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Home My WebLink About04-0183 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE E. FRAKER, Plaintiff CUMBERLAND HOLDINGS, LTD., Defendant CIVIL ACTION - LAW No. 2004- / ti',.7 ~ PRAECIPE FOR ENTRY OF CONFESSED JUDGMENT FOR MONEY To the Prothonotary: Enter judgment in favor of the plaintiff and against the defendant by confession in the amount of $527,298.11, on the attached Mortgage Note with provisions for cost of suit; attorney's commission for collection often percent (10%) of the total indebtedness or Two Thousand Dollars ($2,000.00), whichever is the larger amount; release of errors; waiver of exemption, the right of inquisition and extension of time for payment; agreement to condemnation of any property levied upon by virtue of any such execution; and without stay of execution. Assess plaintiff's damages as follows: Amount of Note Principal Balance Attorney's Commission Total Amount Due $646,028.52 $479,361.92 $ 47,936.19 $527,298.11 Respectfully submitted, HANFT & KNIGHT, P.C. Michael J. Hanft, Esquire Attomey 1D No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff AND NOW, this _/a/, day of._-~. ,,,_ .... ,., _~.004, judgment is entered in favor of plaintiff and against defendant, and damag~e assessed ~above, in the sum of $527,298.11. thonotary ~ Mortgage Note $646,028.52 April 12, 2002 For Value Received, CUMBERLAND HOLDINGS, LTl)., a Pennsylvania limited liability company with its principal place of business at 1120 Green Spring Road, Newville, Cumberland County, Pennsylvania (hereinafter called "the Maker") and EDWARD STUM, married man, of 1315 County Line Road, York Springs, Adams County, Pennsylvania (hereinafter called "the Guarantor") promise to pay to the order of WADE D. FRAKER, married man, of 1112 Green Spring Road, Newville, Cumberland County, Pennsylvania (hereinafter the "Payee"), its successors and/or assigns, in lawful money of the United States of America, the sum of SIX HUNDRED FORTY SIX THOUSAND TWENTY EIGHT AND 52/100 ($646,028.52) DOLLARS and any additional moneys loaned or advanced by any holder hereof as hereinafter provided, as follows: (A) I will pay interest by making principal and interest payments every month. I will make my monthly payments on the twelfth (12th) day of each month beginning on May 12, 2002. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on April 12, 2010, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." (B) My monthly payments of principal and interest shall be in the amount of Eight Thousand Three Hundred Thirty-Three and 33/100 Dollars (5;8,333.33). This Note shall evidence and the Mortgage given to secure its payment shall cover and be security for any future loans or advances that may be made to or on behalf of the Undersigned by any holder hereof at any time or times hereal~er and intended by the Undersigned and the then holder to be so evidenced and secured, as well as any sums paid by any holder hereof pursuant to the terms of said Mortgage, and any such loans, advances or payments shall be added to and shall bear interest at the same rate as the principal debt. In case default be made for the space of thirty (30) days in the payment of any installment of principal or interest, or in the performance by the Undersigned of any of the other obligations of this Note or said Mortgage, the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by any holder hereof to or on behalf of the undersigned pursuant to the terms of this Note or said Mortgage, together with unpaid interest thereon, shall at the option of the holder and without notice become immediately due and payable, and one or more executions may forthwith issue on any judgment or judgments obtained by virtue hereof; and no failure on the part of any holder hereof to exercise any of the rights hereunder shall be deemed a waiver of any such rights or of any default hereunder. Guarantor shall personally and individually guaranty the payment to Payee of the amounts specified in this Note and the referenced Mortgage. The total guaranty shall be for Six Hundred Forty Six Thousand Twenty Eight and 52/100 ($646,028.52) Dollars. The funds shall be paid to Payee by Guarantor within seven (7) days after receipt by Guarantor of written notice from Payee specifying deficiency in payment from Maker for a particular scheduled payment under the Note and/or Mortgage. Because this is a commercial transaction, the Undersigned hereby empower any attorney, or any employee of any court of record within the United States of America to appear for the Undersigned and, with or without complaint filed, confess judgment, or a series of judgments, against the Undersigned in favor of any holder hereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the holder hereof to or on behalf of the Undersigned pursuant to the terms of this Note or said Mortgage, together with unpaid interest thereon, cost of suit and an attorney's commission for collection often percent (10%) of the total indebtedness or Two Thousand ($2,000.00) Dollars, whichever is the larger amount, on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note or said Mortgage. The Undersigned hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. This obligation shall bind the Undersigned and the Undersigned's heirs, executors, administrators and assigns, and the benefits hereof shall inure to the payee hereof and its successors and assigns. If this Note is executed by more than one person, the undertakings and liability of each shall be joint and several. This note is secured by a Mortgage of even date herewith upon real estate described therein and is for a commercial transaction. Witness the due execution hereof the day and year first above written. ATTEST: Liability Company CUMBERLAND HOLDINGS, LTD. A Pennsylvania Limited By: Edward Stum, Member Edward Stum, Individually IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE E. FRAKER, Plaintiff CUMBERLAND HOLDINGS, LTD., Defendant CiVIL ACTION - LAW No. 2004~ ! ¢'~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 1. Thej udgment in the above-captioned case is not being entered by confession against a natural person in connection with a consumer credit transaction. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Date: January 14, 2004 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Plaintiff Sworn to and subscribed before me this ~ t~ ~ day of --'~'ggl I,(f-f,~"( , 2004. Notary Pub(hk Nc{a~l Se~ Dolly M. Housel, Notary Pul~ic South Mi~ Twp., Cumberland Co~ty My Comn~ssi~ Expires SepL 24, 2006 t,4~mber, Penn~ Associa~n Of No~aries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE E. FRAKER, Plaintiff CUMBERLAND HOLDINGS, LTD., Defendant C1VIL ACTION - LAW No. 2004- [ ~'~,-~ CERTIFICATE OF RESIDENCE I certify that plaintiff, Wade E. Fraker, resides at 1128 Green Spring Road, Newville Cumberland County, Permsylvania 17241, and the defendant, Cumberland Holding, Ltd,, is a Pennsylvania Limited Liability Company with its principal office located at 1120 Green Spring Road, Newville Cumberland County, Pennsylvania 17241. I understand that false statements made in this certificate are subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unswom falsification to authorities. Date: January 14, 2004 S~ ~M.'~Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE E. FRAKER, Plaintiff CUMBERLAND HOLDINGS, LTD., Defendant CIVIL ACTION - LAW No. 2004-00183 PRAECIPE TO SATISFY To the Prothonotary: Please mark the above-captioned matter as satisfied and discontinued. Dated: April 28, 2004 Respectfully submitted, HANFT & KNIGHT, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys fbr Plaintiff