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HomeMy WebLinkAbout99-03323 No. OV-3 Civil Term f VS A e M ? l? I ¢. Court of Common Pleats Cumb. Co. w , f. i i a f 3 j I 1 , ROXBURY HOLINESS CAMP, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY V. Docket No.: k-N - H. ORVILLE HEISEY and BERTHA S. HEISEY, Defendants NOTICE OF ENTRY OF CONFESSED JUDGMENT TO: H. ORVILLE & BERTHA S. HEISEY 254 Mount Rock Road Nevrville, PA 17241 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you in the above-captioned matter. Date: ? )q l W L wc l Prothonotary If you have any questions concerning this Notice, please call Jeffrey A. Ernico or Robyn Katzman Bowman, attorneys for Plaintiff at 717-232-5000. :186117 1 ROXBURY HOLINESS CAMP, Plaintiff V. H. ORVILLE HEISEY and BERTHA S. HEISEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 99 3?3 CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original of which is attached as Exhibit "A" 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: Principal $ 200,000.00 Interest from 7/24/98 $ 13,676.52 Costs of Filing $ 45.50 TOTAL $213,722.02 Respectfully submitted, METTE, EVANS & WOODSIDE By* J?ffrey-A. Ernico, Esquire P. Ct. I. D. #07981 Robyn Katzman Bowman, Esquire Sup. Ct. I. D. #47598 3401 North Front Street P. O. Bor. 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants, H. Orville Heisey and Bertha S. Heisey DATE: June 2, 1999 :185674 1 ROXBURY HOLINESS CAMP, Plaintiff V. H. ORVILLE HEISEY and BERTHA S. HEISEY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket No.: 99_ 3323 COMPLAINT NOW COMES, ROXBURY HOLINESS CAMP, by and through its attorneys, Matte, Evans & Woodside, and files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession, and avers as follows: 1. Plaintiff is Roxbury Holiness Camp whose mailing address is 144 Nicholas Road, Lancaster, PA 17603. 2. Defendants are H. Orville Heisey and Bertha S. Heisey, husband and wife, who reside at 254 Mount Rock Road, Newville, PA 17241. 3. Attached as Exhibit "A" hereto and incorporated herein is the original Promissory Note authorizing confession of judgment, duly executed by Defendants. 4. The attached Promissory Note has not been assigned. 5. Judgment has not been entered in any jurisdiction on the attached Promissory Note authorizing confession. 6. Demand was made on July 24, 1998 for payment of the entire sum due under the Note, and Defendants have defaulted by failing to make timely payment to Plaintiff upon said demand. 7. The Defendants have acknowledged that the transaction is not a consumer transaction and that they consent to the entry of said judgment on a certain Explanation of Rights document dated July 24, 1998, a true copy of which is attached hereto and marked Exhibit "B". 8. Consequently, Defendants are liable to Plaintiff as follows: Principal $200,000.00 Interest from 7/24/98 $ 13,676.52 Costs of filing $ 45.50 TOTAL $213,722.02 WHEREFORE, Plaintiff demands judgment in the sum of $213,722.02 as authorized by the warrant of attorney appearing in the attached Promissory Note. Respectfully submitted, METTE, EVANS & WOODSIDE By: ,J,eftns A. Ernico, Esquire 'Sup. Ct. i. D. #07981 Robyn Katzman Bowman, Esquire Sup. Ct. I. D. #47598 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff, Roxbury Holiness Camp DATE: June 2, 1999 VERIFICATION I, M. EUGENE HEIDLER, hereby verify and state that I am President of Roxbury Holiness Camp, the Plaintiff in the above-captioned matter, that I am authorized to make this Verification on Plaintiffs behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities, FOR ROXBURY HOLINESS CAMP M. Eug a Heidler DATE: June 2, 1999 :1856691 Exhibit A PROMISSORY NOTE $200,000.00 To L Y 2-q 1998 Date HAPyRisLRL PA Place For value received, the undersigned promises to pay to the order of ROXBURY HOLINESS CAMP (the "Obligee" or "Payee") or its assigns, the sum of Two Hundred Thousand Dollars ($200,000.00) upon demand and interest from the date hereof at the rate of eight percent (8%) per annum. The maker hereof hereby authorizes any attorney at law to appear in any court of record of the State of Pennsylvania or any other state in the United States at any time after this note becomes due, whether by acceleration or otherwise, and to waive the issuing of service of process and exemptions and confess a judgment in favor of the legal holder hereof against