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GRIFFIE & ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
KATHRYN KAUTZ, NO. qq 59 0 `1 T
w
Defendant CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
I, Bradley L. Griffie, Esquire, of Griffie & Associates, pursuant to the warrant
contained in the subject Note, hereby appear on behalf of the above Plaintiff and confess
judgment against the named Defendant in accordance with the Complaint, in the amount
of $1,400.00, together with costs, interest, and fees as may be allowed in the Note.
DATE: 9
GRIFFIE & ASSOCIATES
BY.?? /?-
Br L. ffe, Esquire
No an over Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
;'n
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
?J
vs' CIVIL ACTION - LAW
KATHRYN KAUTZ, NO. 99. s9o,,
Defendant CONFESSION OF JUDGMENT
P INT IN SONFFCS_ I_ ON ?F rrrn?nrrnrT
Plaintiff Griffe & Associates, hereby files the within Complaint, averring as
follows:
1 • Plaintiff , Griffie & Associates, is a sole proprietorship law practice having its
principle office at 200 North Hanover Street, Carlisle, Pennsylvania.
2. Defendant, Kathryn Kautz, is an adult individual whose current address is 126
South Second Street, Wormleysburg Cumberland County, Pennsylvania.
3. On or about August 23, 1999, Defendant executed and delivered to Plaintiff a
Note in the principal amount of $1,400.00. A true copy of the said Note is
attached hereto and incorporated herein as Exhibit "A'.
4. The said Note has not been assigned by Plaintiff.
5. Judgment has not been heretofore entered on the Note in any jurisdiction
6. By the terms of the said Note, Plaintiff is entitled to confess judgment on the
said Note upon default of the terms of the Note.
7. Under the terms of the Note, Defendant was to provide for the disbursement of
proceeds from her divorce proceedings through the Offices of GritTie &
Associates, Plaintiff, who were authorized to deduct any and all sums due for
services rendered in the said divorce proceedings.
8. The domestic proceedings have been concluded and at the time of
disbursement of the various assets, refinancing of real estate and disbursement
of proceeds from settlement, Griffie & Associates were not paid for services
rendered as required by said Note.
9. As of the date of this Complaint, the principal balance of the Note is
$1,400.00, and this balance remains due.
WHEREFORE, Plaintiff hereby confesses judgment in the sum of $1,400.00 as
authorized in the warrant appearing in the attached Note, together with any costs, interest,
and fees as provided in the said Note.
Respectfully submitted,
GRIFFIE & ASSOCIATES
riflie, squire
Hanov r Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unswom falsification to authorities.
DATE: ?T_
Br d e squiy
$1,400.00
NOTE
August -,23, 1999
KATHRYN KAUTZ, of 126 South Second Street, Wormleysburg, Pennsylvania,
("Maker"), for value received and services rendered, hereby promises to pay to GRIFFIE
& ASSOCIATES, of 200 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania, ("Payee"), the sum of ONE THOUSAND FOUR HUNDRED AND
XX/100 ($1,400.00) DOLLARS, payable on demand. This note is intended to serve as a
lien against any assets or proceeds of the Maker. This sum shall accrue interest at the rate
of TWELVE (12%) PERCENT per annum for any sums remaining due and owing for
legal services rendered from the date of this Note and forward. Maher shall have the right
of prepayment of this Note, in whole or in part, at any time and from time to time, without
penalty. This Note is intended to compensate Payee for legal services rendered and, as
such, the principle amount due hereinunder is not intended to exceed the balance due and
owing to Payee on the last monthly billing forwarded by payee to Maker.
AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER
ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY
COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT,
TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT
AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME
DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND
RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH
REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS
DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY
REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND
HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE
THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF
EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT
SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY
HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL
APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN
FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A
COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH
AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE
THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME
TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR.
THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE
CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY,
SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY
PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE
Exhibit "A"
SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE
EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS
OFTEN AS OCCASIONS THEREOF SHALL OCCUR.
