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Home My WebLink About08-4551~, DONALD W. SAMPLES and ADELE D. SAMPLES, PLAINTIFFS VS. CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT and DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q ~' ~ ~5 I c, ~ ~ ~~ ~ f u~ To: Curt Long, Prothonotary Court of Common Pleas of Cumberland County, Pennsylvania Re: Donald W. Samples and Adele D. Samples v. Clair Giles, Sr., Thelma Giles, Clair Giles, Jr. and Tricia Giles, also known as Tricia Albright Court of Common Pleas of York County No. 2008-NO-754-Y30 PRAECIPE TO TRANSFER JUDGMENT Pursuant to Pa.R.C.P. 3002, kindly enter judgment against the defendant in the amount of $58,662.92, in accordance with the following documents attached hereto: (1) certified copy of all the docket entries in the above-captioned case; and (2) certification of the amount of the judgment in the above-captioned case; respectively enter the judgment in the appropriate dockets and in the judgment index against the defendant. `~-~~- Robert P. Kline, Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 Attorney for Plaintiffs C .:- ~, --s c~ ;-,~ ~_ -- E - - e` .- , ,.. , 1; . - °~> ---- ;`r `~ ,- -~ f. ~io.a~-~~s, ~~w.i+~sM OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 DONALD W. SAMPLES &ADELE D SAMPLES Case No. 2008-NO-754-30 Plaintiff Vs. CLAIR GILES SR, THELMA GILES, CLAIR GILES, JR. AND TRICIA GILES A/K1A TRICIA ALBRIGHT Defendant To Whom It May Concern: I certify that judgment was entered in favor of DONALD W. SAMPLES &ADELE D SAMPLES and against CLAIR GILES SR, THELMA GILES CLAIR GILES JR AND TRICIA GILES A/K/A TRICIA ALBRIGHT on the 27TH day of FEBRUARY, 2008 in said case in the amount of 58 662.92. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 8TH day of JULY, 2008. ' ~~ a ~_ Prothonotary By _ Deputy ~'~ r ~w ~' . 1a~ ~{~ :a. ~ DONALD W. SAMPLES and ADELE D SAMPLES, PLAINTIFFS IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. .~ CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT, DEFENDANTS CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, the original of which is attached to the Complaint filed in this action, I appear for the above Defendants and confess judgment in favor of the Plaintiffs and against the Defendants, as follows: ~w C1 Unpaid balance of instrument `~`' $52,495.24 -~ Interest from December 1, 2007 918.16 " ~ - through February 22, 2008 `-=~ ~ _ "' Attorneys collection fee (10%) 5,249.52 `~~ J -.,, Total $58,662.92 ' ~-, -.s Respectfully submitted, r Judgment entered as above this ~_ day ~~ , 2008. S Prothonotary P9~wNi1~R~~~ ~ d DONALD W. SAMPLES and ADELE D SAMPLES, PLAINTIFFS VS. CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT, DEFENDANTS IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA ~~C~ n~~ ~s`~j~j3v ~~ ,. ~„ COMPLAINT • ~t.~ ~. ~~ r.~ _ _ ~, :.; Plaintiffs, Donald W. Samples and Adele D. Samples, by their attorney, Robert P. amine, i ~,;~ _- Esquire, of Kline Law Office, file this Complaint pursuant to Pa.R.C.P. No. 2951(b) for •W ;,,,, .~ judgment by confession and aver the following: 1. Donald W. Samples and Adele D. Samples aze adult individuals who reside at 22 Dartmouth Lane, Haverford, Pennsylvania 19041. 2. Defendant Clair Giles, Sr. is an adult individual whose last known address is 165 Lisburn Road, Wellsville (Warrington Township, York County), Pennsylvania 17365, and who presently may be residing at 187 Stoney Run Road, Dillsburg, Pennsylvania 17019. 3. Defendant Thelma Giles is an adult individual whose last known address is 165 Lisburn Road, Wellsville (Warrington Townshi„nn~ York~~ty), pennsylvania 17365, and who presently may be residing at 187 Stoney Run R~i~~~~l~~~~, Pennsylvania 17019. 4. Clair Giles, Jr. is an adult individual whose last known address is 165 Lisburn Road, Wellsville (Warrington Township, York County), Pennsylvania 17365, and who presently may be residing at 187 Stoney Run Road, Dillsburg, Pennsylvania 17019. 5. Tricia Giles, also known as Tricia Albright, is an adult individual whom it is believed is residing at 8 Pine Road, Mt. Holly Springs, Pennsylvania 17065. 6. Attached as Exhibit "A" is a true and correct copy of a Mortgage Note dated August 1, 2005, which instrument authorizes confession and is duly executed by Defendants. 