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Home My WebLink About04-0341MICHAEL J. HORNE and JENNIFER L. HORNE, Plaintiffs VS. SCOTT R. THOMAS and HILARY A. THOMAS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. DV-' .79t CONFESSION OF JUDGMENT COMPLAINT FOR JUDGMENT BY CONFESSION AND NOW come the above-named Plaintiffs, pursuant to Pa. R.C.P. 2951(b) and 2952 and make the following Complaint for confession of judgment in this matter: 1. The Plaintiffs are Michael J. Home and Jennifer L. Home, his wife, adult individuals who reside at 1059-E York Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania. 2. The Defendants are Scott R. Thomas and Hilary A. Thomas, husband and wife, adult individuals who reside at 1059-C York Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania. 3. By a Note dated 24 September 2003, Defendants became indebted to Plaintiffs in the amount of $45,000.00, plus interest at the rate of 10 percent per annum. Attached hereto, and marked as Exhibit A, is a true and correct reproduction of the original. 4. The note attached hereto provides for the entry of judgment against the Defendants, and in favor of the Plaintiffs. Plaintiffs bring this action to enter judgment on the said note by confession. 5. The judgment to be entered in this matter is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. The note on which the judgment is to be entered has not been assigned. 7. Judgment has not previously been entered on the note which is the subject of this litigation. 8. Under the terms of the note on which Plaintiffs seek to enter judgment, judgment may be entered without default and without the occurrence of any condition precedent. 9. As of the date of this complaint, Defendants owe Plaintiffs, on the said note, the following sums Unpaid principal Interest Five percent attorney's fee $44,510.00 $445.10 $2,225.5O Total $47,180.60 WHEREFORE, Plaintiffs demand judgment against Defendants in the total amount of $47,180.60 and prays this Court to enter such judgment in their favor. Attorney for Plaintiffs Supreme Court ID 17225 525 North 12th Street Lemoyne, PA t 7043 (717) 761-5361 I verify that the statements made in this document are tree and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: ~{4ICHAEL J. ~:\WDSCL1ENTS'~l~kc~omc',Iqotc810 ~S) NOTE FOR VALUE RECEIVED, the undersigned (hereinafter whether one or more called the "Obligor") promises to pay to the order ofMICItAEL J. HORNE and JENNItER L. HORNE, husband and wife (hereinafter called the 'Obligee'), at 1059-E York Road, Dillsbmg, Pennsylvania, or at such other place as the holder hereof may from time to time designate in writing~ the sum of FORTY-FIVE TIIOUSAND DOLLARS ($45,000.00), together with interest thereon at the rate of TWELVE PER CENT (12%) per annum, in equal monthly installments of SIX HUNDRED FORTY-FIVE DOLLARS AND SIXTY-TWO CENTS ($645.62) each, the first payment being due one (1) month from the date hereof, and on the same day of each and every successive month until the end of the term hereof. SCHRACK ~k LINSI~BACtl It is acknowledged that the principal balance is amortized over a ten (10) year period, but that this Note is callable by the Obligec five (5) years frmn thc date hereof. This Note is secured by a Mmtgage (hereinafter called the "Mortgage") of the Obligor hearing even date herewith All of the terms, conditions, and provisions of the Mortgage are incorporated herein by reference, and are hereby made part hereof, and any b~each or violation thereof constitutes a breach or violation of this Note In the event Obligor shall fail to pay any sum required to be paid under the terms of this Note or the Mortgage within thirty (30) days afl.er same becomes due and payable, or if Obligor shall fail to perform any other provision hereof, or ofthe Mortgage on the part of the Obligor to be performed, then the balance of the debt evidenced by this Note, together with all arrearages of interest thereon, and all other sums due hereunder shall, at the option of the holder hereof, become and be due and t.~ payable immediately without notice to Obligor, and execution or suit may issue forthwith for the~/ collection of the same, together with the cost of suit and attorney's commission of Five Per Cent ~ (5%) ~r~ The Obligor hereby irrevocably authorizes and empowers any attorney of any court of record in thc Commonwealth of Pennsylvania or elsewhere to appear for, and confess judgmem against the Obligor at any time or times, and as of any term, for thc whole or any part of said amounts, with or without declaration, with costs of suit, without stay of execution, and with Five Per Cent (5%) of the unpmd principal amount thereof as an attorney's fcc The authority herein granted to confess judgment shall not be exhausted by any exercise thereof} but shall continue from time to time, and at all times until full payment of all said amounts. The Obligor waives the right of inquisition on all real estate, volnntarily condemns it, and agrees that the real estate may be sold on a writ of execution. The Obligor waives thc benefit o1' any laws or rules of court now or hereafter in effect relating to exemption, appraisement, or stay of execution ) / ~d Nd~a:EO P00~ 9U 'u~£ : 'ON BNOHd The Obligor and all endorsers of this Note severally waive presentment, demand, protest, and notice of nonpayment. The Obligor and the endorsers and guarantors, if any, hereof, and all others who may be liable for all or any part of the indebtedness evidenced by this Note consent to any number of renewals or extensions of the time of payment thereof without notice to any of those parties The granting, without notice, of any extension of time for the payment of any sum due under this Note or the Mortgage or for the performance of any covenant, condition, or agreement thereof, or the taking or release of other or additional security shall in no way release or discharge the liability of the Obligor, or of any such endorsers or guarantors. Should any taxes be imposed with respect to debts secured by mortgages ox deeds of trust, or with respect to notes evidencing debts so secured, the Obligor agrees to pay to the Obligee at the time and from time to time, the amount of such taxes, and hereby waives any contrary provision of any laws or rules of court now or hercatter in effect. The Obligor shall pay the cost of any revenue, tax, or other stamp now or hereafter required by law at any time to be affixed to this Note or to the Mortgage securing the same. lfthere Shall be more than one Obligor, the obligation of each shall be joint and several. IN WITNESS WHEREOF, the said Obligor has executed these presents the day and year above first written WITNESS: SCOTT R.. THOMAS HILAR~b~(THOMAS Sc~,cg & LINSENBACH I'd bldGU:£O ~'00~ gU 'u~el' : 'ON ~NOHd iI?'~mn,~a~lS pu~ 6u~,~c~r]at P~TIItJ : WOatJ MICHAEL J. HORNE and JENNIFER L. HORNE, Plaimiffs VS. SCOTT R. THOMAS and HILARY A. THOMAS, husband and wife, Defendants ) ) ) ) ) ) ) ) ) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oq~ :lql CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendants and confess judgmem in favor of the Plaintiffs and against the Defendants as follows: Unpaid principal Interest to 24 January 2004 Attorney's fee (five percent) Total $44,510.00 $445.10 $2,225.50 $47,180.60 Samuel L. Andes Attorney for Defendants Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361