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Home My WebLink About03-6421WAVELINE DIRECT, INC., Plaintiff JAMIE M. KIZER, and JEN PUBLICATIONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrants of attorney, copies of which are attached to the Complaint as Exhibit "A" filed in this action, I appear for the Defendants and confess Judgment in favor of the Plaintiff and against the Defendants as follows: Amount Owed: Interest: Court Costs: Attorney's Fees: TOTAL: $38,525.50 To be determined To be determined $1,926.28 $40,451.78 plus interest and court David H. Martineau, Esquire Attorney I.D: No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document #: 172550.1 WAVELINE DIRECT, INC., Plaintiff JAMIE M. KIZER, and : JEN PUBLICATIONS, INC., : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CW1L ACTION-LAW COMPLA/NT IN CONFESSION OF JUDGMENT FOR MONEY AND NOW, this ~ day of December, 2003, comes Plaintiff, Waveline Direct, Inc., by and through its attorneys, Brace J. Warshawsky, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and state the following cause of action and in support thereof, aver as follows: I. Plaintiff, Waveline Direct, Inc. is a Pennsylvania Corporation, with an office and/or place of business located at 192 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania, 17O50. 2. Defendant, Jamie M. Kizer, is an adult individual with a last known address of 428 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Defendant, Jen Publications, Inc., is a Pennsylvania Corporation, with a registered address at 5000 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. Tree and correct copies of three instruments, Notes, under each of which Plaintiffis confessing judgment against the Defendants, is attached hereto, incorporated herein and marked as Exhibit "A". 5. The balance due pursuant to the terms and conditions of the Note attached hereto as Exhibit "A" less payments made by Defendants to date is Thirty-Eight Thousand Five Hundred 293431-1 Twenty-Five and 50/I00 Dollars ($38,525.50), together with an attorney's commission of five (5%) percent of the principal and interest owed being One Thousand Nine Hundred Twenty-Six and 28/100 Dollars ($1,926.28), plus interest and court costs. 6. An affidavit of default is attached hereto as Exhibit "B". 7. The transactions pursuant to which Plaintiff is confessing judgment was for a commercial/business purpose and were not a consumer credit transactions. 8. The instruments and obligations under which judgment is being confessed have not been assigned. 9. Defendants have defaulted on their obligation to Plaintiff by failing to pay all amounts owed to Plaintiffpursuant to the terms and conditions of the Notes attached hereto as Exhibit "A". 10. Judgment has not been entered against the Defendants in any jarisdicfion for any amount under any of the instruments. 11. Judgment is demanded as authorized by the warrant of attorney contained in each of the instruments attached as Exhibit "A". 12. The warrants appearing in the attached instruments are each less than twenty (20) years old. WHEREFORE, Plaintiff demands Judgment against Defendants, Jamie M. Kizer and Jen Publications, Inc., individually and jointly, in the sum of Thirty-Eight Thousand Five Hundred Twenty-Five and 50/I00 Dollars ($38,525.50), together with an attorney's commission of five (5%) percent of the principal and interest owed being One Thousand Nine Hundred Twenty-Six and 28/100 Dollars ($1,926.28), plus interest and court costs. 293431-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Attorney I.D. No. 58799(, David H. Martineau, Esqu~ Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Document ti.- 242456.1 WAVELINE DIRECT, INC., Plaintiff JAMIE M. K/ZER, and : JEN PUBLICATIONS, INC., : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CB/IL ACTION-LAW VERIFICATION Understanding that false statements made in this Verification are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities, I, verify that I am Controller of Waveline Direct, Inc, the Plaintiffin the above captioned matter, that I am authorized to make this Verification on Plaintift's behalf, and that the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief.. rosser Document ii.. 2xt2456. I WAVELINE DIRECT, INC., Plaintiff JAMIE M. KIZER, and JEN PUBLICATIONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW TO: Jamie M/. Kizer and Jen Publications, Inc., Defendants Youareherebynotifiedthaton J~')~ c . [/! ~ t"~,3 ,thefollowing(Or-do0 (t~g~e~) (Judgment) has been entered against you in the above captioned case. for your failure to file an answer to the complaint. A Jud~nent in the total amount of $ 40,451.78 plus costs and interest is hereby entered. Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Jamie M. Kizer 428 Bridge Street Mechanicsburg PA 17055 Jen Publications, Inc. 5000 Ritter Road Mechanicsburg PA 17055 A: Jamie M/. Kizer and Jen Publications, Inc., Defendido/a (Defendidos/as) Por este medio se le esta notificando que el de del , el/la siguiente (Or&~) (t;~,,vom) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certifieado de residencia: Jamie M. Kizer Jen Publications, Inc. 428 Bridge Street 5000 Ritter Road Mechanicsburg PA 17055 Mechanicsburg PA 17055 29343l-1 PROMISSORY NOTE For value receiver[ the Undersigned, Jen publications, Inc., (President),~,~'~/I ,and Jamie M. Kizer (Personall? ,~/_~,, collectively called the "Makers," jointly and severally, pr~mise to pay to the order of Waveline Direct, Inc. the principal sum ors 13780.00, together with interest thereon and any additional payments provided for in this Promissory Note and the accompanying Agreement, the said Agreement bearing even date and being incorporated herein by reference. The principal and interest due hereunder shall be payable as follows: 1. Payment of $6890.00 Being due on April 30th with the final payment of $6890.00 principal being due on May 30th, 2003. 2. If any payment is received by Waveline Direct, Inc. more than 15 days aP~er the due date, a 5% late charge shah be added thereto. The Makers shall be in default upon the occurrence of any of the following events and aider 30 days written notice to the Makers of said default: (1) the nonpayment when due of any mount payable hereunder; (2) if Makers, or any of them, become insolvent, or make an assignment for the benefit of creditors, or if any petition is filed by or against Makers, or any of them, under provision of any law or statute alleging that such Maker is insolvent or unable to pay debts as they mature, including, but not limited to, the Federal Bankruptcy Law. Whenever the Makers shall be in default as above defined, unless Waveline Direct, Inc., elect otherwise, the entire unpaid balance of the debt evidenced by this Promissory Note shall become immediately due and payable without notice to or demand on Makers, or any of them. The Makers waive all rights to stay of execution and exemption of property in any action to enforce this Promissory Note. THE MAKERS AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE UNITED STATES OF AMERICA IN THE EVENT OF A DEFAULT HEREUNDER, AS ABOVE DEFINED, TO APPEAR FOR AND TO CONFESS JUDGMENT THEREIN AGAINST THEM, THE MAKERS, OR. ANY OF THEM, FOR THE LrNPAID BALANCE OF PRINCIPAL THEN DUE, THE INTREST THEREON, TOGETI-~R WITH COSTS OF SUIT, PLUS 5% OF THE PRINCIPAL AND INTEREST THEN DUE AS AN ATTORNEY'S FEE, WITH RELEASE OF ALL ERRORS. IF A COPY OF THIS NOTE, VERIFED BY AFFIDAVIT, SHALL HAVE BEEN FILED 1N SAID PROCEEDINGS, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. THE MAKERS, AND EACH OF THEM, HEREBY WAIVE THE RIGHT TO ANY STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER 1N EFFECT. Any failure by Waveline Direct, Inc. to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any other time. The makers, and each of them, hereby waive presentment, demand, notice of dishonor, notice of protest and protest, and all other requirements necessary to hold them liable as Makers hereof. The Makers, and each ofthemChe~e~oy consent to any and ali ex[ensions o~ t~me, renewals, waivers, or modifications that may be granted by Waveline Direct, Inc. with respect to the payment of or other provisions of this Promissory Note. 192 HEMPT ROAD · MECHANICSBURG, PA 17050 717-795~8830 ° 1-800-257-8830 ° FAX: 717-795-8836 e-maih waveline @ wavelinedirect.com www.wave[inedirect.com · ffp://www.wavelinedirect.com IN WITNESS WHEREOF, and intending to be legally bound hereby, the Makers have signed this Agreement and in the case of Jen Publications, Inc. have caused it to be executed by its President. Jamie M. Kizer will sign personally and separately as a co-maker. ATTEST: JEN PUBLICATIONS, INC. w~me~/ ' Jan~ ~ :rsonally) PROMISSORY NOTE For value re~ekv~d, the Undersigned, Jan Publications, Inc., (President), .