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HomeMy WebLinkAbout09-2704 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`x' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL N0.2009 DONALD A. BARBARO, ) Defendant ) CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant Donald A. Barbaro for failure to complVth the terms of the Installment Judgment Promissory Note in the original amount of $6,634.04 together with twenty (20%) percent attorney's commission of $1,326.80 plus a late charge of $50.00 for two monthly installments not received and interest at the rate of 1% per month from date of the Note of $132.00 for a total judgment in the amount of $8,142.84, plus costs of suit. Respectfully submitted, f &1k J 7 MICHAEL L. BANGS Attorney for Plaintiff Date: ????_ INSTALLMENT JUDGMENT PROMISSORY NOTE U.S. $6,634.04 , PENNSYLVANIA City 7 DATE: -3136 FOR VALUE RECEIVED, the undersigned DONALD A. BARBARO, of 4440 Sears Run Drive, Mechanicsburg, Pennsylvania ('Borrower") promise(s) to pay to the order of HEMPT BROS., INC., or order, the principal sum of SIX THOUSAND SIX HUNDRED THIRTY-FOUR AND 04/100 ($6,634.04) DOLLARS, with interest on the unpaid principal balance at the rate of one (1%) percent per month from the date of this Note. Payments shall be payable c/o Michael L. Bangs, Esquire, 429 South 18th Street, Camp Hill, Pennsylvania, 17011, or such other place or places as the Note holder may designate, in consecutive monthly installments of FIVE HUNDRED AND 00/100 (U.S. $500.00), on the FIRST day of each month with the first payment hereunder due on March 1, 2009. Such monthly installments shall continue until the entire indebtedness evidenced by this Note is fully paid. If any monthly installment under this Note is not paid when due and remains unpaid after five days within the date that said monthly installment is due, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note Holder. Borrower shall pay to the Note Holder a late charge of FIVE (5%) percent of any monthly installment not received by the Note Holder within FIVE (5) days after the installment is due. The undersigned does hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for the undersigned, after default in any payments due and owing under the terms of this Note, and to enter judgment against the undersigned in favor of any holder of this Note for the outstanding amount due plus interest and other charges due and owing under the terms of this Note, together with costs of suit, release of errors, together with an attorney's commission of twenty (20%) percent, and without stay of execution of any kind; and the undersigned hereby waives and releases any and all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereinafter to be passed. WITNESS DONALD A. BARBARO DISCLOSURE STATEMENT The undersigned, DONALD A. BARBARO, having read this document in its entirety, and fully understanding it, hereby state, admit, acknowledge, and certify the following: 1. I have, this day, signed an Installment Judgment Promissory Note in which I promise to pay to Hempt Bros., Inc., the sum of Six Thousand Six Hundred Thirty-four and 04/100 ($6,634.04) DOLLARS. 2. The said judgment note gives the persons who hold or own the note the right to file and enter judgment against me without any prior notice to me and without any right of formal pleading, notice, or hearing for me before the entry of said judgment. 3. Such a judgment entered against me will automatically create a lien on all real estate owned by me at that time, whether I own it now or acquire it later. 4. Such a judgment entered against me will entitle the person who owns or holds such a judgment to issue execution against my property which can result in the Sheriff physically attaching or taking possession of said property and selling it at a Sheriffs Sale. 5. That I will be compelled and required to hire an attorney to file formal documents to open or strike such a judgment if I have a valid defense to the action taken against me, and without those documents being filed, I will not have a right to a hearing or trial on such judgment matter. 6. That I have an income, either together with any other persons who signed the note with me, which is at least $10,000.00 per year. ?. WITNESS ONALD A. BARBARO Address: 4440 Sears Run Drive Mechanicsburg, PA 17050 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18fl' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2009 CIVIL DONALD A. BARBARO, ) Defendant ) CIVIL ACTION - LAW ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Hempt Bros., Inc. 205 Creek Road Camp Hill, PA 17011 Defendant: Donald A. Barbaro 4440 Sears Run Drive Mechanicsburg, PA 17050 MICHAEL L. BANGS Attorney for Plaintiff ?T _?: 1`'? cry ? ?r ??? r rY ci. . al. 50 p n ATrl -? s(o 516 RTC` aa44 Wo IJ?.?. IJ?a??l MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 180' Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2009 CIVIL DONALD A. BARBARO, ) Defendant ) CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 TO: DONALD A. BARBARO Defendant(s) j the following You are hereby notified that on April 2-710 , 200 (Judgment) (Order) (Decree) has been entered against you in the above-captioned case: $8,142.84 ($6,634.04 original Judgment Promissory Note amount plus twenty (20%) percent attorney's commission of $1,326.80 plus a late charge of $50.00 and interest at the rate of 1% per month totaling $132.00), plus costs of suit. DATE: ( 'x JAY P ono / I hereby certify that the name and address of the proper person(s) to receive this notice is: Donald A. Barbaro 4440 Sears Run Drive Mechanicsburg, PA 17050 A: DONALD A. BARBARO, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de del 20 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $8,142.84 ($6,634.04 original Judgment Promissory Note plus twenty (20%) percent attorney's commission of $1,326.80 plus a late charge of $50.00 and interest at the rate of 1% per month totaling $132.00), plus costs of suit, FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Donald A. Barbaro 4440 Sears Run Drive Mechanicsburg, PA 17050