legally bound hereby, Maker has executed and sealed this Note the day and year first Note. , above written. WITNESS: .&C!.r' eJ2 GJ(f Address: 640 St. Johns Road Camp Hill, PA 17011 -2- DISCLOSURE FOR CONFESSION OF JUDGEMENT I, William M. Herr, am executing this day of , 1997, a Note for Eight Thousand, Six Hundred and One Dollars and Twenty-five Cents ($8,661.25) payable to the order of Robert E. Wertz, obligating me to repay that amount, together with interest at the rate of ten percent (10%) per annum, on demand after the date hereof. I understand that the Note contains wording that would permit the holder of this Note to enter judgement against me at the Courthouse for the entire amount of said Note, without notice to me and without offering me an opportunity to defend against the entry of judgement, and that the judgement may be collected and enforced by any legal means. In executing this Note, I knowingly, understandingly and voluntarily waive my rights to resist the entry of judgement against me at the Courthouse, and I consent to the confession of judgement. I hereby certify that my annual income exceeds Ten Thousand Dollars ($10,000.00), that I have read this entire Disclosure and the Note and understand them, and that I have received a copy of both at the time I signed them. I HAVE READ THIS FORM AND FULLY -C12 @J4- HERR Address: 640 St, Johns Road Camp Hill, PA 17011 >- r- .1 '1 f'\. ~ ~ 6 ~ '"6 ~ UJ._. ..:; :-=.J~~' , u....:. t l-..::' [Eo ;c G~~ \\ ~ ~ '0. 1.;:5 n. :< IV) @[ (J~ ..~ \ \D ...:. <:1) 1 I ::'SZ ~~ ~ u:: L tJ ;:r. n:Z ~ -," -:t: tUtU r= ~ ~a... ~ u. co :;i ~ \r) 0 0"1 U '\ () ~ . too 6~~fl ~,/t. , OEKIRAL POWER or ATTORNE! I, WILLIAM M. HERR of Hampden Township, Cumberland County, Pennsylvania, hereby appoint GEORGE A. SEIDEL of Coopersburg, . Pennsylvania, (hereinafter referred to as "my attorney") my attorney, and I intend that my attorney may transact all my business for me and in my name and stead manage all my property and affairs as completely as ~ myself might do if personally present, including but not limited to, exercising the following powers: 1. Execut:ion of Cont:ract:s. To enter into, perform, modify, extend, cancel, compromise, enforce, or otherwise act with respect to any contract of any sort whatsoever, including but not limited to, leases and mortgages, and to pay any money or to transfer title and possession to any real or personal property that may be required to be paid or transferred by any contract or in the performance of any obligation entered into or incurred by me or on my behalf. 2. Investment:s. To invest in all forms of real and personal property without any restriction whatsoever as to the kind of investment, including but not limited to, United States Treasury Bonds which are redeemable at par in payment of federal estate taxes. 3. Reaist:ration of ProDertv. To hold property unregis- tered or in the name of a nominee. AlDIS. GUIDO & MASLAND !109 Markrc Slrc~CI Camp Hili. PA 4. Personal ProDertv. To buy or sell at public or private sale for cash or credit or partly for each, exchange, pledge, lease, give or acquire options for sales or exchanges or leases, or by any other means whatsoever to acquire, dispose of, repair, alter or manage tangible or intangible personal property or any interest therein; and, without limitation, with respect to any securities, to comply with any securities laws or regulations, to execute indemnity agreements, to purchase insurance and to pay commissions or discounts required by any underwriting. 5. Real ProDertv. To buy or sell at public or private sale for cash or credit or partly for each, exchange, mortgage, encumber, lease for any period of time, give or acquire options for sales, purchases, exchanges or leases, dedicate, or by any other means whatsoever to acquire or dispose of real property or any interest therein; to partition and subdivide real property; to manage real property; to repair, alter, erect, or tear down any structure or par.t thereof; and to file such plans, applications, or other documents in connection therewith and do such other acts as may be requested by any government or other authority having or purporting to have jurisdiction. 6. Securities. To vote in person or by proxy at any meeting, to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, to make payments in connection therewith, and,in general to exercise all rights of a security holder. 