7. The attached instrument has not been assigned. 8. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 9. Default was made by Defendants by failure in the payment of the installment .of $378.73 on the payment due January 1, 2008, and in the payment of all subsequent installments, whereby under the instrument, the entire sum is in default and immediately payable. 10. Consequently, the Defendants are liable to Plaintiffs as follows: Unpaid balance of instrument $52,495.24 Interest from December 1, 2007 918.16 through February 22, 2008 Attorneys collection fee (10%) 5,249.52 Total $58,662.92 WHEREFORE, Plaintiffs demand judgment in the sum of $58,662.92 as authorized by the warrant of attorney appearing in the attached instrument. _~~ ~~i Z.C~~ DATE Respectfully submitted, a ROBERT P. KLINE, QUIRE Attorne ID#58798 Kline(' r~ 714 Bridge Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiffs VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date - fJ ~-.~..-oar r ~ (~ ~ _ r)J 6 Dates c~ ~1 L- DONALD W. S LES J% ~" ~r' '~ r' ? ADELE D. ~AMPLES MORTGAGE NOTE $53,640.00 Pennsylvania August 1, 2005 For Value Received~LAIR GILES, SR., and THELMA GILES, his wife, and CLAIR GILES, ]R., and ~R~6~M- GILES, his wife, of 9 Morari Drive, Dillsburg, PA 17019 (hereinafter, whether one or more, called "Mortgagor") promises to pay to the order of DONALD W. SAMPLES and ADELE D. SAMPLES, his wife, (hereinafter, whether one or more, called "Mortgagee"), their heirs, personal representatives or assigns, in lawful money of the United States of America, the sum of Fifty-Three _ Thousand Six Hundred Forty Dollars ($53,640.00) and any additional moneys loaned or advanced by any holder hereof as hereinafter provided, as follows: The foregoing principal su,m of $53,640.00 with interest thereon at the rate of 7.6% per annum, payable in monthly installments of $378.73 each, beginning on the 1'~ day of September, 2005, and o n the 1~ day of each month thereafter fora period of 35 additional consecutive months, unless said debt be sooner paid, which said monthly payments shall be applied first to interest, due monthly, at the rate of 7.6% per annum, as aforesaid, on the principal sum or so much thereof as shall from time to time remain unpaid, and the balance of each monthly payment shall be applied to principal, and any balance of principal or interest remaining unpaid on August 1, 2008, shall become due and payable on said date; and in addition thereto, in the event any payment provided for herein shall become overdue by ten (10) days, the Mortgagor agrees to pay a late charge in an amount not exceeding six per cent (6%) of any such overdue payment as compensation for the additional service resulting from the default; all payments to be made at 22 Dartmouth Road, Haverford, PA 19041, or elsewhere as shall be directed by any holder hereof. . x u ~- N ? .'i ~ `~ °~ } i BALLOON NOTE: The final payment due under the Note is larger than the previous monthly payments. The final payment includes a substantial payment of principal. This loan is payable in full ~on the Maturity Date set forth herein. The -Mortgagor must repay the entire principal balance of the loan, unpaid interest and other sums then due. The Mortgagee is under NO obligation to refinance the loan at that time. The Mortgagor will, therefore, be required to make payment out of other assets that Mortgagor may own, or the Mortgagor will have to find a lender willing to lend the Mortgagor the money. 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 Mortgagor by any holder hereof at any time or times hereafter and intended by the Mortgagor and the th~a ~~ a so evidenced and secured, as well as any sums paid by any hold Qi suant 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 Mortgagor of Exhibit "A" any of the other obligations of this Note or said Mortgage, then 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 Mortgagor 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 judgements 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. The Mortgagor hereby empowers any attorney of any court of record within the United States of