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Home My WebLink About98-02175 \' \ \ \ ) \ '.. , \ I.AW OFfllClf;S SNELEtAKER, 8Rf.NN~:MAN & SPARE W. WAYDE KELLY and MARY A. KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA ') 7" NO. (I \)} 'IS Ct"d 'I"~ Plaintiff&' v. KLP ENTERPRISES, INC., Defendant CIVIL ACTION - LAW QQMfLAlMT FOR CONFESSION OF JUDGMENT PURSUANT TO Pa.R.c.p. 2951(bl Plaintiffs, by their attorneys, Snelbaker, Brenneman & Spars, P. C., file this Complaint ~'or Confession of ,rudgment Pursuant to Pa.R.c.p. 2951(b) and in support thereof state the fOllowing: 1. Plaintiff w. Wayde Kelly is an adult individual presently residing at 101 KeJ.ly Drive, Carlisle, Cumberland County, Pennsylvania. 2. Plaintiff Mary A. Kelly is an adult individual presently residing at 770 S, Hanover street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant KLP Enterprises, Inc. is a Pennsylvania business corporation with a principal place of business and last known address of Apartment 704, 1101 Lindham Court, Mechanicsburg, Cumberland County, Pennsylvanla. 4. A true and correct copy of the original Promissory JUdgment Note ("Notell) dated November 7, 1997, which Note shows the Defendant's signature by its duly authorized President, is attached hereto and incorporated by reference herein as "Exhibit A". 5. The attached Note serves as the instrument upon which this Complaint For Confession of Judgment is based. LAWOPf"Cl:(1 SNF.LElAK€R, BRENNEMAN at SPARE 6. Judgment entered hereby is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. The attached Note has not been assigned. 8. Judgment has not been entered on the attached Note in any jurisdiction. 9. Judgment under the Note need not be enterect only after a default or the occurrence of a condition preoedent. 10. The amounts due by Defendant under the Note presently are itemized as follows: A. P,dncipal Sum: $150,000.00 B. Unpaid Interest: 7,000.00 c. Collection Fees (15% of items A and B I above) : _;13.550.00 Totnl: $180,550.00 WHEREFORE, Plaintiffs demand judgment against KLP Enterprises, Ino. as authorized in the warrant in the attached Note in the principal sum of $150,000.00 together with interest in the amount of $",000.00, costs of this action and collection fees as indicated above. Date: April 17, 1998 SNELBAKER, BRENNEMAN & SPARE, P. C. By: !i~'tetH<-- Kerth O. Brenneman, Esquire 44 West Main Street Meohanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs, W. Wayde Kelly and Mary A. Kelly -2- , i I I l,; ^ , , PROMISSORY JUDGMENT NOTE $150,000.00 November 7 , 1997 On demand after date, KLP ENTERPRISES, INC., the undersigned Maker, hereby promises to pay to MARY A. KELLY and W. WAYDE KELLY, joint tenants with right of survivorship and not as tenants in common, or their assigns, the sum of One Hundred Fifty Thousand and NO/100 ($150,000.00) DOllars, without defalcation, value received, with interest at the rate of fourteen per centum (14%) per annum from the date hereof, said interest to be paid monthly on the 7th day of each calendar month, the first such payment to be due and payable on December 7, 1997. In addition to the foregoing, Maker promises and agrees to pay the sum of $165.00 as a late charge for each monthly installment of interest which remains unpaid more than five (5) calendar days after its due date aforesaid; said charge being as Hquidated damages in liau of actual damages and not as a penalty. And further, said Maker does hereby authorize and empower the Prothonotary or any attorney of any court of record of Pennsylvania or elsewhere at any time or times and without default to appear for and enter jUdgment against it for the above principal sum and interest, with costs of the action, with or without declaration or complaint, release of all errors, without stay of execution, and with fifteen per centum (15%) added for collection fees; and said Maker also waives the right of inquisition on any real estate which may be levied upon to collect the obligations evidenced by this Note and it voluntarily condemns the same and authorizes the f';XH ,j B.rri' /~ Prothonotary to enter said vOluntary oondemnat,ion upon any Writ of Execution issued upon the judgment or jUdgments entered hereon I and said Maker further agrees that any property, real, personal or mixed, may be sold on, through and by any Writ of Execution issued upon the jUdgment or jUdgments entered hereon I and further waives and releases all relief from any and all appraisement, stay or exemption laws of any State now in force or hereafter enacted. WAIVER IN EXECUTING THIS PROMISSORY JUDGMENT NOTE, THE MAKER HEREBY DECLARES THAT IT UNDERSTANDS THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHTS TO CONTEST THE ENTRY OF JUDGMENT AGAINST IT ON AND UNDER SAID NOTE, AND DOES HEREBY CONSENT TO THE ENTRY OF JUDGMENT BY CONFESSION WITHOUT DEFAULT AS ABOVE PROVIDED AND AUTHORIZED. IN WITNESS WHEREOF, the undersigned Maker has caused this Promissory JUdgment Note to be executed by its President, attested by its Secretary and impressed hereon its corporate seal the day and year first written above intending to be legally bound hereby. ATTEST: C-~b Secretary KLP ENTERPRISES, INC. r--___ ,~: ---~ By....=- ~~ f.- <':0- ~~ '~ident (SEAL) (Corporate Seal) -2- I j ~ ..... ')...~ I , ilt. ~ .,' v 'I ~~ ~ ':J. I '1 I ~S ~. ~ \l '4l :;,.: ~ " ~ &. ~ . r:~ t' l.;_!f"-" ( '",' (i' 1(' e ji, ' ! " f;!, : ....1' L.' ~I. l(1 tl', to : ~. C..l ('\i J U c::-; r Cl . "-,,' ('r~ G'\ ,... (;() r;; ~ - ,,,- .. .~ IIIC:! 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