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Home My WebLink About07-3078AW 1 1 I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, No. 017 -307? Plaintiff, : V. THOMAS H. McELWEE and BECKY S. McELWEE, : Defendants. PRAECIPE FOR ENTRY OF CONFESSED JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendants, Thomas H. McElwee and Becky S. McElwee, by confession on the attached judgment note, with provisions for costs of suit and without stay of execution. Assess Plaintiff's damages at $84,496.70, plus interest at the legal rate of interest and costs of suit. Respectfully submitted: PURL, EASTMAN & THRASHER By _64--rZa Edward G. Puhl, Esquire Attorneys for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 1 AFFIDAVIT STATE OF PENNSYLVANIA, COUNTY OF ADAMS. Edward G. Puhl, being duly sworn according to law, deposes and says that he is the attorney for Adams County National Bank, the Plaintiff above named, and that the judgment is not being entered by confession against a natural person in connection with a consumer credit transaction and that the facts set forth herein are true and correct to the best of his knowledge, information and belief Edward G. Puhl, Esq. Sworn to and subscribed before me this day of May, 2007. A?ffi.jix ?- Notary Public My commission expires: 16? Mme. ?IIRT $?'? hbk ou M!? C?ok ninTon? Cr? Feb.17, 11 2 k1 AAUAJ r JUDGMENT NOTE $84,496.70 03 -,5i`7 -2007 For value received, I promise to pay to Adams County National Bank, of 16 Lincoln Square, Gettysburg, Pennsylvania 17325, the sum of $84,496.70, and interest at the legal rate from the above date until paid. I HEREBY AUTHORIZE AND EMPOWER ANY PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND TO, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT AGAINST ME IN FAVOR OF THE HOLDER OF THIS NOTE FOR THE ABOVE SUM AND INTEREST DUE THEREON, TOGETHER WITH THE COSTS OF SUIT AND A'TTORNEYS' FEEL r ',)R COLLECTION HEREINAF'T'ER PROVIDED FOR, WITH RELEASE OF ERRORS, WITHOUT ANY STAY OF EXECUTION OR RIGHT OF APPEAL. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT, UNTIL SUCH TIME AS THE HOLDER HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. IT IS HEREBY ACKNOWLEDGED THAT THE CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT AND WANE CERTAIN OF MY LEGAL RIGHTS HAVE BEEN READ, UNDERSTOOD AND VOLUNTARILY AGREED TO BY THE UNDERSIGNED. If this note is not paid and is placed with an attorney for collection, and whether or not suit is entered thereon or judgment confessed against me, I further agree to pay the holder hereof, in addition to the principal and interest, then due, the costs of suit and reasonable attorneys' fees. This note is goveriged by and construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, and intending to be legally bound hereby, I have duly executed this note on the date and year first above mentioned. Witness: )? (SEAL) Thomas H. McElwee 250 Jumr)er_Road Newbuf& A 17240 Becky S..l Elwee 250 Jumper koad Newburg, PA 17240 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL JUDGMENT Adams County National Bank, Plaintiff, vs. Thomas H. McElwee and Becky S. McElwee, Defendants. CERTIFICATE OF RESIDENCE OF JUDGMENT CREDITOR It is hereby certified that the precise residence address of the judgment creditor and defendants in the above-entitled judgment, is: DFT: 250 Jumper Road PFF: -16 Lincoln Square Newburg, PA 17240 Gettysburg PA 17325 Dated: May 1007 Attorney for Judgment Creditor NOTICE OF THE ENTRY OF JUDGMENT AGAINST THE DEFENDANT(S) WAS GIVEN BY ORDINARY MAIL TO THE DEFENDANT(S) TOGETHER WITH A COPY OF ALL DOCUMENTS FILED IN SUPPORT THEREOF. `?Q #. ? r-- ?-- a -,-s r. ? ?? ?' ?, ? :?? ----, - _ ? ? ? ? ?_ .? Arn \v^ .. ??.?-a '?-` 1 .{ ?'?;^r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, No. Plaintiff, V. THOMAS H. McELWEE and BECKY S. McELWEE, : Defendants. NOTICE TO: Thomas H. McElwee 250 Jumper Road Newburg, PA 17240 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on 2007, a judgment was entered against you in this office in the proceeding as indicated above. P thonot Deputy Prothonotary Dated: , 2007 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Plaintiff, V. ; THOMAS H. McELWEE and : BECKY S. McELWEE, Defendants. NOTICE TO: Becky S. McElwee 250 Jumper Road Newburg, PA 17240 No. 0'7 - Jd^e (? L-7? Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on 2007, a judgment was entered against you in this office in the proceeding as indicated above. Pr thono Deputy Prothonotary Dated: , 2007 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Branch ADAMS COUNTY NATIONAL BANK Civil Action - Law Plaintiff V. No. 2007-3078 BECKY AND THOMAS MCELWEE Defendant PRAECIPE TO RELEASE JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please release from said judgment that portion of said real estate known as Lot No. 2, as shown on a Final Subdivision Plan for Thomas McElwee, Jr., prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated June 19, 1995, which together with the necessary municipal approvals is recorded in Cumberland County, Pa., Plan Book Volume 71, Page 21, which is intended to be conveyed to Clinton R. Holtry and Amanda R. McElwee. ADAMS COUNTY NATIONAL BANK BY: T COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Adams On this the 11"' day of February , 2008, before me, a Notary Public, the undersigned officer, personally appeared Susan M. Saylor , who acknowledged herself to be the Assistant Vice President , of ADAMS COUNTY NATIONAL BANK, a corporation, and that he as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marlal E. Heldt, NotarY Pubes 'NOTARY PUBLIC Strabon Twp., Adams CountY My cawnisslan Expires Oot 10, 2008 Member, Pennsylvania Assedation Of Notaries L OD ? - c ? 1 -r7