America or elsewhere to appear for the Mortgagor and, with or without complaint filed, confess judgment, or a series of judgments, against the Mortgagor 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 Mortgagor pursuant to the terms of this Note or said Mortgage, together ~ with unpaid interest thereon, costs of suit and an attorney's commission for collection of ten per cent (10%) of the total indebtedness, or $2,500.00, whichever is greater, 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. To the extent permitted by law, the Mortgagor hereby forever waives: (1) the necessity of filing any affidavit of non-military service; (2) all notice of levy as well as any right to request a release from levy from any and all real and personal property levied upon or attached; (3) all defects or irregularity in any writ of execution, levy, foreclosure or service, any law, usage or custom to the contrary notwithstanding. This obligation shall bind the Mortgagor and the Mortgagor's heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the Mortgagee hereof and their heirs, personal representatives 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. Witnessed by: r K ^ N v n s'B _~> T i ~ ~ L = ?+ _ ~ ~~ ~ ~ ~ Ny - C c v-y- i ~ ..~~i~'~ 7/i (SEAL) Clair Giles, Sr. ~~~ ~'~~~ (SEAL) Thelma Giles / (SEAL) (SEAL) Gile~..~ ~2iC~'q, ~~ DONALD W. SAMPLES and ADELE D. SAMPLES, PLAINTIFFS vs. CLAIR GILES, SR., THELMA CrII.ES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT, DEFENDANTS To: Clair Giles, Sr. 165 Lisburn Road Wellsville, PA 17365 IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA ~r~ f.. Clair Giles, Sr. 187 Stoney Run Road Dillsburg, PA 17019 - ,. Pursuant to Pa.R.C.P. 236, you are hereby notified that a Judgment By Default has `~; , been entered against you in the above proceeding in the amount of $58,662.92 on Tin n ~ ~nnn A copy of all documents filed with the Prothonotazy in support of the within judgment aze enclosed. Date: ~E(3 2 7 ~U08 thonotary Civil Division If you have any questions regazding this Notice, please contact the filing party: Robert P. Kline, Esquire p 5 g p g q~ g 04 ~~ Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 ~, ~.~; "'j'R ! r~ i3 `+.r 'L i`} °~.~ DONALD W. SAMPLES and ADELE D. SAMPLES, PLAINTIFFS vs. CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT, DEFENDANTS IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO ~= To: Clair Giles, Jr. Clair Giles, Jr. 165 Lisburn Road 187 Stoney Run Road Wellsville, PA 17365 Dillsburg, PA 17019 Pursuant to Pa.R.C.P. 236, you aze hereby notified that a Judgment By Default has been entered against you in the above proceeding in the amount of $58,662.92 on ~,,, ~-, FEB 2 7 2008 ~ `J -.~.; ;_~_; j!•yiry A copy of all documents filed with the Prothonotazy in support of the within `" :; judgment aze enclosed. - t. ~,.,,, DEB 2 7 2000 Date: ffyou have any questions regazding this Notice, ~~~~he filing party: thonotary Civil Division Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 DONALD W. SAMPLES and ADELE D. IN THE COURT OF COMMON PLEAS SAMPLES, YORK COUNTY, PENNSYLVANIA PLAINTIFFS vs. ~ , ~ ~ S2(" a '~ ~ d NO. ~ l~~ CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT, DEFENDANTS To: Tricia Giles a/k/a Tricia Albright 8 Pine Road Mt. Holly Springs, PA 17065 Pursuant to Pa.R.C.P. 236, you aze hereby notified that a Judgment By Default has een entered against you in the above proceeding in the amount of $58,662.92 on ,~ A copy of all documents filed with the Prothonotary in support of the within judgment aze enclosed. Date: ~ ~ ~ ~ ~S L., ~:_.V,.i ,."... l~ ~ '~ '~ ~ ~,,., ~~ ~ ~/- lam' thonotary Civil Division If you have any questions regazding this Notice, pl~~,~~ filing party: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 ~.