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Home My WebLink About99-03347 No. 99 - 337 Civil Term VS. -Au Court of Common Pleas Cumb. Co. i 1 WALTER E. MORRISON, Plaintiff v CHRISTOPHER WARD and RUTH WARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- sly! CIVIL TERM CIVIL TERM - LAW JUDGMENT BY CONFESSION CONFESSION OF JUDGMENT PURSUANT TO Pa,R, Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Sum Interest Due through 6/2/99 10% Attorney's Collection Fee Total. $2,934.83 186.51 _ 312.3a $3,433.47,pl.us costs s Houston Esquire Chrr C. Attorney for Rl..i.nti-ff PekwA" l 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 Date: A LAt t Jy ?? 14 E?ossible Error WALTER E. MORRISON, Plaintiff v CHRISTOPHER WARD and RUTH WARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-yL CIVIL TERM CIVIL TERM - LAW JUDGMENT BY CONFESSION CONFESSION OF JUDGMENT PURSUANT TO Pa.R.C.P. 2955 Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Sum Interest Due through 6/2/99 10W Attorney's Collection Fee Total $2,934.83 186.51 $3,433.47,plus costs Christopher C. ouston, Esquire Attorney for Plalnt44t J?eFcN?law?/ 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 Date: A LAt-f- T?/ q?l WALTER E. MORRISON, Plaintiff v CHRISTOPHER WARD and RUTH WARD, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-,34 CIVIL TERM CIVIL ACTION - LAW JUDGMENT BY CONFESSION COMPLAINT AND NOW, comes the Plaintiff, Walter E. Morrison, by and through his attorney, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is Walter E. Morrison, an adult individual, currently residing at 623 Bloserville Road, Newville, Cumberland County, Pennsylvania. 2 The Defendant, Christopher Ward, is an adult individual, currently residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 3 The Defendant, Ruth Ward, is an adult individual, currently residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 4 On or about September 30, 1996, the Defendants did execute a Promissory Note in the amount of Five Thousand Dollars ($5,000.00), payable in twenty-four (24) monthly installments with interest at five per cent (5%), payable to the order of the Plaintiff. Attached hereto and marked as Exhibit "A" is the original Note with the attached Explanation of Rights for a full confession, which is incorporated herein by reference. 5 Judgement is not being entered in this matter by confession against natural persons in connection with a consumer credit transaction. 6 The Promissory Note of September 30, 1996, executed by the Defendants has not been assigned. 7 Judgment has not been entered on the Promissory Note attached hereto in any jurisdiction. A Defendants have failed to comply with the terms of the Note in failing to pay monthly installments, with the monthly installments for February 1, 1999, and thereafter, being due and owing 9 There is due and owing to the Plaintiff the following: Principal Balance Interest Due through 6/2/99 10% Attorney's Collection Fee Total $2,934.83 186.51 312.13 $3,433.47,plus costs WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant in the sum of $3,433.47, plus costs and interest in the sum of forty cents ($.40) per day after June 2, 1999. Respect- lly submitted, Christopher C. uston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17013 717-241-5970 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. W Dot' - ! l? l1'Y?d???'r'x1 Walter E. Morrison ... .. _. ._.. ..-,?byYr ..;...,ore renn.>N.nl. Ju. The Planaenhorn 5,000.00 September 30 /S96 ......... ..................... _We `y "" slate of September 1998 iuosrtrde? / ?" to tie oAc&w ol.... Walter Morrison Five Thousand ?ol?airG _ .............. .... ...... ......... .......... ?pC in-24 monthly installments ............. With interest ._5 and without defalcation, eahm lweived. Upon the non-payment of lhia note at maturity, 1/we do hereby authorize the prothonotary or any attorney of any court of record of the United States to appear therein and, with or without statement filed, to confess judgment therein against me/us and in favor of the then holder of this note, whether he be theoriginal payee, or an seal Rneeorendorsee thereof, for the amount named. herein, with interest, costs of suit, release of errors, and with ten per cent, added for collection fees, hereby waiving all right of stay of execution, inquisition and appeal, and the benefit of any and all laws now or hereafter to be passed exempting real or personal property from Icmy and Isle on execution, and also waiving the benefit of the present or any future insolvent laws of any state of the United Stales and of the present or any future bankrupt law of the United States. Witness ....__our hands andseal S t? 0??' ? yy/. / _ (sear/ \L.'•?wttiK.. 1, fT a .,M.?L Ruth Warrl/=e'+?- CC/ . _ (Sea(1 . t? a b COURT OF COMMON PLEAS Of ............................_............:...................................................... County No. Term, ................................................19........ .............................................................. VERSUS Face of Note, - - - Collection fees or Iiquidating damages, Interest on principal from Total, - - .? ............................hereby appear for Defendant within named, and confess judgment against and in favor of Plaintiff in the sum of ........ ...... ................................................ _.........._......... ................. ................ ................ ............ Dollars. The amount due on the within note, with Interest-9- .................... .....:.:............_.............................._........................................................,:..and with ten per cent, collection fees, or liquidated damages added, and with costs of suit, and without defalcation or stay of execution, and with a release of all errors and waiver of all rights to inquisition and appeal, and to the benefit of all laws exempting real or personal property from levy and sale, and also waive the benefit of the present or any future bankrupt laws, etc. Attorney for Defendant Enter judgment in favor of the Plaintiff and against the Defendant by virtue of the lower contained in the within note and by the authority of the above confession. for the sum stated in said confession of judgment and with all the waivers and conditions therein stated. To the Prothonotery. Attorney for Plaintiff Entered and filed .... _. .... ___...14__.. Prothonotary 4 1 Y EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing' a note dated .....C7 19.% in the amount of $ ?OO:cv payable to ....... ..........?!!?6ti ..l? ? ?? .................................. which contains a Confession of ..... .... Judgment clause: 1. 1 will authorize h Vf t to enter a judgment against me and in favor which will give k- 7) a lien upon any , real estate which I may own, including my home; 2. 1 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. 1 will agree that kt- can enter this judgment without any proof of non-payment or other default on my part; 4. 1 will subject all of my property, both personal property and real estate, to execution (and Sheriff's sale), pursuant to this judgment, prior to proof of non-payment or other default on my part; 5. 1 will be unable to challenge this judgment, should fv?F 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 will have to pay. B. I know and understand that it is the Confession of Judgment clause in the above-described note which gives {w- ; the rights enumerated in sub-paragraphs 1 through 5 of paragraph A. above. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, i UNDER- STAND THAT I 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 rest upon before my property can be exposed to execution; 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off a confessed judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described note; and clearly aware that these rights will be given up, waived, relinquished, and abandoned if 1 sign the note, I nevertheless freely and voluntarily choose to sign the note, my intention being to give up, waive, relinquish, and abandon my known rights (as described in paragraph B. above) and subject myself to the circumstances described in paragraph A. above. WITNESS: I HAVE READ THIS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS J EXHIBIT A .- 6, ice./; C d a- a CS 11n LO 0 L ;'] J ?' C7 i ?n {.A \HTL T' ' U w v ij