HomeMy WebLinkAbout01-0640 FX
~,
I " .., ,- . 'J ~h ;".,_, _
, '~,:;,i';:, ";c..:.""..-"
3
Eric H. Witte, Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01- O(,LtO
v.
Martin L. Cook and Karen J. Cook
Defendants
:CML ACTION
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW comes Plaintiff, Eric H. Witte, and in support of this Complaint in Confession
of Judgment avers the following:
1. Plaintiff herein, Eric H. Witte, is an adult indMdual currently residing at 2221
Buttonwood Circle, Harrisburg PA 17110.
2. Defendant, Martin L. Cook, is an adult individual whose last known address is
3803 Chippenham Road, Mechanicsburg PA 17055.
3. Defendant, Karen J. Cook, is an adult indMdual whose last known address is
3803 Chippenham Road, Mechanicsburg PA 17055.
COUNT I
4. The averments of Paragraphs 1- 3 are incorporated herein by reference
thereto as though set forth in their entirety.
5. By instrument dated June 9, 1995, Defendants executed a Judgment Note in
favor of Plaintiff in the sum of $25,000.00 (hereinafter referred to as "Note
I'').
6. Pursuant to Note I, Defendants were obligated to pay the prindpal sum of
$25,000.00 together with interest of eleven percent (11.0 %) per annum,
payable on or before December 9,1996, as well as a five percent (5.0%) late
fee if Defendants failed to pay any amount due within fifteen (15) calendar
days of its due date. A true and correct copy of Note 1 is attached hereto as
Exhibit "A" and incorporated by reference thereto.
7. Defendants failed to make the payment due on December 9, 1996, and have
thereafter refused to make any further payments.
8. On February 3,1997, the Defendants executed a Modification to Note 1 (the
"Modification") wherein the Defendants acknowledged that as of December 7,
1996, the outstanding principal and accrued interest was $29,125.00.
--, ~' ,
"";1
il
'I
I
!I
'I
!I
I'
,i
'I
I
i
i
!
I
I,
!I
II
i]
I
I
I
,
I
I
,.,1 ,'___,
,"~C" ;, ~'~-~'_ ~~'~" ."",L ',c:.,~L' ..:::,,:_ ;,
"_O\';;;;;~'d
4
9. The Modification further established June 7, 1997, as the new date upon
which Note 1 was due and payable and modified the amount of Note 1 to
$29,125.00 together with interest charges, late fees, and reasonable
attorney's fees and costs. A true and correct copy of the Modification to Note
1 is attached hereto as Exhibit "B" and incorporated by reference thereto.
10. Defendants failed to make the payment due on June 9, 1997, and have
thereafter refused to make any further payments.
11. Accordingly, pursuant to the terms of the instrument, the entire balance of
Note 1 is currently due and owing.
12. The amount due and owing from Defendants as of December 31, 2000, is
principal, interest, and late fees of $56,541.49.
13. Note 1 authorizes the Plaintiff to recover, in addition to principal and interest,
charges, reasonable attorney's fees, and costs.
14. Therefore, the Plaintiff makes a request for an additional sum of $2,500.00 as
well as court filing fees of $14.50 for a total outstanding balance due of
$59,055.99.
COUNT D
15. The averments of Paragraphs 1 - 3 are incorporated herein by reference
thereto as though set forth in their entirety.
16. By instrument dated June 15, 1999, Defendants executed a Judgment Note in
favor of Plaintiff in the sum of $28,000.00 (hereinafter referred to as "Note
2'1.
17. Pursuant to Note 2, Defendants were obligated to pay the principal sum of
$28,000.00 together with interest of twelve and a half percent (12.5 %) per
annum compounded annually on or before January 1, 2000. A true and
correct copy of Note 2 is attached hereto as Exhibit "e" and incorporated by
reference thereto.
18. Defendants failed to make the payment due on January 1, 2000, and have
thereafter refused to make any further payments.
19. Accordingly, pursuant to the terms of the instrument, the entire balance of
Note 2 is currently due and owing.
20. The amount due and owing from Defendants as of December 31, 2000, is
principal and interest of $34,073.15
'~,
",-, ,~
-", "
,,,-",-,, "
L'
, ',., " _ 0' - ~ ~,,-'L ,_ '_" ,,~,,__,.' ~, ;"'-, ___,,^~;-,:k ,', "',
5
21. Note 2 authorizes the Plaintiff to recover, in addition to principal and interest,
charges, reasonable attorney's fees at fifteen percent (15%), and costs and
fees.