> ~,> -~ ~, ~":;j i •.? ~: i+ -._ DONALD W. SAMPLES and ADELE D. IN THE COURT OF COMMON PLEAS SAMPLES, YORK COUNTY, PENNSYLVANIA PLAINTIFFS VS. '" "~ CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT, DEFENDANTS :~., ~., To: Thelma Giles Thelma Giles 165 Lisburn Road 187 Stoney Run Road - ~ : ~`'•~' .' Tt~ Wellsville, PA 17365 Dillsburg, PA 17019 ~' ~~~~ -.; :. ,, Pursuant to Pa.R.C.P. 236, you are hereby notified that a Judgment By Default has. u~.. r~~~; been entered against you in the above proceeding in the amount of $58,662.92 on A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Date: ~~ ? Prothonotary Civil Division If you have any questions regarding this Notice, pl~~r~'~e filing party: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 yr1 YORK COUNTY PROTHONOTARY Page 1 of 2 7/8/2008 2008-NO-00075430 SAMPLES, DONALD W vs. GILES, CLAIR SR Action 02/27/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON 04452 NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 DEBTOR(S): <D002DEFT >GILES, THELMA 02/27/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 DEBTOR(S): <D003DEFT >GILES, CLAIR JR 02/27/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 DEBTOR(S): <D003DEFT >GILES, CLAIR JR 02/27/2008 "COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 DEBTOR(S): <D004DEFT >GILES, TRICIA 02/27/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 DEBTOR(S): <D004DEFT >GILES, TRICIA 02/27/2008 "COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 .yr1 ~ YORK COUNTY PROTHONOTARY Page 2 of 2 7/8/2008 2008-NO-00075430 SAMPLES, DONALD W vs. GILES, CLA/R SR Action DEBTOR(S): 04452 <D005DEFT >ALBRIGHT, TRICIA 02/27/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 08-01-05 ( Volume: 00029-Blip: 00477 ) JUDGMENT AMT: $58,662.92 DEBTOR(S): <D005DEFT >ALBRIGHT, TRICIA 02/27/2008 *FILING FEE 06927 (Volume: 00029-Blip: 00477 ) 02/27/2008 *JUDGMENT CONFESSED PURSUANT TO WARRANT 04307 OF ATTY ( Volume: 00029-Blip: 00477 ) 02/27/2008 *AFFIDAVIT RE: NON-CONSUMER CREDIT 05164 TRANSACTION ( Volume: 00029-Blip: 00477 ) 02/27/2008 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED 02-27-2008 ( Volume: 00029-Blip: 00477 ) Parfy Type Parfy Name P SAMPLES, DONALD W A KLINE, ROBERT P P SAMPLES, ADELE D A KLINE, ROBERT P D GILES, CLA/R SR D GILES, THELMA D GILES, CLA/R JR D GILES, TRICIA D ALBRIGHT, TRICIA Total Number of Pages 0 CERTIFIED from the records of the Court of mo P s of YorkCouMy, Pennsylvania this da of D.20~ Pamela S. Lee, Prothonotary _ 0 .-~,- C~ ~. ~ ~ A v w !~ ?-- P °~ a w ~. -, ~~ ~, LL ~+ ~, ~ ., 1~ P`IC.£Q-OFFfC~ ci= T~~~ ~'ROTN6NOT,~RY 2DiJ OCT -8 ~~ $~ u2 ~'~~~SERLA~D COt11`dT' ~~r~~s~~.vA~~~ DONALD W. SAMPLES and ADELE D. SAMPLES, PLAINTIFFS VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4551 CIVIL TERM CLAIR GILES, SR., THELMA GILES, CLAIR GILES, JR. and TRICIA GILES also known as TRICIA ALBRIGHT and REAL DEBT, $58,662.92 TRICIA K. GILES, DEFENDANTS RELEASE OF REAL ESTATE FROM LIEN OF JUDGMENT DONALD W. SAMPLES and ADELE D. SAMPLES, the Plaintiffs in the above judgment, for value received, hereby release from the lien, effect and operation of the above judgment: ALL THAT CERTAIN lot or parcel of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Pine Road and land now or formerly of D.H. Pensinger; thence by said Pine Road, South 53 degrees West 66 feet to a point; thence by said road, South 59 '/2 degrees West 34 feet to a point in the center of said road; thence by land now or formerly of Charles H. Lenhart Estate, North 26 '/z degrees West 188 feet and 3 inches to a point in the fine of land now or formerly of D.H. Pensinger; thence by said Pensinger, South 56 degrees East 200 feet to the place of BEGINNING. BEING THE SAME PREMISES which Richard P. Blocher and Janice L. Blocher, husband and wife, by their deed dated April 17, 2007, and recorded April 19, 2007, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 279 at page 3274, granted and conveyed unto Tricia K. Giles and Troy E. ~8. oo P p h~"t^/ ~ t+ 38q~ ~~ a~tg3a..~ Myers. WITNESS their hands and seals the ~'~ day of OC+D~2(~ , 2010. WITNESS: ~~ ~ , DONALD W. SAMPLE ADELE D. SAMPLES COMMONWEALTH OF PENNSYLVANIA COUNTY OF I~elaWaQ.~. SS: On this, y~ day of Oc~be(~- , 2010, before me the undersigned officer, a Notary Public, personally appeared Donald W. Samples and Adele D. Samples, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NO Y PUBLIC My Commission Expires: ~ ($ 1 ~ ~ ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marjorie E. Donohue, Notary Public Haverford Twp•, Delaware 18 2012 My Commission Expires Aug. Member, Pennsylvania Association Of Notaries