~[,~/~, ,and Jamie M. Kizer (Personally~/,_~ , collectively called the "Makers," jointly and several'l~, promise to pay to the order of Waveline Direct, Inc. the principal sum orS 12428.50, together with interest thereon and any additional payments provided for in this Promissory Note and the accompanying Agreement, the said Agreement bearing even date and being incorporated herein by reference. The principal and interest due hereunder shall be payable as follows: 1. Paymentof$6214.25BeingdueonMarch 14th, with the Fmal payment of $6214.25 principal being due on April 10th, 2003. 2. If any payment is received by Waveline Direct, Inc. more than 15 days aRer the due date, a 5% late charge shall be added thereto. The Makers shall be in default upon the occurrence of any of the following events and after 30 days written notice to the Makers of said default: (l) the nonpayment when due of any amount payable hereunder; (2) if Makers, or any of them, become insolvent, or make an assignment for the benefit of creditors, or if any petition is filed by or against Makers, or any of them, under provision of any law or statute alleging that such Maker is insolvent or unable to pay debts as they mature, including, but not limited to, the Federal Bankruptcy Law. Whenever the Makers shall be in default as above defined, unless Waveline Direct, Inc., elect otherwise, the entire unpaid balance of the debt evidenced by this Promissory Note shall become immediately due and payable without notice to or demand on Makers, or any of them. The Makers waive all rights to stay of execution and exemption of property in any action to enforce this Promissory Note. THE MAKERS AUTHORIZE AND EMP~)WER ANY ATTORNEY OF ANY COURT OF RECORD IN THE UNITED STATES OF AMERICA IN THE EVENT OF A DEFAULT HEREUNDER, AS ABOVE DEFINED, TO APPEAR FOR AND TO CONFESS JUDGMENT THEREIN AGAINST THEM, THE MAKERS, OR ANY OF THEM, FOR THE UNPAID BALANCE OF PRINCIPAL THEN DUE, THE INTREST THEREON, TOGETHER WITH COSTS OF SUIT, PLUS 5% OF THE PRINCIPAL AND INTEREST THEN DUE AS AN ATTORNEY'S FEE, WITH RELEASE OF ALL ERRORS. IF A COPY OF THIS NOTE, VERIFED BY AFFIDAVIT, SHALL HAVE BEEN FILED IN SAID PROCEEDINGS, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. THE MAKERS, AND EACH OF THEM, HEREBY WAIVE THE RIGHT TO ANY STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFECT. Any failure by Waveline Direct, Inc. to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any other time. The makers, and each of them, hereby waive presentment, demand, notice of dishonor, notice of protest and protest, and all other requirements necessary to hold them liable as Makers hemo£ The Makers, and each of them, hereby consent to may and all extensions oftim~, renewals; waivers; or modifications that may he granted by Waveline Direct, Inc. with respect to the payment of or other provisions of this Promissory Note. 192 HEMPT ROAD · MECHANICSBURG, PA 17050 717-795-8830 - 1-800-257-8830 · FAX: 717-795-8836 e-maih waveline @ wavelinedirect.com www.wavelinedirect.com · ffp://www,wavelinedirect,com IN WITNESS WHEREOF, and intending to be legally bound hereby, the Makers have signed this Agreement and in the case of Jan Publications, Inc. have caused it to be executed by its President, Jamie M. Kizer will si~a personally and separately as a co-maker. ATTEST: JEN PUBLICATIONS,~ PROMISSORY NOTE For value receive.d, the Undersigned, Jen Publications, Inc.,(President), ._~J , and Jamie M. Kizer (Personaily)~[,/~.,.~fllectively called the "Makers," jointly and severally, promise to pay to the order of Waveline Di~ct~ Inc. the principal sum of $15317.00, together with interest thereon and any additional payments provided for in this Promissory Note and the accompanying Agreement, the said Agreement bearing even date and being incorporated herein by reference. The principal and interest due hereunder shall be payable as follows: 1. Payment of $7658.50 due on June 30m, 2003, with the fmai payment of $7658.50 principal being due on July 30m, 2003. 