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Home My WebLink About07-4756 RONALD J. BOOSE, Plaintiff v. RYAN HORCHEN and PENN-WEST COMMODITIES, INC., Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q~ _ ~75~ 1..; iv i I TP.r'M CIVIL ACTION -LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrants of attorney contained in the aforesaid $13,000.00 Note and $69,000.00 Note, the originals or copies of which are attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: Principal Sum $13,000.00 Interest to July 27, 2007 $283.39 Principal Sum $69,000.00 Interest to July 31, 2007 $1,039.03 Attorneys' Fees (15% of unpaid balance) $12,300.00 TOTAL $95,622.42 plus interest from July 27, 2007 for the $13,000.00 Note at the rate of $1.43 per diem and interest from July 31, 2007 for the $69,000.00 Note at the rate of $7.57 per diem. Respectfully submitted, PECHT 8~/1~tSSC~C ATES, PC Date: ~ By: ~DWARD P. SEEBER, ESQUIRE Attorney I.D. #76084 Suite 200 1205 Manor Drive Mechanicsburg, PA 17055 (717) 766-9426 Attorneys for Plaintiff Ronald J. Boose 4 Pecht & Associates, PC Edward P. Seeber, Esquire Attorney I.D. #76084 Suite 200 1205 Manor Drive Mechanicsburg, PA 17055 (717)766-9426 Attorneys for Ronald J. Boose RONALD J. BOOSE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. RYAN HORCHEN and PENN-WEST COMMODITIES, INC., Defendants :CIVIL ACTION -LAW COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes Ronald Boose, Plaintiff, by and through his attorneys, Pecht & Associates, PC, and files this Complaint in Confession of Judgment as follows: 1. Ronald J. Boose, Plaintiff, is an adult individual residing at 129 Fieldstone Drive, Carlisle, Pennsylvania 17013. 2. Defendant, Ryan Horchen, an adult individual residing at 429 1St Street, DuBois, Pennsylvania 17801, is the owner of Penn-West Commodities, Inc. Defendant, Penn-West Commodities, Inc., a corporation with its principal place of business previously located at 301 Aspen Way, DuBois, Pennsylvania 17801. (Defendant Horchen and Defendant Penn-West Commodities, Inc. shall be collectively referred to as the "Defendants"). 3. On or about June 27, 2006, Defendants executed and delivered a document entitled "Installment Judgment Note" ("1St Note") in favor of Plaintiff in the original principal amount of Thirteen Thousand Dollars ($13,000.00), which authorized the confession of judgment against Defendants. A copy of said 1St Note, which copy is a true and correct reproduction of the original 1St Note, is marked as Exhibit "A", attached hereto and made a part hereof. 4. On or about August 1, 2006, Defendants executed and delivered a second and separate document also entitled "Installment Judgment Note" (" 2na Note") in favor of Plaintiff in the original principal amount of Sixty-nine Thousand Dollars ($69,000.00), which authorized the confession of another judgment against Defendants unrelated to the sum contained in the 1St Note. A copy of said 2„a Note, which copy is a true and correct reproduction of the original 2„a Note, is marked as Exhibit "B", attached hereto and made a part hereof. 5. To date, Defendants have made no payments as promised to Plaintiff in the 1St Note and 2na Note. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. The aforesaid Notes have not been released, transferred or assigned. 8. The aforesaid Notes stipulate that if the principal sums of each note are not paid by July 27, 2006 and October 31, 2006 respectively, and collection of said sums are placed in the hands of an attorney, Defendants agree to pay attorneys' fees in the amount of 15% of the unpaid balance. 9. Judgment has not been entered against the Defendants on the aforesaid Notes in any jurisdiction. 10. The aforesaid Notes authorize the entry of judgment without default thereon or the occurrence of a condition precedent. 2 11. The itemization of the amount due, including interest and attorneys' fees as authorized by the Notes is as follows: Principal Sum (1St Note) $13,000.00 Interest on lst Note to July 27, 2007 $283.39 Principal Sum (2°d Note) $69,000.00 Interest on 2°d Note to July 31, 2007 $1,039.03 Attorneys' Fees (15% of unpaid balance) $12,300.00 TOTAL $95,622.42 plus interest from July 27, 2007 for the 1St Note at the rate of $1.43 per diem and interest from July 31, 2007 for the 2"d Note at the rate of $7.57 per diem. WHEREFQRE, Plaintiff, as authorized by the Warrants of Attorney contained in the Notes, demands judgments against Defendants in the total sum of $95,622.42, with interest on the principal sum of the 1St Note ($13,000.00) from July 27, 2007 at the rate of $1.43 per diem and with interest on the principal sum of the 2°d Note ($69,000.00) from July 31, 2007 at the rate of $7.57 per diem, and brings said instrument to Court to recover the said sum. Respectfully submitted, PECHT & ASSC}4CIATES, PC ~ ' Date: By. ARD P" SEEBER, ESQUIRE Zey LD. #76084 Suite 200 1205 Manor Drive Mechanicsburg, PA 17055 (717) 766-9426 Attorneys for Plaintiff Ronald J. Boose 3 A $10,000.00 INSTALLMENT JUDGMENT NOTE June 27, 2006 FOR THE VALUE RECEIVED, RYAN M. HORCHEN, AND PENN-WEST COMMODITIES, INC., Hereinafter collectively referred to as " Horchen/Penn-West", promise to pay to the order of . __ __ ___RONALD BOOSE_the principal_sum of $l~_,000.00_ USD (Thirteen _Thousand United_States Dollars on July 27t~' 2006. If this note is placed in the hands of an attorney for collection After July 27t~' 2006,Horchen/Penn-West agrees to pay a reasonable attorney's fee in the amount of 15% (Fifteen Percent) of the unpaid balance for collection. To Secure payment of this note, Horchen/Penn-West hereby authorizes, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of the Court of Records to appear for them in such Coui-t,at any time before or after default and confess judgment against them in favor of any holder of this Note with or without the filling of an Averment of Default, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, attorney's fees and costs as herein provided. Horchen/Peim-West hereby waives and releases all errors in said proceedings and the right to object to or appeal therefrom and from all benef t and relief from any and all appraisement, stay, or exemption laws of any State, now in force or hereafter to be passed. . ~ ~'"~ _ ~r~ ~ --- (Ryan MHorchen)Horchen/Penn-West _._.~ ~~ --- __ President /Secretary Penn-West Commodities, Inc. (Ryan M Horchen ) (Penn-West Commodities, Inc. Seal ) EXHIBIT $60,000.00 INSTALLMENT JUDGMENT NOTE August 1, 2006 FOR THE VALUE RECEIVED, RYAN M. HORCHEN, AND PENN-WEST COMMODITIES, INC., Hereinafter collectively referred to as " Horchen/Penn-West", promise to pay to the order of _. _ _ _ ____ RONALD BOOSE theprincipal sum_of $69,000.00 LTSD _on Oct 31st 2006. If this note is placed in the hands of an attorney for collection After Oct 31St 2006,Horchen/Penn-West agrees to pay a reasonable attorney's fee in the amount of 15% (Fifteen Percent) of the unpaid balance for collection. To Secure payment of this note, Horchen/Penn-West hereby authorizes, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of the Court of Records to appear for them in such Court,at any time before or after default and confess judgment against them in favor of any holder of this Note with or without the filling of an Averment of Default, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, attorney's fees and costs as herein provided. Horchen/Penn-West hereby waives and releases all errors in said proceedings and the right to object to or appeal therefrom and from all benefit and relief from any and all appraisement, stay, or exemption laws of any State, now in force or hereafter to be passed. t~`~ (Ryan MHorchen)Horchen/Penn-West P President /Secretary Penn-West Commodities, Inc. (Ryan M Horchen ) (Penn-West Commodities, Inc. Seal ) EXHIBIT ~- 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD J. BOOSE, Plaintiff v. RYAN HORCHEN and PENN-WEST COMMODITIES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -COMPLAINT IN CONFESSION OF JUDGMENT I hereby certify that the address of Plaintiff is 129 Fieldstone Drive Carlisle, PA 17013 The last known addresses of Defendants are: Ryan Horchen 429 1St Street DuBois, PA 17801 Penn-West Commodities, Inc. 4291St Street DuBois, PA 17801 Date: Q Respectfully submitted, PECHT/'~~~QkATES, PC l~ By: ~'DWARD P. SEEBER, ESQUIRE /Attorney I.D. #76084 Suite 200 1205 Manor Drive Mechanicsburg, PA 17055 (717) 766-9426 Attorneys for Plaintiff Ronald J. Boose c` ~~ ~~ n .~, _.~ ,~ c ~ ~ C~ ~ ~ .SJ ~ ; c~~:~ _ ~~ ^l _ ~ 3 ~. ~ ~ ''~~ - ~ ~ ~ r.t ~: D ~~ t~"~ ~ + ~ 1 RONALD J. BOOSE, Plaintiff v. RYAN HORCHEN and PENN-WEST COMMODITIES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW NOTICE OF ORDER DECREE OR JUDGMENT TO: Ryan Horchen 429 1St Street DuBois, PA 17801 Penn-West Commodities, Inc. 429 1St Street DuBois, PA 17801 ( )Plaintiff (X) Defendant (X) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on _ g~iQ~pr/ ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $95,622.42 plus interest from July 27, 2007 for the $13,000.00 Note at the rate of $1.43 per diem and interest from July 31, 2007 for the $69,000.00 Note at the rate of $7.57 per diem. eputy