22. Therefore, the Plaintiff makes a request for an additional sum of $5,110.97 as
for a total outstanding balance due of $39,184.12.
COUNT III
23. The av~rments of Paragraphs 1 - 3 are incorporated herein by reference
thereto as though set forth in their entirety.
24. By instrument dated June 15, 1999, Defendants executed a Judgment Note in
favor of Plaintiff in the sum of $22,000.00 (hereinafter referred to as "Note
3").
25. Pursuant to Note 3, Defendants were obligated to pay the prindpal sum of
$22,000.00 together with interest of twelve and a half percent (12.5 %) per
annum compounded annually on or before July 1, 2000. A true and correct
copy of Note 3 is attached hereto as Exhibit "D" and incorporated by
reference thereto.
26. Defendants failed to make the payment due on July 1, 2000, and have
thereafter refused to make any further payments.
27. Accordingly, pursuant to the terms of the instrument, the entire balance of
Note 3 is currently due and owing.
28. The amount due and owing from Defendants as of December 31, 2000, is
principal and interest of $26,771.76.
29. Note 3 authorizes the Plaintiff to recover, in addition to principal and interest,
charges, reasonable attorney's fees at fifteen percent (15%), and costs and
fees.
30. Therefore, the Plaintiff makes a request for an additional sum of $4,015.76 for
a total outstanding balance due of $30,787.52.
CONCLUSION
31. With regard to Notes 1, 2, and 3, judgment is not being entered by confession
against a natural person in connection with a consumer credit transaction.
32. A Warrant of Attorney authorizing Confession of Judgment against Defendants
pursuant to Notes 1, 2, and 3 is attached hereto.
6
33. Judgment has not been entered on Notes 1, 2, and 3 in any jurisdiction.
WHEREFORE, Plaintiff respectfully demands judgment against Defendants in the amount of
$129,027.63 as authorized by the Warrant of Attorney attached hereto.
Respectfully submitted,
~~1~--
Attorney 1.0. 36031
1404 Montfort Drive
Harrisburg PA 17110
(717) 238-1811
Attorney for Plaintiff
"
.
I L
,"' "
"~~",. ~ "'" ,h'- ~~'~,)','
,
VERIFICATION
I, ERIC H. WmE, hereby verify that I am the Plaintiff and that the statements
contained in the foregoing Complaint in Confession of Judgment are true and accurate to the
best of my investigation and my knowledge, information, and belief. I understand that any
false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
~
!.j-Ww$fD
Eric H. Witte
Dated;jl'>-Nv~ 2lD
.2001
< ,
,I;
, .-:- ~, '-,,;<'.;,! ~ '~ . ',"' ~-
.'",,;,
8
WARRANT OF AlTORNEY
Pursuant to the attlched instruments, I hereby confess judgment for Plaintiff and
against Defendants in the amount of $129,027.63.
Respectfully submitted,
~~~~
Attorney I.D. 36031
1404 Montfort Drive
Harrisburg PA 17110
(717) 238-1811
Attorney for Plaintiff
Dated:
20:71
,,', "-
, .
I"', _"' ,';-" ",'-.
CERTIFICATION OF ADDRESSES
I hereby certify that the addresses of the parties are:
Mr. Martin L. Cook
3803 Chippenham Road
Mechanicsburg PA 17055
Mrs. Karen J. Cook
3803 Chippenham Road
Mechanicsburg PA 17055
OatedJANVA.~ 10.
el L Solomon, Fsq.
Atto ey 1.0. 36031
1404 Montfort Drive
Harrisburg PA 17110
(717) 238-1811
Attomey for Plaintiff
.20~
'."
"'~
1
9
,<__.-I
l,' _I,~ ",,'
",'"--,'
~, 'OJ ',"
.. ",--~ ,~' ,
~
JUDGMENT NOTE
$25,000.00
June 9, 1995
The undersigned, MARTIN L. COOK and KAREN J. COOK,
("MAKER"), will pay unto ERIC H. WITTE, ("HOLDER"), the sum of
Twenty-five Thousand and XX/100 Dollars ($25,000.00) together
with interest at a rate of eleven percent (11%) per annum. The
outstanding principal balance together with interest and costs
shall be due and payable on or before ~Kne 9, 1996.
December
If Holder has not received any amount due within fifteen
(15) calendar days of its due date, Maker will pay a late charge
to Holder equal to five percent (5%) of the past due amount.