2. If any payment is received by Waveline Direct, Inc. more than 15 days at, er the due date, a 5% late charge shall be added thereto. The Makers shall be in default upon the occurrence of any of the following events and at, er 30 days written notice to the Makers of said default: (1) the nonpayment when due of any amount payable hereunder; (2) if Makers, or any of them, become.insolvent, or make an assignment for the benefit of creditors, or if any petition is filed by or against Makers, or any of them, under provision of any law or statute alleging that such Maker is insolvent or unable to pay debts as they mature, including, but not limited to, the Federal Bankruptcy Law. Whenever the Makers shall be in default as above defined, unless Waveline Direct, Inc., elect otherwise, the entire unpaid balance of the debt evidenced by this Promissory Note shall become immediately due and payable without notice to or demand on Makers, or any of them. The Makers waive all rights to stay of execution and exemption of property in any action to enfome this Promissory Note. THE MAKERS AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE UNITED STATES OF AMERICA 1N THE EVENT OF A DEFAULT HEREUNDER, AS ABOVE DEFINED, TO APPEAR FOR AND TO CONFESS JUDGMENT THEREIN AGAINST THEM, THE MAKERS, OR ANY OF THEM, FOR THE LrNPAID BALANCE OF PRINCIPAL THEN DUE, THE INTREST THEREON, TOGETHER WITH COSTS OF SUIT, PLUS 5% OF THE PRINCIPAL AND INTEREST THEN DUE AS AN ATTORNEY'S FEE, WITH RELEASE OF ALL ERRORS. IF A COPY OF THIS NOTE, VERIFED BY AFFIDAVIT, SHALL HAVE BEEN FILED IN SAID PROCEEDINGS, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. THE MAKERS, AND EACH OF THEM, HEREBY WAIVE THE RIGHT TO ANY STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR HEREAFTER IN EFFECT. Any failure by Waveline Direct, Inc. to exercise any fight hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any other time. The makers, and each of them, hereby waive presentment, demand, notice of dishonor, notice of protest and protest, and all other requirements necessary to hold them liable as Makers hereof. The Makers, and each of them, hereby consent to any and all extensions of time, renewals, waivers, or modifications that may be granted try Waveline Direct, Inc. with respectto the payment of or other provisions of this Promissory Note. 192 HEMPT ROAD · MECHANICSBURG, PA 17050 717-795-8830 · 1-800-257-8830 · FAX: 717-795-8836 e-mail: waveline @ wavelinedirect.com www.wavelinedirect.com ° ffp://wvvw.wavelinedirect.com Eq WITNESS WHEREOF, and intending to be legally bound hereby, the Makers have signed this Agreement and in the case of Jen Publications, ha¢. have caused it to be executed by its President. Jamie M. Kizer will sign personally and separately as a co-maker. ATTEST: JEN P~.~LI~TIONS, INC. Presidan~ WAVELINE DIRECT, 1NC., Plaintiff JAMIE M. KIZER, and JEN PUBLICATIONS, INC., NO. : Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Commonwealth of Pennsylvania County of Dauphin EXHIBIT "B" AFFIDAVIT OF DEFAULT SS. I, Lynn F. Prosser, being duly sworn, depose and say that: 1. I am the Controler of Waveline Direct, Inc., which is the Plaintiffin this action, and am authorized to make the affidavit on its behalf. 2. Defendants, Jamie M. Kizer and Jen Publications, Inc., defaulted and violated the terms of the Notes by failing to make timely payment to Plaintiff as set forth in the Complaint. 3. The warrants of appearance in the Notes are each less than twenty (20) years old and none of them have been assigned or previously exemised with respect to the amotmts at issue in this matter. 4. The Notes specifically permit confession of judgment for money for the recovery of any unpaid amounts due under the Notes, together with attorney's fees and costs of suit. 5. To the best of my knowledge, information and belief, the income of Defendant, Jamie M. Kizer, exceeds $10,000 per year. 6. To the best of my knowledge, information and belief, Defendant, Jamie M. Kizer, is not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. Document #: 172550.1 7. The transactions upon which the judgmem is being entered does not arise from a retail or installment sale, contract or account. 8. The transactions upon which the judgment is being entered are business transactions. 9. By reason of the aforesaid default and violation of the Notes by Defendants, Jamie M. Kizer and Jen Publications, Inc., Plaintiff is entitled, under the terms of the Notes, to entry of a money judgment against Defendants Jamie M. Kizer and Jen Publications, Inc. in the total amount of Forty Thousand Four Hundred Fifty-One and 78/100 Dollars ($40,451.78) plus costs of suit, as set forth in the Complaint. Date: December ~ , 2003 Sworn to and subscribed before me this g-~ day of Dece~be¢ ,2003 NOTARY PUBLIC Nohazial Seal Angola M. Miller, No.~ Public City_ of Hanisburg, Dauphin County My Con'.mission ~ Oct. 15, 2006 Document #.- 172550,1