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HomeMy WebLinkAbout08-1085STEVEN A. SHEELY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ?$- (085 0-i Vi l Terri AUDREY K. BILLER, Defendant : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Pursuant to the attached Judgment Note, which authorizes entry of judgment with without default, please enter judgment by confession in favor of Plaintiff and against Def in the amount of Twenty Thousand Sixty-Two Dollars and 47/100 cents ($20,062.47), it( as follows: Principal $20,000.00 Interest through 2/18/2008 62.47 Total $20,062.47 Interest continues to accrue from February 19, 2008 on the principal balance at the rate 1 $3.29 per diem, plus applicable late fees, attorneys fees or other charges, as provided in Judgment Note, from February 19, 2008. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 2 -1 S- ZOO$ By: Attorney I.D. #59205 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff fi 4116 JUDGMENT NOTE $20,000.00 Date: January 30, 200 Harrisburg, Pennsylvania The undersigned, AUDREY K. BILLER, an adult individual., of 6317 Forest Drive Mechanicsburg, Hampden Township,Mechanicsburg, PA 17050 ("Maker"), for value recei ed, promises to pay to the order of STEVEN A. SHEELY, of 2 Spartan Circle, Camp Hill, Pennsylvania 17011 (the "Payee"), the principal sum of Twenty Thousand and 00/100 Dollars ($20,000.00), together with interest on the unpaid principal balance at the rate of Six (6%) percent per annum for the period commencing with the date of this Judgment Note. This Judgment Note is payable by Maker in full upon Payee's demand therefor ("Demand"), at Payee's sole discretion. Upon demand, Maker shall pay to Payee all amounts due under this Judgment Note, including applicable interest and other costs as outlined herein, at the address above or to such other place as Payee may hereafter designate in writing. Maker may prep the unpaid principal balance and interest, if any, accrued to the date of such payment from time to time and at any time prior to Demand. In the event Maker fails to make payment when due under this Judgment Note, or to perform any other provision, or violates any covenant or condition under the Judgment Note, Payee may, at its sole option, declare all amounts hereunder immediately due and payable i full, without notice to Maker, and execution or suit may issue forthwith for the collection of the same, together with the cost of suit and attorney's fees, as outlined below. Notwithstanding any provision herein or in any instrument now or hereafter securing this Judgment Note, the total liability for payments of interest or in the nature of interest, shall not exceed the limits now imposed by the applicable usury law including the choice of law rules. In the event of the acceleration of this Judgment Note, as outlined above, the total charges for interest and in the nature of interest shall not exceed the maximum amount allowed by law d any excess portion of such charges that may have been prepaid shall be refunded to the M er hereof. Such refund shall be made by application of the amount involved against the sums due hereunder, but such crediting shall not cure or waive the default occasioning acceleration. Maker and all endorsers, sureties and, guarantors hereby jointly and severally waive presentment for payment, demand, notice of demand, notice of non-payment or dishonor, p otest and notice of protest of this Judgment Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Judgment Note, an they agree that the liability of each of them shall be unconditional, without regard to the liability of each of any other partv, and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee. Maker and all endorsers, sureties, and guarantors consent to any and all extensions of time, renewals, waivers, or modifications that may be granted by Payee with respect to the payment or other provisions of this judgment Note, and to the release of the collateral or any part thereof, with or without substitution, and agree that additional makers, endorsers, guarantors, or sureties may becom parties hereto without notice to them or affecting their liability hereunder. Ilk Akp Payee shall not be deemed by any act of omission or commission to have waived an y of his rights or remedies hereunder unless such waiver is in writing and signed by Payee, and then only to the extent specifically set forth in writing. A waiver of one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. In the event of default in the performance of this Judgment Note, and if the same is referred to any attorney-at-law for collection or any action at law or in equity is brought wi respect hereto, Maker shall pay Payee all expenses and costs including, but not limited to, attorney's commission for collection which shall be Payee's actual reasonable attorney's ff and costs incurred by Payee but not less than One Thousand and No/100 ($1,000.00) Dolla MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS AN ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR FOR MAKER, WITH OR WITHOUT DEFAULT, WITH OR WITHOUT DECLARATION FILED AND AS OF ANY TERM, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST MAKER FOR THE TOTAL INDEBTEDNESS