And further upon default of any payment due herein 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 a Judgment
against me in favor of any Holder of this Note without the filing
of an averment of default, with release of errors, without stay
of execution, for an amount equal to Twenty-five Thousand and
XX/100 Dollars ($25,000.00) together with interest, charges,
reasonable attorney's fees and costs, and I hereby waive and
release all benefit and relief from any and all appraisement,
stay or exemption laws of any state, now in force or hereafter to
be passed.
Witness
~cQ~Q(
Martln L. Coo
,1/ ()~
o/!eu j,lA- (,~
Karen J. Cook
Witness
Commonwealth of Pennsylvania
County of Dauphin
On this the ~~ day of June, 1995, before me the
undersigned officer, personally appeared MARTIN L. COOK and KAREN
J. COOK, known to me, (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledge that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
2011COOK.NOT
\., ~,., rf( . \\\!, 'C."A<y\l~
No ary Public
My commission expires:
NOTARIAL SEAL
JANICE L. MEADATH. NotBry Public
Harrisbulll. Dauphin County
My Commission E'pires September. 24. 1998
EX\-\\l) \\
\\~1I
,C"
II;,
'- ~~
'.
EXPLANATION OF RIGHTS
A. I/We Glearly and specifically understand that by
signing a Note dated June 9, 1995, in the amount of $25,000.00,
payable to ERIC H. WITTE, (hereinafter "HOLDER") which contains a
Confession of Judgment clause:
1.
against me/us
upon any real
I/We will authorize the Holder to enter a judgment
in Holder's favor which will give the Holder a lien
estate which I/we may own, including my/our home;
2. I/We will give up the right to any notice or
opportunity to be heard prior to the entry of this judgment on
the records of the court;
3. I/We will agree that the Holder can enter this
judgment without any proof of nonpayment or other default on
my/our part;
4. I/We will subject all of my/our property, both
personal property and real estate, to execution (and sheriff's
sale), pursuant to this judgment, prior to proof of nonpayment or
other default on my/our part;
5. I/We will be unable to challenge this judgment,
should the Holder enter it, except by a proceeding to open or
strike the judgment; and such a proceeding will result in
attorney's fees and costs which I/we will have to pay; and
6. I/We know and understand that it is the Confession
of Judgment clause in the above-described Note which gives the
Holder the rights enumerated above.
B. IF I/WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION
OF JUDGMENT CLAUSE, I/WE UNDERSTAND THAT I/WE WOULD HAVE THE
FOLLOWING:
1. The right to have notice and an opportunity to be
heard prior to judgment;
2.
rests upon the
execution; and
The right to have the burden of proving default
Holder before my/our property can be exposed to
3. The right to avoid the additional expense of
attorney's fees and costs incident to opening or striking off a
confessed judgment.
C. I/We fully and completely understand these rights which
I/we have received prior to signing the above-described Note and
are clearly aware that these rights will be given up, waived,
relinquished and abandoned if I/we sign the Note. Nevertheless,
I/we freely and voluntarily choose to sign the Note, my/our
"" ,~
.
'. I
"'-->'''
,- , 0" ~ ',,-,d'-:";'~ ','.
.~ "'-, -,..": "':i,;
,
intention being to give up, waive, relinquish and abandon my/our
known rights (as described in Paragraph B above) and subject
myself/ourselves to the circumstances described immediately
above.
D. I/We certify that the income of the undersigned, or
conjugal (husband-wife) income with both spouses executing the
document, is at least $10,000.00 annually.
I/WE HAVE READ THIS ENTIRE FORM AND I/WE FULLY UNDERSTAND
ITS CONTENTS:
Witness
~~~~
Witness
t~J9c{;d
Commonwealth of Pennsylvania
County of Dauphin
On this the 0.,% day of June, 1995, before me the
undersigned officer, personally appeared MARTIN L. COOK and ~Y-EN
J. COOK, known to me, (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledge that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
~ d" r(\SL~~
'-No ary Public
2004EXPL.RGT
NOTARIAL SEAL
JANICE L. MEADATH. Nolary PublIC
Hal'risbu~, Dauphin County
My Commiss~n Expires S.pIomber. 24. 1998
~~~.=
, , ~,
- "",'l'--i,b""-~'"w~ ^
~. '. ~',-' -
....---:
"
MODIFICATION TO NOTE
This is a Modification to a certain Judgment Note by
and between MARTIN L. COOK, and KAREN J. COOK, ("MAKER"),
executed unto ERIC H. WITTE, ("HOLDER"), dated June 9, 1995, in
the original principal amount of Twenty-five Thousand Dollars
($25,000.00) .
WHEREAS, Borrower has heretofore executed and delivered
to Holder the Note; and
WHEREAS, Borrower has requested and Holder has agreed
to a modification of the terms thereof.