7. Insurance. To procure, alter, extend or cancel insurance against any and all risks affecting property and persons, and against liability, damage or claim of any sort; and to exercise any non-forfeiture provisions of life insurance policies, 8. Loans. To borrow money in such amounts for such periods and upon such terms as my attorney shall deem proper and to secure any loan by the mortgage or pledge of any property, and I specifically authorize my attorney to borrow money and to pledge property as collateral for the purpose of purchasing United States Treasury Bonds which are redeemable at par in payment of federal estate taxes. iAlDlS, GUIDO '" MASLAND 2109 Market Street Camp Hili, PA 9. Bank Accounts. To sign checks, drafts and other instruments or otherwise make withdrawals from any checking, savings, transaction or other deposit account in my name, and to endorse checks payable to me and receive the proceeds thereof in cash or otherwise; to open and close checking, savings, transaction or other deposit accounts in my name; to purchase and redeem savings certificates, certificates of deposit or similar instru- ments in my name; to execute and deliver receipts for any funds withdrawn or certificates redeemed; and to do all acts regarding any checking account, savings account, savings certificate, certificate of deposit or similar instrument which I now have or may hereafter acquire, the same as I could do if personally present. Any financial institution may continue to rely on this power of attorney until it receives written notice from me that this power of attorney is revoked or actual notice of my death and shall be indemnified and held harmless by me and my estate, 2 personal representatives and heirs against any liability or loss, including lawyers' fees, costs of suit and claims of third parties, which it might incur by relying on this power after termination or revocation but before it receives such notice, or at any time because of wrongful acts, omissions or representations of my attorneys with respect to transactions covered by this power of attorney. My attorney shall be subject to whatever bank rules and regulations I would be subject to. 10. Safe DeDO.it 80xe.. To have access to and control over the contents of any safe deposit box rented by me, to rent safe deposit boxes in my name, to close out and execute and deliver receipts for safe deposit boxes in my name, and to do all acts regarding any safe deposit box which I now have or may hereafter acquire, the same as I could do if personally present; provided that my attorney shall not deposit or keep in any such safe deposit any property in which my attorneys have a personal interest. Any financial institution may continue to rely on this power of attorney until it receives written notice from me that this power of attorney is revoked or actual notice of my death and shall be indemnified and held harmless by me and my estate, personal representatives and h~irs against any liability or loss, including lawyers fees, costs 'of suit and claims of third parties, which it might incur by relying on this power after termination or revoca- tion but before it receives such notice, or at any time because of wrongful acts,' omissions or representations of my attorneys with respect to transactions covered by this power of attorney. My attorney sh~ll be subject to whatever bank rules and regulations I would be subject to. iAIDIS. GUIDO '" MASLAND 2109 Market Street Camp Hili. PA 11. Receipts and Approval of Accounts. To receive a payment of any kind, including a bequest, devise, gift or other transfer of real or personal property to me in my own right or as a fiduciary for another, and to give full receipt and acquittance therefor, or a refunding bond therefor, to approve accounts of any business, estate, trust, partnership or other transaction whatso-ev- er in which I may have any interest of any nature whatsoever, and to enter into any compromise and release in regard thereto. 12. Compromise and Arbitration of Claims. To compromise or arbitrate any claim in which I may be in any manner interested, and for that purpose to enter into agreements to compromise or arbitrate, and either through counselor otherwise to carryon such compromise or arbitration and perform or enforce any award entered in arbitration. 