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Home My WebLink About09-3736Oq - 3013(o 0OFFICE 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 JOHN H. MYERS & SON INC Case No. 2009-NO-2219-30 Plaintiff Vs. WHEATLAND CUSTOM HOMES Defendant To Whom It May Concern: I certify that judgment was entered in favor of JOHN H. MYERS & SON INC and against WHEATLAND CUSTOM HOME ET. AL. on the 5TH day of MAY, 2009 in said case in the amount of $65,656.08. Total costs paid by plaintiff to the York County Courts equals $77.25. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 7TH day of MAY, 2009. Prothonotary By Deputy tdj YORK COUNTY PROTHONOTARY Page 1 of 1 5/7/2009 2009-NO-002219-30 MYERS JOHN H MYERS AND SON INC vs. WHEATLAND CUSTOM Action 05105/2009 COMPLAINT AND CONFESSION OF JUDGMENT ON 04452 7 NOTE=1N AMT OF $65656.08 05105/2009 CERTIFICATE OF RESIDENCE 05105/2009 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED Patty Name Atty Name D- WHEATLAND CUSTOM HOMES INC D- MARTIN, RICHARD L D- MARTIN, KAREN P- MYERS JOHN H AND SON INC P- JOHN H MYERS AND SON INC CERTIFIED from the records of 1?-ay t of Co mon Pleas of York County, Pennsylvania this of A.D. 20u-\ Pamela S. Lee, Prothonotary e.,o,\ S_ 04320 05032 EVELER, GEORGE L 111 EVELER, GEORGE L 111 Total Number of Pages : 9 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PE SYLVANIA JOHN H. MYERS & SUN, INC. T??y, Ma1f 5, 20091o'.32 AM c t, ,., a PLAINTIFF 2009-NO-X2219-3Q --?: vs. 2 WHEATLAND CUSTOM HOMES , INC., RICHARD L. MARTIN and KAREN MARTIN . DEFENDANTS CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, TO WIT, this 29th day of April , 2009, comes the Plaintiff, John H. Myers & Son, Inc., by and through its attorneys, Eveler & Eveler, LLC, and files the within Complaint, whereas the following is a statement: L The Plaintiff, John H. Myers & Son, Inc., is a corporation with a principal business at 2200 Monroe Street, P. O. Box 1924, York, York County, Pennsylvania, 17405. 2. The Defendant, Wheatland Custom Homes, Inc., is a corporation, with a principal place of business at 330 Millway Road, Ephrata, Lancaster County, Pennsylvania, 17522. 3. The Defendants, Richard L. Martin and Karen Martin, are adult individuals residing at 330 Millway Road, Ephrata, Lancaster County, Pennsylvania, 17522. I ii 4. On April 6, 2009, Defendants executed a judgment note in favor of Plaintiff in the original amount of $59,604.62 with interest at the rate of prime plus four (41/6) percent with a minimum of eight (8%) percent per annum, due and payable one year from date of note. The original of the judgment note is attached as Exhibit "A,,. 5. Defendant, Wheatland Custom Homes, Inc., is not a natural person. 6. Defendants, Richard L: Martin and Karen Martin, are natural persons. 7. The note being entered against the Defendant is not connected with a consumer credit transaction. 1 8. The note has not been assigned. 9. Judgment has not been entered on the note in any other jurisdiction. 10. The note contains no condition precedent to the filing for judgment by confession. 11. The judgment note authorizes confession for a penal sum. 12. 