NOW THEREFORE, in consideration of the promises,
covenants and conditions contained in the Note and herein the
parties agree as follows:
1. As of December 9, 1996, the outstanding principal,
including accrued interest is $29,125.00 ("Principal").
2. The Note shall be due and payable on or before June
9, 1997.
3. The confession of judgment shall be modified to
permit entry of a judgment of $29,125.00 together with interest,
charges reasonable attorney's fees and costs.
4. All terms and conditions of the Note not in
conflict with the modification contained herein shall be and
remain in full force and effect.
IN WITNESS WHEREOF, intending to be legally bound
hereby, Borrower, set their hands and seals the day and year
first above written.
/JJlui
WitnessJ
1l1~ ~
~~~
art L. Cook
~~
ex l..\ll?> \ T \\ ~ 'J
'l"J
",",c__ ,\; l<" - '.L ,.,",c
.~'c-',I
11
Commonwealth of Pennsylvania
County of Dauphin 0
f..lt !H-u~'1, r 11',
On this the :s,.--d day of .D~~c>mhAr, ~, before me the
undersigned officer, personally appeared MARTIN L. COOK and KAREN
J. COOK, known to me, (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledge that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my
hand and official seal.
~~~{~r .
~otary P lic
My commission expires:
./)h;~(}~ ~ t
Wltnes
~d-.e~
M a...r' .f-j'V\ L. ~ 0 K
2058Cookwitte.MOD
j~/~
W~ -<a.S s:-
'>
_il..{-~
~ ::J, Qoo-k. c
NOTARIALS'=AL
SHIRLEY KEYS, Notary Public
Camp Hill, Cumbarland County
Mv Commission Exoires June 17, 2000
lu -<-," ","~ '; "- ",-,
,..;-,,-.
.-''.1'
NOTE
$28,000.00
June 15, 1999
FOR VALUE RECEIVED, the undersigned, MARTIN L. COOK and
KAREN J. COOK, ("MAKER) promises to pay to the order of ERIC H.
WITTE ("HOLDER") at 2221 Buttonwood Circle, Harrisburg,
PENNSYLVANIA, or at any other place that the Holder of this Note .
may designate in writing, the sum of Twenty-eight Thousand and _ iLl-
XX/100 Dollars ($28,000.00) with interest at a rate of twelve andCVVv
one-half percent (12.5%) per annum! The outstanding principal .
together with interest, costs and fees, if any, shall be due and~
payable on or before January 1, 2000. *compo.....w<:"'O-nnLtcvlIV.
Maker of this Note shall have the right to prepay the
principal of this Note in whole or in part prior to its due date
without fee, premium or penalty.
on nonpayment of the aforesaid amount when due, the
undersigned hereby authorizes, irrevocably, the Prothonotary or
Clerk of Court, or any attorney of any Court of Record to appear
for the said undersigned and confess a judgment against the
undersigned in favor of any holder of this Note, with release of
errors, without stay of execution, and for such amount as may
appear to be unpaid thereon, together with charges, attorneys
fees at fifteen percent (15%) and costs as herein provided, and
the undersigned hereby waives and releases all benefit and relief
from any and all appraisement, stay or exemption laws of any
state now in force or hereafter to be passed.
Failure to pay any part of the principal or interest of this
Note wnen due shall authorize the holder of this Note to declare
as immediately due and payable the then unpaid principal and
interest and to exercise any and all the rights and remedies
either at law or in. equity possessed by the holder of this Note.
~xtk.L
"-,/"
rLLMIr;L
Karen . Cook
C \\ r II
r=--x~\0\'"\ v
~. - -"_, M" " ~
. t;';i
Commonwealth of Pennsylvania
County of Dauphin
On this the 15th day of June, 1999, before me the
undersigned officer, personally appeared MARTIN L. COOK and KAREN
J. COOK, known to me, (or satisfactorily proven) to be the
person(s) whose names are subscribed to the within instrument,
and acknowledge that they executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
~;D~-
Notary Pup ic
2010BALL.NOT
Notarial Seal
Kimberly D. Brown. Notary Pub"c
Harrisburg. Dauphin County
My commission Expires Feb. 1B, 2002
, ,
I. '",_
-;" ,~,~' f.J.,'"."
