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Home My WebLink About07-3505., MICHELLE Y. McCANN, Plaintiff vs. MICHAEL S. McCANN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. d7 - .3SQS ~~~ (. /~''~l PRAECIPE Please enter judgment in favor of plaintiff and against defendant, Michael S. McCann, in the amount of $10,500.00 together with interest thereon at the rate of four (4%) percent per annum from May 30, 2007. <~~- Timothy J. O'Connell, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff V ~' f S' ~. y R JUDGMENT NOTE $10,500.00 ~~ -- .35~ Ma~ o , 2007 MICHAEL S. McCANN, of 909 Allison Avenue, Mechanicsburg, Pennsylvania, promises to pay to MICHELLE Y. McCANN, of 7 Richland Lane, Apartment 201, Camp Hill, Pennsylvania, the sum of Ten Thousand Five Hundred ($10,500.00) Dollars, together with interest thereon at the rate of four (4%) percent per annum, due and payable within ninety (90) days from the date hereof. And further, I hereby authorize and empower the Prothonotary or any attorney of any court of record in Pennsylvania or elsewhere to appear for and enter judgment against me for the above sum, upon default hereunder, with costs of suit, release of errors and without stay of execution; and I hereby agree not to make any motion or any application whatsoever to any court for an inquisition on any real estate that maybe levied upon to collect the aforesaid sum, and we voluntarily condemn same, and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. I further agree that any property, real, personal or mixed, maybe sold through a Writ of Execution and further hereby waive and release all relief from any and all appraisements, stay or exemption laws of any state now in force or which are passed hereafter. Witness my hand and seal the day and year first written above. Witness: :..-~ (seal) ichael S. Mc ann . ~ x~ ~~ r ~~ EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing a note dated May, 2007, in the amount of $10,500.00 payable to Michelle Y. McCann, which contains a Confession of Judgment Clause: 1. I will authorize the payee to enter a judgment against us and in their favor which will give the payee a lien upon any real estate which I may own, including my home; 2. I 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. I will agree that the payee can enter this judgment without any proof of non- payment or other default on our part. 4. I will subject all of my property, both personal and real estate, to execution (and sheriff's sale), pursuant to this judgment, prior to proof ofnon-payment or other default on my part. 5. I will be unable to challenge this judgment, should the payee 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. 6. I know and understand that it is the Confession of Judgment Clause in the above described note which gives the payee the rights enumerated in subparagraphs 1 through 5 of paragraph A above. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDERSTAND THAT I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to the judgment. 2. The right to have the burden of proving default rest upon the payee 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 judgement. 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 I sign the note, we 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. I HAVE READ THIS ENTIRE FORM AND WE FULLY UNDERSTAND ITS CONTENTS. /f" Date:,~~ "" ~~ Mic ael S. Mc /~ ~ ~. ^~ N d N C~ 0 C= c ~ "-~ 'T'I ~ - X71 ~'r +' ~' _:7 ~ -{ s MICHELLE Y. McCANN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. O']' .3sQS' ~~~~ L ~~..y.-~ MICHAEL S. McCANN, Defendant TO: Michael S. McCann, Defendant You are hereby notified that on June ~, 2007, the following judgment has been entered against you: Judgment in favor of plaintiff and against defendant, Michael S. McCann, in the amount of $10,500.00 plus interest thereon at the rate of four (4%) percent per annum from May 30, 2007. Date: June ~, 2007 I hereby certify that the name and address of the proper person to receive this notice is: Michael S. McCann C/o William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 A: Michael S. McCann, Defendido Por este medio se le esta notificando que el June _, 2007, el siguiente fallo ha sido anotado en contra suya en el caso mendionado en el epigrafe. Fecha: June , 2007 Protonotario Certifico que la siguiente direccion es la del defendido segue indicada en el certificado de residencia: Michael S. McCann C/o William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 SATISFACTION OF JUDGMENT MICHELLE Y. McCANN, Plaintiff vs. MICHAEL S. McCANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-3505 CIVIL TERM The undersigned hereby certifies that the debt secured by the above mentioned judgment has been fully paid or otherwise discharged and that upon the filing hereof said judgment shall be and is hereby fully and forever satisfied and discharged. In witness whereof, Michelle Y. MCann. has caused this Satisfaction of Judgment to be duly executedl this (QL~'tlay of September, 2007. Witness: State of Pennsylvania County of Dauphin C~ is elle Y. McC ~'1 On this the ~a day of September, 2007, before me, the undersigned, personally appeared Michelle Y. McCann, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Satisfaction of Judgment and acknowledged that she executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and notarial seal. My Commission Expires: Notary Public NOTARIAL SEAL Stacey A Fogle, Notary Public Susquehanna Twp., Dauphin County My commission expires January 02, 2009 ~~ =~` ~ ~" ., .:D p ~ ~` ~_ ~.; -a t -~ ""~