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HomeMy WebLinkAbout07-6363e ; M & J Explosives, Inc. Plaintiff vs. FCM Builders, Inc. a/k/a FCM Builders, Incorporated, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007 ^~~ Civil CONFESSION OF JUDGMENT PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION PIIRSIIANT TO Pa. R.C.P. 2951 TO THE PROTHONOTARY: Dear Sir: Please enter judgment in favor of M & J Explosives, Inc., Plaintiff and against FCM Builders, Inc., a/k/a FCM Builders, Incorporated, Defendant in the sum of $15,816.44, together with interest at the rate of six (6~) percent per annum, commencing October 1, 2007. 1. The undersigned attorney for the Plaintiff hereby certifies that the judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 2. The undersigned attorney for the Plaintiff certifies that the precise residence of the Plaintiff is: M & J Explosives, Inc. P. O. Box 608 Carlisle, PA 17013 Amount: $15,816.44 JUDGMENT NOTE Date: October ~~, 2007 Camp Hill, PA 17011 FOR VALUED RECEIVED, the undersigned, FCM Builders, Inc., also known as FCM Builders, Incorporated, a Pennsylvania corporation (hereinafter Debtor), promises to pay to the order of M & J Explosives, Inc., a Pennsylvania corporation, or its assigns, the principal sum of Fifteen Thousand Eight hundred sixteen and 44/100 ($15,816.44) Dollars at six (6~) percent interest per annum, commencing October 1, 2007. Payment of principal and accrued interest shall be due not later than April 1, 2008, or upon sale of the real property, hereinafter described, whichever occurs first. Privilege is reserved to pre-pay at anytime, without premium or fee, the entire indebtedness or any part thereof. AND FURTHER, the Debtor hereby authorizes and empowers any attorney of any court of record in Pennsylvania or elsewhere to appear for and to enter judgment against it in favor of any holder of this Judgment Note for the principal sum then due and owing, with or without declaration, together with interest, costs of suit, release of errors and does hereby waive and release all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereinafter to be passed. Provided, further, that the lien of any judgment by confession entered against the Debtor shall be limited to the real property known as Lot No. 8 of Ridge Estates, as set forth in Cumberland County Plan Book 91, Page 8, known as 2 Ridge Road, Carlisle, PA 17013 and Cumberland County Tax Parcel No. 21-08- 0573-031, being the same premises which Land Market Incorporated, a Pennsylvania corporation, by its deed dated June 7, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 275, Page 3710, granted and conveyed unto FCM Builders, Incorporated, the Debtor. IN WITNESS WHEREOF, and intending to be legally bound hereby, the Debtor has executed this Judgment Note the day and year first above written. ~ 1"~SS~~ p~ A .s~ Secretary (SEAL ) FCM Builders, Inc., also known as, FCM Builde s, Incor orated By : [ SEAL ] Fred Miller, President 3. The undersigned attorney for the Plaintiff certifies that the residence of the Defendant is: FCM Builders, Inc. 13 Mount Allen Drive Mechanicsburg, PA 17055 Respectfully submitted, r Dale F. Shug rt J . Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 Telephone # 717-241-4311 Facsimile # 717-241-4021 Attorney for Plaintiff M & J Explosives, Inc. VERIFICATION Dale F. Shughart, Jr., attorney for Plaintiff, hereby verifies that the facts set forth in the foregoing Praecipe for Entry of Judgment are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: October 3~, 2007 1 ' M & J Explosives, Inc. Plaintiff vs. FCM Builders, Inc. a/k/a FCM Builders, Incorporated, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007 Civil CONFESSION OF JUDGMENT NOTICE OF LNTRY OF ~TO'DGMENT TO FCM Builders, Inc., also known as FCM Builders, Incorporated, Defendant You are notified that on October ~, 2007, the following Judgment has been entered against you in the above captioned case. Judgment has been entered in favor of M & J Explosives, Inc. in the sum of $15,816.44. Date : ~G`~ .~U~„~U~ 7 I certify that the precise residence of FCM Builders, Inc. is 13 Mount Allen Drive, Mechanicsburg, PA 17055. Dale F. Shug a t, r. Attorney for Plaintiff 1 d --C n ~.. .T' ~ , <= .,-% N ~_ C.? C'"~i --i a`,~'J Y'~ .~y~`. .~" Cl". ~f'1 ---1 T f11 C.~r' µ*~ -ii 1 r ..l ~~- i"T i _i z