The URL can be used to link to this page

Home My WebLink About07-310907 - 3~~~ c~ CONFESSION OF JUDGEMENT NOTE AND NOW, this ~ ~ day of February, 2007, for value received, American Home Settlement, LLC; Liberty Settlement Services, Inc; Service First Settlement Agency, LLC; and Thomas Scott Pedersen, individually of Dauphin County, Pennsylvania (hereinafter called Obligor) hereby promises to pay to the order of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY of Chester County, Pennsylvania, (hereinafter called Obligee) at 1265 Drummers Lane, Suite 220; Wayne, Pennsylvania 19087, or such other address as Obligee may direct, the sum of Three Hundred Fifty-Two Thousand and 001100 ($352,000.00) Dollars, together with interest at the rate of eight (8%) percent per annum. DEBTOR'S WAIVERS Debtor waives its rights to require the Creditor to do certain things. Those things are: A. To demand payment of amounts due (known as "presentment") B. To give notice that amounts due have not been paid (known as "notice of dishonor") C. To obtain an official certification of nonpayment (known as "protest"). Anyone else who agreed to the promises made in this Note, or who agrees to make payments to the Creditor if Debtor fails to keep its promise to this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers". 2. CONFESSION OF JUDGEMENT FURTHER, the said Obligor hereby irrevocably authorizes any Prothonotary, any Attorney of any Court of Record within the United States or elsewhere or other person to appear for them, or either of them, and to confess judgement against them, or either of them, jointly or severally, at any time for the amount of which they, or either of them, may be or become liable under the terms of this note, with or without declaration filed, together with interest as herein provided, a collection fee of ten (10%) percent, but not less than Two Hundred Fifty ($250.00) Dollars, all costs of suit, release of errors, and waiver of appeals, and without stay of execution. Further, the said Obligor hereby waives any and all rights of inquisition on any real estate that may be levied upon to collect the amount due under a judgement obtained by virtue hereof, and they, or either of them, does hereby voluntarily condemn the same and authorizes the Prothonotary to enter upon a Writ of Execution said voluntary condemnation, and does herby further agree that said real estate may bye sold on a Writ of Execution, and they, or either of them, hereby waives and releases all relief from any and all appraisement, stay, and exemption laws of any state now in force or hereafter enacted, and any right to except to, strike off, open, or appeal from the judgement so entered, if a true copy of this instrument shall be filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court to the contrary notwithstanding. No single exercise of the foregoing warrant and power to confess judgement shall be deemed to exhaust the power, whether or not any such exercise shall be held by a court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercise from time to time as often as may be necessary until all sums payable under the terms of this Agreement have been paid in full. This Power of Attomey shall not be affected by disability of the principal. All sums due hereunder shall bear interest at the contract rate herein set forth until paid in full, the entry of any judgement based upon this Note notwithstanding. The liability of Obligors hereunder shall be joint and several. This obligation concerns a commercial transaction. IN WITNESS WHEREOF, the Obligor(s) haslhave executed this Judgement Note the day and year first above written, intending to be legally bound hereby. W/ijtness: ~ a American Home Setbe~~ __~- ~.X_-_-~~yJ .. by: Thomas S. Pedersen, President Liberty Settlement ice~,.Jns------------_-_., / ~ sea by: Thomas S. Pedersen, President Thomas S. Pedersen, individually COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Plaintiff vs. AMERICAN HOME SETTLEMENT, LLC LIBERTY SETTLEMENT SERVICES, INC SERVICE FIRST SETTLEMENT AGENCY, LLC THOMAS S. PEDERSEN, individually Defendant Confessed Judgement Docket AFFIDAVIT OF NON-MILITARY SERVICE PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940. Before me, the undersigned authority, personally appeared who being duly sworn according to law, does depose and say that the Defendant is not in the Military or Naval service, based on the following facts: Age of Defendant: Present place of employment: American Home Settlement, LLC; Liberty Settlement Services, Inc; Service First Settlement Agency, LLC; 3109 North Front Street, Harrisburg, PA 17110 Present place of Residence: as of the date of this affidavit. _._~.~'~ _ .... _. Sworn to and subscribed before me this 9~° day of ~bruart~, ~ov7 ~~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINE M. YIN~ST, Notary Public ; City of Harrisburg, Dauphin County My Commission Expires May 3, 200 ' AFFIDAVIT EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGEMENT, AS REQUIRED BY OPINION OF SUPREME COURT OF THE UNITED STATES. RE: NOTE IN FAVOR OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, AND AGAINST THE UNDERSIGNED, CONTAINING A CONFESSION OF JUDGEMENT. DATED: ~- ~ ~ AMOUNT: $352,000.00 The undersigned 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. That the Judgement is not being entered by confession against a natural person in connection with a consumer credit transaction but concerns a commercial transaction. Affirmed to and subscribed Before me this ~~ day of ~t ham, 2007 / , -Notary ub is My Commission Expire COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINE M. YINGST~ Notary Public City of Harrisburg, Dauphin County My Commission Expires May 3, 2QD9 American Home Se eme ~___--_ by: Thomas S. Pedersen, President Thomas S. Pedersen, individually WAIVER EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGEMENT, AS REQUIRED BY OPINION OF SUPREME COURT OF THE UNITED STATES. The undersigned clearly and specifically understand(s) that by signing the note above referred to, containing a Confession of Judgement clause: 1. We and each of us authorize Old Republic National Title Insurance Company to enter a judgement against the undersigned, or either of us, at its discretion, and in its favor without notice and without declaration of default for non-payment, which entry will give the holder a lien as security for payment upon the real property (including the home) owned by the undersigned at the time of entry, and a lien on personal property owned by the undersigned at the time it is given to the Sheriff for execution. 2. We and each of us waive all right to notice and to have an opportunity to be heard prior to the entry of the judgement on the Court records, understanding that the only method to challenge this judgement would be by proceedings in Court to open or strike it, which proceedings would result in substantial attorneys fees which the undersigned would have to pay. (Without such clause containing a Confession of Judgement the holder would have to file suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the Confession.) The undersigned acknowledge(s) receipt of a copy of this affidavit and certity(ies) that after reading and fully understanding it, the undersigned have (has) signed this affidavit intentionally, understandingly and voluntarily waiving all the above rights, being willing to sign such note despite the consequences set forth above. American Home Se lement 1LG-------•-~ r- -- _-~--- sea~- by: Thomas S. Pedersen, President --__ _,~ _ _ ._ ._ '\ by: Thomas S. Pedersen, President Thomas S. Pedersen, COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Plaintiff vs. AMERICAN HOME SETTLEMENT, LLC LIBERTY SETTLEMENT SERVICES, INC SERVICE FIRST SETTLEMENT AGENCY, LLC THOMAS S. PEDERSEN, individually Defendant Confessed Judgement Docket CERTIFICATE OF RESIDENCE I do hereby certify that the correct address of the Plaintiff is 1265 Drummers Lane, Suite 220; Wayne, PA 19087; and That the correct address of the Defendants are: American Home Settlement, LLC: 3109 North Front Street; Harrisburg, PA 17110 Liberty Settlement Services, Inc 3109 North Front Street; Harrisburg, PA 17110 Service First Settlement Agency, LLC: 3109 North Front Street; Harrisburg, PA 17110 Thomas Scott Pedersen: 3109 North Front Street; Harrisburg, PA 17110 is National Title Insurance Company E. Edwards, Vice President ~' q`~ W w c~ -rl _ _., _ T ~_,__ __ - r.~ C_ r : ""~