OWED TO PAYEE HEREUNDER AND ACCRUED INTEREST THEREON AND FOR ANY OTHER SUMS DUE PURSUANT TO THE TERMS OF THIS JUDGMENT NOTE, TOGETHER WITH EXPENSES AND COSTS OF SUIT AND ATTORNEY'S COMMISSION FOR COLLECTION AS PROVIDED HEREIN. THE AUTHORITY GRANTED HEREIN TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED B ANY EXERCISE THEREOF, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL, OF ALL OF THE INDEBTEDNESS EVIDENCED BY THIS JUDGMENT NOTE. THE REMEDIES OF PAYEE AS PROVIDED HEREIN AND THE WARRANTS CONTAINED HEREIN SHALL BE CUMULATIVE AND CONCURRENT WITH ANY OTHER REMEDIES AVAILAB E TO PAYEE AND MAY BE PURSUED SINGLY, SUCCESSIVELY OR TOGETHER AT THE SOLE DISCRETION OF PAYEE AND AS OFTEN AS OCCASION THEREFOR SHALL OCCUR. THE FAILURE TO EXERCISE ANY SUCH RIGHT OR REMEDY SHALL IN NO EVENT BE CONSTRUED AS A WAIVER OR RELEASE THEREOF. Except for any notice required under applicable law to be given in another manner, any Notice provided for in this Judgment Note shall be deemed given upon personal delivery or depositing same in first class United States mail, postage prepaid, return receipt requested, t the Maker or Payee, at the address set forth above or at such other address as Maker or Payee from time to time may designate in writing. Any provision of this Judgment Note which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibi i or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. This Judgment Note shall be binding upon Maker and Payee, their heirs, personal representatives, successors and, as to Payee only, assigns. r This instrument shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, Maker, intending to be legally bound hereby, has duly executed this Judgment Note, effective as of the day and year first above written. WITNESS: MAKER: IL- .? . (Seat? Audrey K. iller DISCLOSURE FOR CONFESSION OF JUDGMENT I am executing, as of the 30th day of January, 2008, a Judgment Note for Twenty and No/100 Dollars ($20,000.00) (the "Note"), obligating me to repay that amount. ?KB AKB I understand that the Note contains wording that would permit Payee or his heirs, personal representatives or assigns, to enter judgment against me at the Courthouse, with or without default, without notice to me and without offering me an opportunity to. against the entry of judgment, and that said judgment encumbers all real estate that I own. kb AKB In executing the Note, I am knowingly, understandingly and voluntarily waiving my rights to resist the entry of judgment against me at the Courthouse, and I am consenting to the confession of judgment. A 0? AKB I certify that my annual income exceeds Ten Thousand ($10,000.00) Dollars, 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. A K AKB Audrey K. ller Z STEVEN A. SHEELY. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 02- ? -0,tVi l (erm AUDREY K. BILLER, Defendant : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE (see attached) CERTIFICATE OF RESIDENCE it is hereby certified that the addresses of the plaintiff and the defendant; parties to the attached Judgment Note are as follows: Plaintiff: Steven A. Sheely 2 Spartan Circle Camp Hill; PA 17011 Defendant: Audrey K. Biller 6317 Forest Drive Mechanicsburg, PA 17050 Ste en A. Sheely Date: January 30, 2008 STEVEN A. SHEELY, Plaintiff V. AUDREY K. BILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08- Civil Terwt CIVIL ACTION - LAW AFFIDAVIT (SEE ATTACHED) AFFIDAVIT The judgment entered on the foregoing Judgment Note is not being entered by confession against a natural person in connection with a consumer credit transaction. I understand that f+e statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to uns orn falsification to authorities. Date: January 30, 2008 08 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County Commonwealth, personally appeared Karen N. Connelly, Esquire, attorney for and authc representative of Plaintiff who, being duly sworn according to law, deposes and says that Defendant is not in the military service of the United States of America to the best of her knowledge, information and belief. Sworn to and subscribed before me this J day of ? ,2008. I Of 44di Notary Public My Commission Expires: COMMCNWEALTH OF FE:? SYLUANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2009 Member, Pennsylvania Association of Notaries -6f, n s AS ? ? + f°:'? T STEVEN A. SHEELY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (erm AUDREY K. BILLER, Defendant : CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Audrey K. Biller, Defendant 6317 Forest Drive Mechanicsburg, PA 17050 On F? 2008, Judgment by Confession was entered against you in favor of Plaintiff in the amount of Twenty Thousand Sixty-Two Dollars and 47/100 cents ($20,062.47) through February 18, 2008, plus interest at the per diem rate of $3.29, and applicable late fees, attorneys fees or other charges, as provided in the Judgment Note from February 19, 2008. Dated: By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN A. SHEELY No. 2008-1085 VS. AUDREY K. BILLER CIVIL ACTION PRAECIPE TO SATISFY To the Prothonotary: ( )Please mark the above captioned action OR (X)Please mark the above captioned judgment or lien settled and satisfied. STEVEN A. SHEELY Dated: 0 ,._ ? ?