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, the undersigned is authorized to appear for the defendant(s) and confess judgment in favor of the plaintiff (s) and against the defendant(s) as follows: • Principd/Penal 59,604.62 • Other authorized items: (late fees) • Interest • Attorneys fees 5.960.46 Total $65,656.08 13. The note is less than twenty (20) years old. WHEREFORE, the Plaintiff Prays this Court enter -judgment by confession on the note allocated hereto as Exhibit "A". UBV.JKVeL. EVELER, M, ESQUIRE NO. PA 38508 EVELER & EVELER, LLC 2997 CAPE HORN ROAD, SUITE A-6 RED LION, PA 17356 (717) 246-8000 ' ? f YERIFICATION I, ROBERT L. MYERS, III, verify that I am the President of JOHN H. MYERS & SON, INC., and as such, I am authorized to give the Verification on its behalf, and further verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I acknowledge that had I knowingly made false statements in this document, I would be subject to the penalties of a misdemeanor of the third class pursuant to 18 Pa. C.S.A. Section 4904 regarding unswom falsification to authorities. DATED:_ April 29, 2009 JOHN H. MYERS & SON, INC. BY: '4 I ROBERT L. Y, III, President 4 $59,604.62 JUDGMENT NOTE DATE : & I LL z.09 FOR VALUE RECEIVED, we, the undersigned, promise to pay to the order of JOHN H. MYERS & SON, INC., with interest at the rate of prime plus four (4%) percent with a minimum of eight (8%)percent per annum, the approximate sum of FIFTY-NINE THOUSAND SIX HUNDRED FOUR AND 62/100 ?- -S= 059,-604::62)•-DOLLARSr- due -one -yea-vtfrom-date 1-hereof-=and=payable. as.--- -?.:..: follows: the sum of 15% of the net proceeds from the sale and settlement of each of the hereinafter named properties: 1. Foxwood Glenn Lot 102, 2 Horizon Drive, Fredericksburg, PA 17026. 2. Cider Press Estates Lot 3, 705 Bencru Avenue, Mechanicsburg`c-= PA 17055. _<C.; 3. Grantham Crossing Lot 5, 5 Jennifer Lane, Dillsburg, P o> 17019. c"a 4. Penn Valley Lot 107, 8 Redwood Drive, Enola, PA 17025. w ' The note holder agrees that in the event the fifteen (15%) " w percent of the net proceeds is paid as set forth above this note will be deemed settled and satisfied. If this Note is:"placed in the hands of an Attorney for collection, we agree to pay as a reasonable Attorney's fee Ten (10%) percent of the amount due and owing on this defaulted Note. To secure payment of this Note we hereby authorize, irrevocably, the'Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear for us in such Court, at any time before or after Maturity and confess a Judgment against us in favor of any holder of this Note without the filing of an Averment of Default, with release of errors, without stay of EXEtBrr "A" execution, and for such amount as may appear to be unpaid thereon, together with charges, Attorney's fees, and costs as herein provided, and we hereby waive and release any and all benefits and relief from any and all appraisement,.stay, or exemption laws of any State, now in force or hereafter passed. WITNESS the hand(s) and seal(s) of the undersigned. Witness: CUSTOM HOMES, INC. .._ .. .. .. _ _..,...,,:; ,,;,y,,. ?... -. .gig ..... ? .. (SEAI?)ice. 1 - L. TrN, President (SEAL) l? (SEAL) N MARTIN EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT AS REQUIRED BY OPINION OF SUPREME COURT OF THE UNITED STATES RE: NOTE IN FAVOR OF JOHN H. MYER.S & SON, INC. AND AGAINST THE UNDERSIGNED] CONTAINING A CONFESSION OF JUDGMENT. DATED: AMOUNT: $59,604.62 The undersigned certify that the income of the undersigned, or conjugal (husband-wife) income with both spouses executing the document, is at least $10,000.00 annually. Affirmed to and subscribed before me this th day. of ! r 1? , 2009. My commission expires: N.7H OF PENNSYLVMIU? NoMlr SW Nk1uM M. WK Nolory P'ubNc INoInUn1V4L. tarw?l?rgouty MyCoaniNen 50=3.pc 21, 90'11 kft"W. Penn *811is A**ftW0= d Notala The undersigned clearly and specifically understand that by signing the note above referred to, containing a confession of judgment clause: 1. We and each of us authorize JOHN H. MYERS 6 SON, INC. to enter a judgment against the undersigned, or either of us, at its discretion and in its favor without notice and without declaration of default for non-payment, which entry will give the holder a lien as security for payment upon the real property (including the home) owned by the undersigned at the time of entry, and a lien on personal property owned by the undersigned at the time it is given to the Sheriff execut'io'i'.'"",. -'.