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HomeMy WebLinkAbout09-6490JUDGMENT NOTE oq - 10g40 Civil err, YORK, PA DATE: May 28, 2009 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 + 4 (MIN. 9%) (P+4%, MIN 9%) percent per annum, the sum of TWENTY-ONE THOUSAND EIGHT HUNDRED NINTEY-ONE AND 10/100 ($21,891.10) DOLLARS, on or before DEMAND. We also agree to pay interest at the rate of P+4, MIN 9%* after the entry of the judgment and/or the institution of any collection proceedings. If this Note is placed in the hands of an Attorney for collections, we agree to pay as a reasonable Attorney's fee Fifteen (15%) percent of the amount due and owing on this defaulted Note. In the event of default, to secure payment of this Note we will hereby authorize, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear for us in such Court, at any time before of after Maturity and confess a Judgment against us in favor of any holder of this Note without the filing of an Averment of Default, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, Attorney's fees, and costs as herein provided, and we hereby waive and release any and all benefits and relief from any and all appraisement stay, or exemption laws of any State, now in force or hereafter passed. WITNESS the hand(s) and se Witness: ? - ,c, ?-? ova the undersigned. / (SEAL) BRANDT & ASSOCIATES, INC. BR$T, PRESIDENT (SEAL Y H. BRANDT SEAL * MINIMUM MONTHLY PAYMENT OF 50% IN JUNE, 25% IN JULY AND 25% IN AUGUST PLUS INTEREST BILLED MONTHLY. • t" y, 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 & SON, INC. to enter a judgment against the undersigned, or ei er o us, a its- discretion and in its favor in the event 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 for execution. 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 acknowled e receipt of a copy of this affidavit and certify that after reading and f nderstanding it, the undersigned have signed this affidavit intent' ally, understandingly and voluntarily aiving a 1 the above rights, being willing to sign such note desp e the co segggnces set forth above. Affirmed to and subscribed (SEAL) before me this C-;?'?"' day Y H. BRANDT PRESIDENT (SEAL) RAN D'f of 2009. (SEAL) N0_'r8RY PUE3LIrL:;1 / y ommi s s i oX0*"ift6L MAURA A. JENKINS, NOTARY PUBLIC MECHANICSBURG BORO, CUMBERLAND COU MY CAMM!SSION EAPIRES JAN. 12. 200 Page 3 • i 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. MYERS & SON, INC. AND AGAINST THE UNDERSIGNED, CONTAINING A CONFESSION OF JUDGMENT. DATED: May 28, 2009 AMOUNT: $ 21,891.10 . The undersigned certify that the income of the undersigned, or conjugal (husband-wife) income with th sp uses executing the document, is at least $10,000.00/annually/ Affirmed to and subscribed before me this day of 2009. NOTARY PUBLIC My commission expires /v (SEAL) J. H. RAND ASSOCIATES INC. JAY H B D PRESIDENT (SEAL) JAY H. BRANDT (SEAL NOTAPIAL SEAL MAUPA A. JENKyJS, NOTARY PUBLIC KECHAh1 C:i12-' 'Ft,3 80H0, CUMBERLAND COUNTY 1AY & MMISSION Fv PIRES JAN. 12,_2010 Page 2 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CURTIS R. LONG TELEPHONE PROTHONOTARY (717) 240-6195 CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF: John H. Myers & Son, Inc. versus DEFENDANT: Jay H. Brandt 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 Defendants is: 657 Forge Road, Carlisle, PA 17015 ANDREA EVELER STANLEY, ESQUIRE No. PA 34347 Attorney for Plaintiff EVELER & EVELER, LLC 2997 Cape Horn Road Suite A-6 Red Lion, PA 17356 (717) 246-8000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION JOHN H. MYERS & SON, INC. : File No. VS. JAY H. BRANDT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (XX) Pursuant to Pa.R.C.P. No. 2951 (a)(2)(ii). I certify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY Pursuant to Pa.R.C.P. No. 2971 (a)(1). I certify that this judgment is not being against a natural person in connection with a residential lease. The above certification is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: 9/22/09 Signa 0e: Print Name: ANDREA EVELER STANLEY Plaintiff/Attorney for Plaintiff Address: 2997 Cape Horn Rd., Suite A-6 Red Lion, PA 17356 Telephone: 246-8000 Supreme Court ID No.: PA 34347 Fii ED r r;CE OF THE i Dly N o . } Joy q ? Nom' 2009 .?Jt_P 25 r o' i 2' u J a7.50 PO A`M z 3 q a34 aRa I.)Aer, kd"o1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. NO. PLAINTIFF VS. JAY H. BRANDT DEFENDANT: 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 $21,891.10 on ZWA As , 2009. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. othonota . by: If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: TELEPHONE NO.: ANDREA EVELER STANLEY, ESQUIRE NO. PA 34347 2997 CAPE HORN ROAD SUITE A-6 RED LION, PA 17356 (717) 246-8000 Notice sent to: NAME: JAY H. BRANDT ADDRESS: 657 FORGE ROAD CARLISLE PA 17015