3 13. Institution and Defens. of Claims. To institute, prosecute, defend, compromise, or otherwise dispose of, and to appear for me in, any proceedings at law or in equity or otherwise before any tribunal for the enforcement or for the defense of any claim, either alone or in conjunction with other persons, relating to me or to any property of mine or any other person, and to retain, discharge and substitute counsel and authorize appearance of such counsel to be entered for me in any such action or proceeding. .AIDlS, GUIDO '" MASLAND 2109 Market Street Camp Hili. PA 16. Tax.s. To prepare, execute and file in my name and on my behalf any return, report, protest, application for cor- rection of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including petition to the United States Tax Court, in connection with any tax imposed or purported to be imposed by any government, authority or agency, or claimed, levied or assessed by any government, authority or agency and to pay any such tax and to obtain any extension of time for any of the foregoing; to execute waivers of restrictions on the assessment and collection of deficiency in any tax; to execute closing agreements and all other documents, instruments and papers relating to any tax liability of mine of any sort; to institute and carryon either through counselor otherwise any proceeding in connection with contesting any such tax or to recover any tax paid, or to resist any cldim for additional tax or any proposed assess- ment or levy thereof, and to enter into any agreements or stipula- tions for compromise or other adjustment or disposition of any tax, 15. Disclaimer. To execute, deliver and file for record disclaimers of any part or all of any property, power or interest passing to or for me under any will, deed of trust or otherwise. 16. Creation of Trust. To create a revocable trust for my benefit under the terms of which (i) my attorney or anyone or more other persons or corporations with fiduciary powers selected by my attorney is named as the trustee or trustees, (ii) during my lifetime the entire net income and as much of the principal as I or my attorney directs or my trustee thinks desirable shall be paid to me or as I or my attorney direct, and (iii) upon my death the principal and any undistributed income shall be payable to the executor or administrator of my estate, and to transfer property to the trustee or trustees thereunder. , il < 4 17. EIIIDloVllent of Others. To employ accountants, attorneys-at-law, investment counsel, custodians, agents, servants, and others, to delegate to them, to remove them, to appoint others in their places, and to pay them such remuneration as my attorney shall deem proper. 18. Bxecution of Doculllents, To execute, deliver, file for record, cancel, modify, endorse, acquire or dispose of any instrument, including but not limited to, stock and bond powers, vehicle registrations, financing statements and related filing documents, reports of any sort to any government, authority or agency, as required or permitted by law, deeds with or without covenants or warranties, and any other document appropriate for carrying out any of the foregoing powers. 19. Health Care. To arrange for my entrance to and care at any hospital, nursing home, health center, convalescent home, retirement home, or similar institution, and to arrange for, consent to, waive and terminate any and all medical and surgical procedures on my behalf, including the administration of drugs, and to pay all bills for my care. 20. g~neral. To do all things which my attorney shall deem proper in order to carry out any of the foregoing enumerated powers, which shall be construed in the broadest possible manner. The descriptive heaClings of this general power of attorney are inserted for convenience only and shall not be deemed to affect the meaning or construction of any of the provisions hereof or to limit in any way the construction thereof in the broadest possible manner. iAIDIS, GUIDO '" MASLAND 2109 Market Slreet Camp Hili. PA 21. Substitution. My attorney-in-fact shall have full power of substitution and revocation, and such substitution or revocation may relate to, or be limited to, anyone or more or all of the foregoing acts or powers, or be limited as to time or in such other respect as my attorney shall deem proper. 22. Ratification. I hereby ratify and confirm all that my attorney or the substitute or substitutes therefor shall lawfully do or cause to be done by virtue hereof. 23. Bffect of Mv Disabilitv. This power of attorney shall not be affected by my disability. 2>1. GoverninQ Law. This power of attorney shall be governed by and interpreted in accordance with Pennsylvania law. 5 \1 . \ '.,\ " , , I i , ( ...... \' j ~, 1M "ITMESS~~BRBOF, this, the /1 ,- day of I have hereunto set my ~cA- hand and seal on , 1994. WITNESS: ~~~AL) 11 am M. Herr ). 