Maker hereby waives and releases all errors, defects and imperfections in any
proceedings instituted by Payee under the terms of this note, as well as all benefit that
might accrue to Maker by virtue of any present or future laws exempting any of maker's
property, real or personal, or any part of the proceeds arising from any sale of such
property, from attachment, levy or sale under execution or providing for any stay of
execution, exemption from civil process or extension of time for payment, as well as the
right of inquisition on any real estate that may be levied upon under a judgment obtained
by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the
entry of such voluntary condemnation on any writ of execution issued thereon, and agrees
that such real estate may be sold upon any such writ in whole or in part in any order
desired by Payee.
Maker waives presentment for payment, demand, notice of nonpayment, notice of
protest and protest of this Note, and all other notices in connection with the delivery,
acceptance, performance, default or enforcement of the payment of this Note, and he
agrees that his liability shall be unconditional without regard to the liability of any other
party and shall not be in any manner affected by an indulgence, extension of time, renewal,
waiver or modification granted or consented to by Payee; and maker consents to any and
all extensions of time, renewal, waiver or modification granted or consented to by Payee
with respect to the payment or other provisions of this Note, and to the release of any
property now or hereafter securing this Note with or without substitution, and agrees that
additional makers, endorsers, guarantors or sureties may become parties hereto without
notice to him or affecting his liability hereunder.
Payee shall not by any act of omission or commission be deemed to have waived
any of its rights or remedies hereunder unless such waiver be in writing and signed by
Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event
shall not be construed as continuing or as a bar to or waiver of such right or remedy on a
subsequent event.
If any provision hereof is found by a court of competent jurisdiction to be
prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or
unenforceability, and such prohibition or unenforceability shall not invalidate the balance
of such provision to the extent it is not prohibited or unenforceable, nor invalidate the
other provisions hereof, all of which shall be liberally construed in favor of Payee in order
to effect the provisions of this Note.
The words "Payee" and "Maker" whenever occurring herein shall be deemed and
construed to include the respective successors and assigns of Payee and Maker. This
instrument shall be construed according to and governed by the laws of the
Commonwealth of Pennsylvania.
THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN
ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING
THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE
MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND
VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE
MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR
HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE
UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE
MAKER FURTI-IER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH
A BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE
OPPORTUNITY TO BE REPRESENTED BY LEGAL, COUNSEL IN CONNECTION
HEREWITH.
IN WITNESS WHEREOF, Maker has duly executed this Note as of the day and
year first above mentioned.
WITNESS:
L11i1?1(/N?c ? !(/?r SEAL)
KATHRYN U
DISCLOSURE FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS ,?3? DAY OF 19-Q, A PROMISSORY NOTE
FOR $1,400.00 OBLIGATING ME TO REPAY THAT OUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION
THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A
DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN
EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE
AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER
CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I AM
KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS,
INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I
EXPRESSLY AGREE AND CONSENT TO PAYEE'S ENTERING JUDGMENT AGAINST ME
BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: k-'T. K.
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER
JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE
CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE
THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE
JUDGMENT BY FORECLOSING UPON, ATTACKING, LEVYING ON, TAKING POSSESSION
OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE
JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE
LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING
FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER
JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM
KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I
EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN
ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW.
INITIALS:JC. T K
C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN
CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL
ADVICE.
INITIALS: K• y' K.
AFFIANTS:
eo'-U? Q, - 4t (SEAL)
KATHRYN KA Z V 19
COMMONWEALTH OF PENNSYLVANIA :
,? -(u Q SS
COUNTY OF (A
On this, the -ZN day of c 1999, before me, the undersigned
officer, personally appeared Kathryn Kautz, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that she
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
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GRIFFIE 8t ASSOCIATES : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: NO.
KATHRYN KAUTZ,
Defendant : CONFESSION OF JUDGMENT
CERTIFICATE OF RESIDENCE
I hereby certify that the residence of the within named Defendant, Kathryn Kautz,
is 126 South Second Street, Waynesboro, Franklin County, Pennsylvania, 17268.
North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
B ,Esquire
ASSOCIATES
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