EJ_'c.,
,','" ,'..,'<..,,
EXPLANATION OF RIGHTS
A. I/We clearly and specifically understand that by
signing a Note dated June 15, 1999, in the amount of $28,000.00,
payable to ERIC H. WITTE, (hereinafter "HOLDER") which contains a
Confession of Judgment clause:
1.
against me/us
upon any real
I/We will authorize the Holder to enter a judgment
in Holder's favor which will give the Holder a lien
estate which I/we may own, including my/our home;
2. I/We will give up the right to any notice or
opportunity to be heard prior to the entry of this judgment on
the records of the court;
3. I/We will agree that the Holder can enter this
judgment without any proof of nonpayment or other default on
my/our part;
4. I/We will subject all of my/our property, both
personal property and real estate, to execution (and sheriff's
sale), pursuant to this judgment, prior to proof of nonpayment or
other default on my/our part;
5. I/We will be unable to challenge this judgment,
should the Holder enter it, except by a proceeding to open or
strike the judgment; and such. a proceeding will result in
attorney's fees and costs which I/we will have to pay; and
6. I/We know and understand that it is the Confession
of Judgment clause in the above-described Note which gives the
Holder the rights enumerated above.
B. IF I/WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION
OF JUDGMENT CLAUSE. I/WE UNDERSTAND THAT I/WE WOULD HAVE THE
FOLLOWING:
1. The right to have notice and an opportunity to be
heard prior to judgment;
2. The right to have the burden of proving default
rests upon the Holder before my/our property can be exposed to
execution; and
3. The right to avoid the additional expense of
attorney's fees and costs incident to opening or striking off a
confessed judgment.
C. I/We fully and completely understand these rights which
I/we have received prior to signing the above-described Note and
are clearly aware that these rights will be given up, waived,
relinquished and abandoned if I/we sign the Note. Nevertheless,
I/we freely and voluntarily choose to sign the Note, my/our
, h ';"J: ,'~"' " "_" ~ " - "^ __ ,', I
~' -
--'_'l';'_~
intention being to give up, waive, relinquish and abandon my/our
known rights (as described in Paragraph B above) and subject
myself/ourselves to the circumstances described immediately
above.
D. I/We certify that the income of the undersigned, or
conjugal (husband-wife) income with both spouses executing the
document, is at least $10,000.00 annually.
I/WE HAVE READ THIS ENTIRE FORM AND I/WE FULLY UNDERSTAND
ITS CONTENTS:
.c,............ /1
f
~
Wit ,ss /1
, I / ...
.~&/~;f!
Wl!; ss
~~c.
Commonwealth of Pennsylvania
County of Dauphin
On this the 15th day of June, 1999, before me the
undersigned officer, personally appeared MARTIN L. COOK and KAREN
J. COOK, known to me, (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledge that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
~~k~
Notary blic
2004EXPL.RGT
N018rlal Seal
Kimberly D. Brown, Notary Pub".
Harrisburg. Dauphin County
My Commission Expires Feb. lB, 2002
L ~,~ j , ," ~",,", . ,'", ',0' ,
~'; -
" ~,.k. ~', :., --''
, ~ ',"
NOTE
$22,000.00
June 15, 1999
FOR VALUE RECEIVED, the undersigned, MARTIN L. COOK and
KAREN J. COOK, ("MAKER) promises to pay to the order of ERIC H.
WITTE ("HOLDER") at 2221 Buttonwood Circle, Harrisburg,
PENNSYLVANIA, or at any other place that the Holder of this Note
may designate in writing, the sum of Twenty-two Thousand and
XX/100 Dollars ($22,000.00) with interest at a rate of twelve and,~~
one-half percent (12.5%) per annum~ The outstanding principal -pIV
balance together with interest, costs and fees, if any, shall be~
due and payable on or before July 1, 2000. ~ompound~~Y.
Maker of this Note shall have the right to prepay the
principal of this Note in whole or in part prior to its due date
without fee, premium or penalty.
On nonpayment of the aforesaiq amount when due, the
undersigned hereby authorizes, irrevocably, the Prothonotary or
Clerk of Court, or any attorney of any Court of Record to appear
for the said undersigned and confes,s a judgment against the
undersigned in favor of any holder of this Note, with release of
errors, without stay of execution, and for such amount as may
appear to be unpaid thereon, together with charges, attorneys
fees at fifteen percent (15%) and costs as herein provided, and
the undersigned hereby waives and releases all benefit and relief
from any and all appraisement, stay or exemption laws of any
state now in force or hereafter to be passed.
Failure to pay any part of the principal or interest of this
Note when due shall authorize the holder of this Note to declare
as immediately due and payable the then unpaid principal and
interest and to exercise any and all the rights and remedies
either at law or in equity possessed by the holder of this Note.