0.( e<~<t.It.-.( , , ,AlDIS, GUIDO '" MASLAND 2109 Market S..... Camp Hili. PA 6 COMMONWEALTH O~ PENNSYLVANIA) COUNTY O~ CUMBERLAND) On this, the / 'I'i:! day of ~ , 1994, before me, a notary public, the undersigned officer, personally appeared KILLIAM M. RIRR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowledged that he executed the same for the purpose therein contained. IR KITKBSS KBlREOF, I have hereunto set my hand and official seal. ."~. .. ~~ cLe{i~~4~: Notary Public .... ,AlDIS, GUIDO '" MASLAND :! I 09 Market Street Camp Hili. PA NOTARIAL SfAl TIlElMA S, McCAUSLIN. Nolary Public Camp Hill, CumberlantJ Counly My Commission !Jpires July 3. 1996 7 .~ Er; r- ~ r:: .. ':> UJ~"? ..::t :~., ::t: [Eo'- :c ~):;:".. (.:.1 - ;J: ~~ 0.. (::~ .9 <.D ~"cn pc ,,- I J? cc'4J ~ n:z l.UIU F ~-:: co a. -, ::E IS OJ ::> en U ROBERT E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, q~ -/PO &'uJ..:ftUM WILLIAM M. HERR, Defendant CIVIL ACTION - LAW AFFIDAVIT AND NOW this ~~ day of J4nlJlt"Y ,1998, before the undersigned Notary Public, personally appeared Robert E. Wertz, who deposes and says that the judgement that is being entered against William M. Herr pursuant to the warrant of attorney contained in the Judgement Note is not being entered by confession against a natural person in connection with a consumer credit transaction. ~b~!;~f.!.~ ~ Sworn and subscribed before me this (p7'- day of JI/N'-'Illf,/ 1998 ~ cI ffdJ_l- Notary Public My Commission Expires: Nolsrtal SellI Kathryn S. Pa""rson. Notary PubIlo Harrisburg, Dauphin County My Commission Expires May 22, 2000 .' "":--"',"" >- ,... b. ~ .<: 0 .::1 8~ 'W..,. 0" ~ 0::""5 :c ~15 C1- q~ \D of....(J) C' ,:)2 ~ I u:UJ % 'fiZ lm iE ..." t1.la. -, ::;:. u. a:J . ::> '0 0' U ROBERT E, WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO, @ - (pO ewJ ...:/:J01 WILLIAM M, HERR, Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the following are the last known addresses of residences of the parties: Address for Plaintiff: Robert E. Wertz 3412 Lisburn Road Mechanicsburg, PA 17055 Address for Defendant: William M. Herr 640 St. Johns Road Camp Hill, PA 17011 ~riP~- ~ent H. Patterson Attorney for Plaintiff 221 Pine street Harrisburg, PA 17101 (717) 238-4100 '- .( . >- r-. E; ~ ~Q .. .'- ::J ..:r o;$. -~ :c:: U~~ a.- n:;;"; @rE 'J.~ \.0 ..-{:" I ::'1;:: -LU ~- ffi~ u-;E oct ru -, ~' .<!: }5 co ::> en (J ROBERT E. WERTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. qg _ (p{) ewJ -:Ja./1I1 WILLIAM M. HERR, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE And now this If!:- day of lcz.-t.,\,~, 1998, I, Kent H. Patterson, certify that I this da~ served Defendant with the Notice of Entry by Confession of Judgement, a copy of which is attached, by depositing same in the United states Mail, postage prepaid, addressed as follows: William M. Herr 640 St. Johns Road Camp Hill, PA 17011 ~/7ff7~ ~ent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 ,": >- r- (; a; ;::!: .. ,.. t59 .:r :':1~ /:Ef.:J :t:: 8"-' 'J: ,~ g~ 0.. I~;;:'~ " r,r~ 1.O ::~~ !:So.. I <~!?:t a: lu ::<:: CI~' iE 'J.'m ~ i:r.ll .....-. L'- lL a:l .\-~ 0 .::l en U , ROBERT E, WERTZ, IN THE COURT OF COMMON PLEAS '/1 Plaintiff . OF CUMBERLAND COUNTY . v. , NO. fj,/dJ ~~ , . , WILLIAM M. HERR, Defendant CIVIL ACTION - LAW You are hereby notified that on ().avt. & , 1998, judgement by confession was entered ~~inst you in the sum of $8,601.25 in the above-captioned case. DATED: J.{p .tJ'6' 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 I hereby certify that the following is the address of the defendant stated in the certificate of residence: , 640 St. Johns Road Camp Hill, PA 17011 " /~ 7 /~~~ Kent H. Patterson ,;~ ~ Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 !~ ,- ".. ROBERT E. WERTZ, IN THE COURT OF COMMON PLEAS Plaintiff , OF CUMBERLAND COUNTY . v. NO, . , WILLIAM M. HERR, Defendant CIVIL ACTION - LAW Por este medio sea avisado que en el dia , de 1998, un fa110 por admision fue registrado contra usted por la cantidad de $8,601.25 del caso antes escrito. FECHAY: el dia , de 1998. prothonotary LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 Por este medio certifico que 10 siguiente es la direccion del demando en e1 certificado de residencia: 640 st. Johns Road Camp Hill, PA 17011 ../ .17A~~- Kent H. Patterson Abogado de Demandante 221 Pine Street Harrisburg, PA 17101 (717) 238-4100