The URL can be used to link to this page

Home My WebLink About08-1045` 4 ~ ~~ ~ DALE F. SHUGHART, JR., Plaintiff vs. MICHAEL A. FOREMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008 -~~~~ CIVIL CONFESSION OF JUDGMENT PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION PURSUANT TO Pa. R.C.P. 2951 TO THE PROTHONOTARY: Dear Sir: Please enter judgment in favor of Dale F. Shughart, Jr., Plaintiff, and against Michael A. Foreman, in the sum of Thirteen Thousand Eight Hundred Sixty-eight and 45/100 ($13,868.45) Dollars, together with interest at the rate of 3.11 per annum, commencing February 1, 2008. 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. t ~ . 2. The undersigned attorney for the Plaintiff certifies that the precise residence of the Plaintiff is: Dale F. Shughart, Jr. 10 West High Street Carlisle, PA 17013 3. The undersigned attorney for the Plaintiff certifies that the residence of the Defendant is: Michael A. Foreman 614 Mountain Road Boiling Springs, PA 17007 Respectfully submitted, ~~~T~ ~ l Dale F. Shughart, r. Supreme Court I.D. 193 3 10 West High Street Carlisle, PA 17013 Telephone # 717-241-4311 Facsimile # 717-241-4021 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 C.S. §4904 relating to unsworn falsifications., ., ~ ~~ DATE: February ~~, 2008 i • JUDGMENT NOTE Amount: $13,868.45 Date: February ~~/, 2008 FOR VALUED RECEIVED, the undersigned, Michael A. Foreman, (hereinafter Debtor), promises to pay to the order of Dale F. Shughart, Jr., or his assigns, the principal sum of Thirteen Thousand Eight Hundred sixty-eight and 45/100 ($13,868.45) Dollars at 3.11 percent interest per annum, commencing February 1, 2008. Payment of principal and accrued interest shall be due not later than December 31 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 entered against the Debtor shall be limited to the real property located at 305 Raymon Drive, Boiling Springs (South Middleton Township), Cumberland County, Pennsylvania, Tax I.D. #40-28-2100-046. IN WITNESS WHEREOF, and intending to be legally bound hereby, the Debtor has executed this Judgment Note the day and year first above written. Witness• Michael A. Foreman ,. DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing this ~~ day of February, 2008, a Promissory Note for Thirteen Thou and Eight Hundred Sixty-eight and 45/100 Dollars obligating us to repay that amount. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTICE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS., INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT, IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT. I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE EXCEPT AS REQUIRED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, RULE 2950 EQ SEQ. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1• I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL I~-~' COUNSEL IN CONNECTION WITH THE NOTE. _~~~~'/ 2. A REPRESENTATIVE OF LEND ER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. -! D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000, THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT, AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. AFF ~\ is el A. Foreman WITNE~SS ~'"~~ \~ -2- w ~ y ~/ u~ n t: _r, ~..- ~~-; U~.. a=~ .! r•., "~ r~~ car cs2 ~. -..! t::~ --n -n ~,,., -~} r~1 ~:+ °r `<., ~ i~ t-a ._ ~ .~"23~ .{ DALE F. SHUGHART, JR., Plaintiff vs. MICHAEL A. FOREMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008 CIVIL CONFESSION OF JUDGMENT NOTICE OF ENTRY OF JUDGMENT TO: MICHAEL A. FOREMAN, Defendant You are notified that on February ~, 2008, the following Judgment has been entered against you in the above captioned case. Judgment has been entered in favor of Dale F. Shughart, Jr. in the sum of $13,868.45. Date : _~~- l ~_ ~~~ ~sr ~- ProtYTfSnotary /~ I certify that the precise residence of Michael A. Foreman, is 614 Mountain Road, Boiling Springs, PA 17007. /~~ Dale F. Shu r r, Attorney for Pl~ ntiff DALE F. SHUGHART, JR., Plaintiff vs. MICHAEL A. FOREMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1045 CIVIL CONFESSION OF JUDGMENT PRAECIPE Please mark the within Judgment paid in full and satisfied. TO: Curtis R. Long, Prothonotary June 26, 2009 Dale F . Shughar J~' . Attorney I.D. 1 3 3 10 West High Str t Carlisle, PA 17013 (717) 241-4311 Plaintiff/Attorney for Plaintiff OF T~~ F,,. , `-~ ~,,. ;,~rr,~~y 2~Q9 J?~~ W2 i~~ 2~ ~~ ~~a; ;