--_---? 2. We and each of us waive all right to notice and to have an opportunity to be heard prior to the entry of the judgment on the Court records, understanding that the only method to challenge this judgment would be by proceedings in Court to open or strike it, which proceedings would result in substantial attorneys fees which the undersigned would have to pay. (Without such clause containing a Confession of Judgment the holder would have to file suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the confession.) The undersigned acknowledge receipt of a copy of this affidavit and certify that after reading and fully understanding it, the undersigned have signed this affidavit intentionally, understandingly and voluntarily waiving all the above rights, being willing to sign such note despite the sequences set forth above. Affirmed to and subscribed before me this th day 2009... HOMES, INC. muftaw Notary Public MY commission expires: Ummmoiroo a"THMOFPEN_N$YLVM,8A pubic tt . Ap?.tlon d Notar?so OFFICE OF THE PROTHONOTARY OF YORK COUNTY PAMELA S. LEE TELEPHONE PROTHONOTARY (717) 771-%11 YORK COUNTY JUDICIAL CENTER r' 45 NORTH GEORGE STREET YORK, PENNSYLVANIA 17401 C' Ln IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PLAINTIFF: John H. Myers & Son Inc versus n DEFENDANT:_ Wheatland Custom Homes Inc Richard L Martin and Karen Martin JUDGMENT NO. CERTIFICATE OF RESIDENCE PA R. C. P. 236 .I, hereby certify that the precise residence of Plaintiff is: 2200 Monroe Street, P. O. Box 1924 York. PA 17405 and certify that the last known address of the within Defendant is: c GE L-LEVELER, III, ESQUIRE No. PA 38508 Attorney for Plaintiff EVELER & EVELER, LLC 2997 Cape Horn Rd., Suite A-6 Red Lion, PA 17356 (717) 246-8000- i AI IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF VS. WHEATLAND CUSTOM HOMES, INC., RICHARD L. MARTIN and, KAREN MARTIN DEFENDANTS Tuesday, May 5, 200910:32 AM 2009-NO-002219-30 .± NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered { against you in the amount of S659656A8 on 2009 ( X ) A. copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. by: If you have any questions regairding this Notice, please contact the filing party: NAME: GEORGE L. EVELER, III, ESQUIRE NO. PA 38508 ADDRESS: 2997 CAPE HORN RD., STE. A-6 RED LION, PA 17356 TELEPHONE NO.: (717) 246-8000 Notice sent to: NAME:. WHEATLAND CUSTOM HOMES, INC. RICHARD L. MARTIN AND KAREN MARTIN ADDRESS: 330 MILLWAY ROAD EPHRATA, PA 17522 c? w r•1 -a c? FILED-aT £ OF THE PROTHONOTARY 2009 JUN -5 PM 3: 10 CU 1 ` t:llll uu 1Y *aq , M po A7W "6&., 04L.L4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA G aI .. - C cTt... rrl r t —4 -C .�-t; JOHN H. MYERS & SON, INC. : NO. 09-3736 Cam,,.• N cam`_.\ PLAINTIFF : �'T= '" �. _cam _,; • -cs VS. : 7.c , • ---c. }. T- WHEATLAND CUSTOM HOMES, INC.: RICHARD L. MARTIN and KAREN : MARTIN . DEFENDANTS : PRAECIPE TO REMOVE TO THE PROTHONOTARY ( ) Please mark the above captioned action settled and satisfied. (XX) Please mark the above captioned judgment or lien settled and satisfied. _____24... CC, hikt/(A\- ANDREA EVELER STANLEY, ESQUIRE PA 34347 EVELER& EVELER, LLC 2997 CAPE HORN ROAD, SUITE A-6 RED LION, PA 17356 (717) 246-8000 it lle ( -() I , 2013