-~
wi
i:.,&,~
aren . Cook
E \' D /)
..-/X \,\ \ B fT
'.- ,. '>
. ' ", ~ -- '
, ".',1. ',_ ~ ~_
"~_ k:,.-~.". ''';';;b:,,,;,"'~,"b-,',~j~~;; ~"_~",-",_
,,-i,t'".~':
.
Commonwealth of Pennsylvania
County of Dauphin
On this the 15th day of June, 1999, before me the
undersigned officer, personally appeared MARTIN L. COOK and KAREN
J. COOK, known to me, (or satisfactorily proven) to be the
person(s) whose names are subscribed to the within instrument,
and acknowledge that they executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
L~~4~&v~-/
(Notary Pu lic
2010BALL.NOT
Notarial Seal
Kimberly D. Brown, Notary pubnc
Harrisburg, Dauphin County
My Commission Expires Feb. 1B, 2002
,-,;.I .'
.
. '~ - --", ~ ",-
',i,;
.
EXPLANATION OF RIGHTS
A. I/We clearly and specifically understand that by
signing a Note dated June 15, 1999, in the amount of $22,000.00,
payable to ERIC H. WITTE, (hereinafter "HOLDER") which contains a
Confession of Judgment clause:
1.
against me/us
upon any real
I/We will authorize the Holder to enter a judgment
in Holder's favor which will give the Holder a lien
estate which I/we may own, including my/our home;
2. I/We will give up the right to any notice or
opportunity to be heard prior to the entry of this judgment on
the records of the court;
3. I/We will agree that the Holder can enter this
judgment without any proof of nonpayment or other default on
my/our part;
4. I/We will subject all of my/our property, both
personal property and real estate, to execution (and sheriff's
sale), pursuant to this judgment, prior to proof of nonpayment or
other default on my/our part;
5. I/We will be unable to challenge this judgment,
should the Holder enter it, except by a proceeding to open or
strike the judgment; and such a proceeding will result in
attorney's fees and costs which I/we will have to pay; and
6. I/We know and understand that it is the Confession
of Judgment clause in the above-described Note which gives the
Holder the rights enumerated above.
B. IF I/WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION
OF JUDGMENT CLAUSE. I/WE UNDERSTAND THAT I/WE WOULD HAVE THE
FOLLOWING:
1. The right to have notice and an opportunity to be
heard prior to judgment;
2. The right to have the burden of proving default
rests upon the Holder before my/our property can be exposed to
execution; and
3. The right to avoid the additional expense of
attorney's fees and costs incident to opening or striking off a
confessed judgment.
C. I/We fully and completely understand these rights which
I/we have received prior to signing the' above-described Note and
are clearly aware that these rights will be given up, waived,
relinquished and abandoned if I/we sign the Note. Nevertheless,
I/we freely and voluntarily choose to sign the Note, my/our
.'~
.
'., ,
~,' ,
-..",~
'ili
.
intention being to give up, waive, relinquish and abandon my/our
known rights (as described in Paragraph B above) and subject
myself/ourselves to the circumstances described immediately
above.
D.
conjugal
document,
I/We certify that the income of the undersigned, or
(husband-wife) income with both spouses executing the
is at least $10,000.00 annually.
I/WE HAVE READ THIS ENTIRE FORM AND I/WE FULLY UNDERSTAND
ITS CONTENTS:
~~aJ
r;;.4f~k
aren' . Cook
wit
Commonwealth of Pennsylvania
County of Dauphin
On this the 15th day of June, 1999, before me the
undersigned officer, personally appeared MARTIN L. COOK and KAREN
J. COOK, known to me, (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledge that they executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
~Au-.
Notary P lic'
2004EXPL.RG
Notarial Seal
Kimberly D. Brown, Notary Pub"c
Herrlsburg, Dauphin County
My Commission Expires Feb. 18, 2002
.
Fr, Fn".,O(:T~E
CF T' ","'::";"';'""'YiT;,QY
; ;j'C ~'~;'Uii' ,c_li'l\~ t.~,
01 J'\)131 MIll:S8
CUM'dr:;iLhND COUN.iY
PENNSYLVANiA
tj,sO pr/' a~
5-~ (Jc? //,~~~-u:/
--~--
/ <<SZ'-J /""'~, 4'
~ -/ d 'f':.?9'
/, .
~{ .4.-, /07oliP
I
I
.
j!
1
i
~
~
~
,
/1~ Aua~
~
.'-
~ ~ ~
__~" " l
." ~~_ :. " ," C'," ~', ,,,-,'_ ,
,,;--;,~o -'"-'-~' ~,' "
~.