the maker for the amount of principal and interest then appearing due upon this note, together with costs of suit and to release all errors and waive all right of appeal or exemption. The maker hereof hereby waives presentment, demand notice of dishonor, protest and notice of non-payment and protest. The undersigned has executed this instrument in the capacity of maker. WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHTS TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR. WITNESS: _&20'I414 _ H. Orville Heisey, Obl' or, Maker AX]d Bertha S. Heisey, Obligor, aker 1609181 Exhibit B EXPLANATION OF RIGHTS - CONFESSION OF JUDGMENT 1. On Tbt`/ 2y , 1998, H. ORVILLE HEISEY and BERTHA S. HEISEY (the "Makers"), executed an Demand Judgment Note in favor of ROXBURY HOLINESS CAMP, or their assignee, (the "Payee"), agreeing to pay the original principal sum of Two Hundred Thousand Dollars ($200,000.00) and other charges as therein provided (the "Note'"). The Note contains a confession of judgment clause. Makers clearly and specifically understand that by signing the Note, which contains a confession of judgment clause: (a) The Makers authorize the Payee to enter a Judgment against Makers and in favor of the Payee which will give The Payee a lien upon any real estate which the Makers may own; (b) The Makers give up the right to any notice or opportunity to be heard prior to the entry of this Judgment on the records of any court where the judgment may be entered; (c) The Makers agree that the Payee can enter the judgment upon demand as defined in the Note between the Makers and the Payee of even date hereto; (d) The Makers subject their property, real, personal and mixed, to execution and sheriffs sale, pursuant to the judgment, prior to proof of non-payment or other default on the part of the Makers; and (e) The Makers will be unable to challenge the judgment, should the Payee enter it except by proceeding to open or to strike the judgment, and such a proceeding will result in attorneys' fees and costs which the Makers will have to pay. 2. The Makers know and understand that it is this instrument and the confession of judgment clause in the Note which gives the Payee the rights and benefits enumerated in subparagraphs (a) through (e) of paragraph 1 above. IF THE INITIALS'.=2? W ITUIS. ' MAKERS DO NOT SIGN THIS INSTRUMENT THE NOTE WHICH CONTAINS THE CONFESSION OF JUDGMENT CLAUSE AND THE WARRANT OF ATTORNEX MAKERS UNDERSTAND THAT MAKERS WOULD HAVE THE FOLLOWING RIGHTS: (a) the right to have notice and an opportunity to be heard prior to Judgment; (b) the right to have the burden of proving default rest upon the Payee before Makers' property can be exposed to execution; (c) the right to avoid the additional expense of attorneys' fees and costs incident to opening and striking off a judgment; (d) the right to require the Payee to present a sworn document setting forth in non-conclusory terms the basis of its claim before the Payee obtains a writ of attachment; (e) the right to condition the issuance of a writ of attachment on a review and approval by an official vested with the requisite discretion; and (f) the opportunity for or right to a prompt post-seizure hearing at which the Payee must demonstrate at least the probable validity of its claim. I The Makers fully and completely understand these rights which the Makers have prior to signing the Note and this instrument and are clearly aware that these rights will be given up, waived, relinquished and abandoned if the Makers sign the Note and this instrument. The Makers, nevertheless, freely and voluntarily choose to sign the Note and this instrument. Makers' intentions being to give up, waive, relinquish and abandon Makers' known rights (as described in paragraph 2 above), and subjects Makers to the circumstances and consequences described in paragraph 1 above. -2- wrrw s: -2e 4. The Makers acknowledge that (a) this instrument has been executed in a commercial transaction for business purposes; and that (b) the annual income of Makers exceeds $10,000.00. Dated as of this ?2y iA day of 11) L. `r , 1998. THE MAKERS HAVE READ THIS ENTIRE FORM. THE. MAKERS FULLY UNDERSTAND ITS CONTENTS AND INTEND TO BE LEGALLY BOUND HEREBY. Witness ? c Witness 150919.1 -3- a' (SEAL) H. Orville Heisey (SEAL) Bertha S. Heisey cr 3 Cu Q" _ _ m 2-1 f ? hill T_ LJti`? f.,_ ? QUO. Y7 CYN