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HomeMy WebLinkAbout08-5887~ • CQ - 58~ L'evtl ~r•w AMOUNT DATE AND PLACE $2,185.57 January, 2008 Cumberland County, PA PROMISSORY JUDGMENT NOTE FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, Brooke Lavley of Cazlisle, Pennsylvania, jointly and severally (hereinafter whether singular sir plural called the "Maker") promise to pay Law Offices of Peter J. Russo, P.C. at 3800 Market Street, Camp Hill, PA 17011 (hereinafter called the "Holder") the principal sum of Two 't'housand One Hundred Eighty Five Dollars and Fifty Seven Cents ($2,185.57) lawful money of the United States of America. Monthly payments of Two Hundred Dollars No/100 ($200.00) shall be made on the last day of every month until the principal sum is paid. In any event, no later than July 31, 2008 the full amount shall be paid in full by Maker. The full amount due hereunder shall be due and payable on demand by Holder. Maker does hereby empower the Prothonotary, clerk of court, or any attorne;r of any court of record in the Commonwealth of Pennsylvania, at any time before"or after maturity whether or not any default has occurred, to appear for it and, with or without declazation filed, confess judgment against it for the above sum with costs of suit, release of errors, and with out stay of execution, and with (5°10) percent added as part of the judgment for attorney's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which is incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. The failure of Holder to declaze this Note due and payable on the Maturity Date shall not constitute a waiver of any of Holder's remedies, and the same shall be available to Holder until such time as this Note is satisfied. The words "Holder" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, successors and assigns of Holder and Maker, and the term "Maker" shall be deemed and construed to include the singulaz, as well as the plural, and the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. ~ ~ • EXPLANATION OF RIGHTS A. I clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the principal amount of Two Thousand One Hundred Eighty Five Dollars and Fifty Seven Cents ($2,185.57) (the "Note") payable to Law Offices of Peter J. Russo, P.C. (hereinafter "Holder") which contains a confession of judgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor, which will give the Holder a lien. upon any real estate which I may own, including my home. 2. I will give up the right to any notice or opportunity to be heard prior to the entrx.of this jq„dgmentonthe„ords of the. co 3. I will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff' sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE I UNDERSTAND I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to the opening or striking off a confessed judgment. C. I fully and completely understand these rights, which I have received prior to signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the Note. Nevertheless, I freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. • • D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings. of $10,000.00 or more per year. WITNESS: I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS rooke Lavley COMMONWEALTH OF PENNSYLVANIA COUNTY OF (el mr~42~,r1~ nrl :SS On this, the I O day of , 2005, before me, a Notary Public, the undersigned officer, personally appeared,,B Doke Lavley known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seat. My Commission Expires ry PubllC COMMONWEALTH OF PENNSYLVANIA No~rhal Seal i Astiaey Sipe, Notary Public I t•6ampden Twp., Cumberland County My Commission E~ires Od 12, 201 ~ Member, Pennsylvania AssociAtion !~f Noiai i 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com LAW OFFICES OF PETER J. IN THE COURT OF COMMON PLEAS RUSSO, P.C., OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW BROOKE LAVELY, N0.2008- CIVIL TERM Defendant , AFFIDAVIT I, Elizabeth J. Saylor, Esquire, being duly sworn according to law, deposes and says the following: I am the Plaintiff's attorney in the above action; and 2. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. THE LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I . D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff b LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com LAW OFFICES OF PETER J. RUSSO, P.C., Plaintiff v. BROOKE LAVELY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2008- CIVIL TERM CLRTIFICATE OF RESIDENCE I, Elizabeth J. Saylor,hereby certify that the last known mailing address of the Defendant is indicated below: Brooke Lavely 110 Regency Woods North Carlisle, PA 17015 I, Elizabeth J. Saylor, hereby certify that the last known mailing address of the Plaintiff is indicated below: The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Elizabeth J. Saylor, Esquire Date: ~ -/ - 4 ~i 1 ~ C' ~ ~ ~_ r.,,_, -t7 . w A ~ -r rt, . ~ ~ -^-( r` 1~s _ .r'" ' ~ i"7't .~ rrww vl ~ .. _ ~ ~~ i" ` ~ ~ t -,-. ~t -~. `:C3 °: LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court tD: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com LAW OFFICES OF PETER J RUSSO, P.C., Plaintiff v. BROOKE LAVELY, Defendant IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW N0.2008- CIVIL TERM Notice Under Rule 2958.1 Of Judgment and Execution Thereon Notice of Defendant's Rights To: Brooke Lavely A judgment in the amount of $2,185.57 plus costs of suit has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. DATE: /%sz/os rotho You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elizabeth J. Saylor, Esquire Attorney for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5887 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff (s) From BROOKE LAVELY, 110 REGENCY WOODS NORTH, CARLISLE, PA 17015 AND 247 ANDERSONTOWN ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY INCLUDING BUT NOT LIMITED TO VEHICLES, MOTORCYCLES, BOATS, MOBILE HOMES (INCLUDING V.I.N. 02110402M), JET SKIS, JEWELRY, FURNITURE, DESKS, ELECTRONICS, COMPUTERS, TELEVISIONS, PRINTERS, AND CASH LOCATED AT 110 REGENCY WOODS NORTH, CARLISLE, PA 17015 AND/OR 247 ANDERSONTOWN ROAD, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,185.57 Interest $382.46 Atty's Comm % Atty Paid $54.00 Plaintiff Paid Date: 9/28/11 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name PETER J. RUSSO, ESQUQIRE Address: LAW OFFICES OF PETER J RUSSO, P.C. 5006 E. TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 Attorney for: PLAINTIFF Telephone: 717-591-1755 Supreme Court ID No. 72897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r-..a CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION UJ P.C. Q? Confessed Judgment Russo Law Offices of Peter J ELI o >v 'a 7e, r , . Plaintiff ? Other 60 r VS. File No. 08-5887 >C.y - ?-' Amount Due 2,185.57 u? Brooke Lavely . Defendant Interest $382.46 ?' - Address: Any's Comm 110 Regency Woods North, Carlisle PA 17015 and costs as calculated by proth. 247 Andersontown Rd, Mechancisburg PA 17055-6023 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) all property including but not limited to vehicles, motorcycles, boats, mobile homes (including V.I.N. 02110402M), jet skis, jewelry, furniture, desks, electronics, computers, televisions, printers, and cash located at 110 Regency Woods North, Carlisle PA 17015 and/or 247 Andersontown Rd, Mechanicsburg PA 17055-6023 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a Its pe g ins of the defendant(s) described in the attached exhibit. Date °I a CA Signature: Print Name: Peter I Russo, ire Qom`T Address: 5006 E. Trindle Rd, Suite 100 B? Mechanicsburg, PA 17050 Attorney for. Law Offices of Peter J Russo, P.C. Telephone: 7175911755 ext 104 • Q ? '?' a ? ?y Supreme Court ID No: 72897 ftA41110 ot._4k 09 ?1=-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy of Cujfj ?,tf 2011 OAT -7 PM 4: I Richard W Stewart Solicitor OFF :Ll PENNSYLVANHA Law Offices of Peter J. Russo, PC Case Number vs. 2008-5887 Brooke Lavely SHERIFF'S RETURN OF SERVICE 10/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brooke Lavely, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 110 Regency Woods North MHP, Middlesex Township, Carlisle, PA 17015. Deputies spoke to new tenant she stated she moved in four months ago and does not know defendant. 10/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brooke Lavely, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 247 Andersontown Road, Mechanicsburg, PA 17055. This address is located in York County. SHERIFF COST: $57.63 October 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF pd. C?6, i-L pd, 5-3 o Counh,Soae Jhrr11. ielctc; ;NI. Inc