" ,
Eric H. Witte
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. tJ/- /;t/O (itJ
CIVIL ACTION
Martin L. Cook and
Karen J. Cook
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant(s) of Attorney, true and
correct copies of which are attached to the Complaint filed in this action, I appear
for the Defendants and confess judgment in favor of the Plaintiff, and against the
Defendants, as follows:
(a) Unpaid principal balance
(b) Interest and late fees
$75,000.00
$42,386.40
~11 ,641.23
(c) Attorney fees and costs
TOTAL AMOUNT CONFESSED
$129,027.63
Respectfully submitted,
Mic ael L. Solom n, Esq.
Attorney I.D. 36031
1404 Montfort Drive
Harrisburg, PA 17110
(717) 238-1811
Attorney for Plaintiff
Dated: jANlj~ "3 \ , 2001
~~"-~~=~";,~....=!:".
. ,
..
FI\EO.OfFlCE
,y T' r ,"~""I '''''OT^'RY
\..h- \1":\'': ''-',''i)l,'iU;--i, t\l
, ,
0\ J~H3\ Ai'\\I:56
CUMBtHLJND CQUNn'
PENNSYLVI\N\i\
I
"
j
~
i
~
I
I
..
.
~
,,'.;"
,_ "'j.J"
Eric H. Witte
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 0/ /yi(()
CIVIL ACTION
CttJ
Martin L. Cook and
Karen J. Cook
Defendants
Notice Under Rule 2958.1 of Judgment
and Execution Thereon
Notice of Defendants' Rights
To: Martin L. Cook and Karen J. Cook
Defendants
A Judgment in the amount of $129,027.63 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(s) or other paper(s) 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 on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or
prqperty 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 991-9108 (PA only)
Micha I L. Solomon
1404 Montfort Drive
Harrisburg, PA 17110
(717) 238-1811
Attorney for Plaintiff
1',
F!L[f}-Oi:PCE
"I". ".";/"'''.-1 i"",l '''. ";IlRY
iji: ~_,L" ri:"l:j\;"_JI/-\J
OJ.JAN31 MJII:58
CUMBEHl./V'JD COUNT'{
PENNSYLVANIA
i
!
,
"
~
~
l
1
I
I
I
i
"
'>Ii
~
I,""
...:';-J'"
,)
I
, ,"
" ',,',"
,,: -I
'''''' "
-,' ,d . '.,,', rJ'" ~. " _" ,.. '
.jWl..'''~,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CARLISLE, PENNSYLVANIA
JONATHAN M, WITTE, Administrator of:
The Estate of ERIC H. WITTE,
Deceased, Plaintiff
No, 01-640 Civil
vs,
Civil Action
MARTIN L COOK and
KAREN J. COOK, Defendants
PRAECIPE FOR SUGGESTION OF DEATH and CHANGE IN CASE CAPTION
To the Prothonotary:
AND NOW, this 20th day of April 2001, it is suggested that the plaintiff,
ERIC H. WITTE, died on March 22, 2001, in Dauphin County, Pennsylvania,
leaving JONATHAN M, WITTE as the Administrator of the Estate of Eric H, Witte.
Therefore, the name of the plaintiff is hereby changed on the caption to
"Jonathan M. Witte, Administrator of the Estate of Eric H, Witte, Deceased."
,;
Mic el L Solomo , Esq.
Attorney ID #36031
212 Locust Street, 5th Floor
Harrisburg, PA 17101
(717) 255-7600
Attorney for Plaintiff
Dated:~
':UJ},CI'FICE
"" \,'1"::~~T:":O:\~O\ARY
0\0[:1-3 P\\\2:34
CUMBbiLA\iU COUNTY
PENNSYLVN'JiA
.~
,g
1
s
I
I
:i
I
I
.
:...~
~
" .
'"
.---, ,
,.,'
',0-
",'f
"'-,,, ,
";,
"
.....
Michael L. Solomon
Attorney ID #36031
212 Locnst Street, Suite 500
Harrisburg, PA 17101
(717) 255-7600
Attomey for Plaintiff
COURT OF COMMON PLEAS, CUMBERLAND COUNTY, P A
ERIC H WITTE,
Defendants
) Case No,: No, 01-640 Civil
)
)
)
)
)
)
)
)
)
Plaintiff,
VS.
MARTIN L COOK, KAREN I COOK,
AFFIDAVIT OF SERVICE
The undersigned hereby certifies that a Confession of Judgment with accompanying
Complaint, Notice Under Rule 2958, I, Certification of Addresses and Warrant of Attorney were
duly served upon the above captioned Defendants by mail under Rule 403 on February 14, 200L
A return receipt signed by each Defendant is attached hereto as Exhibit "A", This Affidavit is
made subject to the penalties of 18 Pa,C,S, S 4904 relating to unsworn falsification to authorities,
Dated this 27th day of March, 2001
~~e1t~
Attorney ID #36031
212 Locust Street, Suite 500
Harrisburg, PA 17101
(717) 255-7600
- 1
"
. .....
I,
- 'i~"
~I '"
. ~G"m~llit~llems 1, 2; ahd :l.AI~o c';mpfOt~ .'
"em 4 if Reslricted Delivery is desired.
. ,Print..your name~~.l]d address on the reverse
so that we can ,1Iturn -the card to you.
. Attach Ihis card to Ihe back of Ihe msHpiece,
or on the front if space permits.
1, ArticIe_dlo:
tJ\"'~:t\ '" l" ~K .
3803 U\PptN~NJ\ RD
~ECA\.I>N\G:>tv 'l,c.} p ~
170SS
c,s~ __
X "C c ~< ~~:88CC
D. Is deJJvery address different from item 11 0 Yes
If YES, enter delivery address below: 0 No
J
Ves
2, Artic,\Nu!mber(~OPY,7imS~i~I~Q~08q;; ~? UjO'i',V i i,~b~i' p4S5
i I li lit ~l H H II Ii It!l I 111 III I;:ll\ III I',
PS Form 3811, July 1999 Domestic Relum R_pt "025'5....M-<>'52
. C';IT1Pleli.'1t~ms 1,,2, snda. Aiso complete
,,~!>envery ,s desIred.
. prrnfyoll~"'address on the reverse
So,thst\(1(~;iW' return lhe card to you., .
. Attsch ltifs"C'ard 10 Ihe back of the mallplace,
or on the'lf69t if space permits.'
1. Article Addres~ to:',;
K~E~ j ,~~.
~\ll rPl"N\-\~ ~lJ
~'GW>-N\(.5{1I1P..r.1 PA
nOSS
3. Se ce Type
Certified Mail
o Reglste<ed
o Insured Mail 0 C,Q.D.
4, Restrlc1ed Delivery? (I:xtra Fee)
o Express Men
D Return Receipt fOr Merchandise
Ves
3'05; iO~l.l..-
I I ! I ;,
fromservic~'abeJ}1090 ,;....."""0; O,Oi\~!
" i i I i \ ! j !:! ,j':I~1 liVf1lN J Ii 1 i'1
,I \ J \I Ill! I , I '
PS Form.~11,;~ Domestic Retum ~
l025B5.oo.M.0952
-
EXHIBIT "A"
-
I ,ion
t
~
i
I
~
,i
I
u1
I
I
-w
.
,
t
VI (i"
""
,'I' ,--~:',.-:-,:,:,~)T\RY
'... ,..
,,",'.
CUM \NO COUNTY
'I 3YLVANIA
~
"
'- ,
. ,,-, "
~<
z
Eric H. Witte, EI Demandante
:EN EL TRIBUNAL DE SUPUCAS COMUNES
:CONDADO DE CUMBERLAND,
: PENNSYLVANIA
v.
:NO.
Martin L. Cook Y Karen J. Cook
Los Acusados
:LA ACCION CML
A: MARTIN L. COOK AND KAREN J. COOK, Los Acusados
Usted esta siendo notificade que el
contra suya un fa1lo por confesion en la suma de $
mencionado en el epigrafe.
. del 20--, se anoto en
en el case
Fecha:
.20_
Protonotario
USTED DEBE LLEVAR 1MMEDIATAMENTA ESTE OOCUMENTA A SU ABOGAOO. S1
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA
S1GUIENTE OFIC1NA PARA AVER1GUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
EI Servicio de la Referencia del Abogado del Condado de Cumberland
2 liIAvenida de la Ubertad
Carlisle PA 17013
(717) 249-3166
(800) 991-9108 (PA solo)
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado
de residecia de acuerdo con Pa. R.C.P. 236 es:
Sr. Martin L. Cook
3803 EI Camino de Chippenham
Mechanicsburg PA 17055
Sra. Karen J. Cook
3803 EI Camino de Chippenham
Mechanicsburg PA 17055
~f~-
Mi a L. Solomon, .
1404 La Campana de Montfort
Harrisburg PA 17110
EI Abogado para el Demandante