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Home My WebLink About10-1724I . ? 1 F LM--.)F:-,C ?. } ; . „AFY 2UIv ;? 10 A"III:22 Keefer Wood Allen & Rahal, LLP Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 635 N. 12'h Street, Suite 400 Lemoyne, PA 17043 MOBILE-REC, INC. Plaintiff VS. RONALD A. WELLER, Defendant C047- 1 ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. i 1-16 14 a-u i t I rftl CIVIL ACTION-LAW CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against the defendant as follows: a. Outstanding principal on Loan Agreement: $36,411.00 b. Interest on outstanding balance (Contractual rate beginning 6/1/2009): 2,723.33 C. Costs (filing fee: 49.00 d.. Attorney's commission (5%): 1,959.16 Total: $41,142.49 Respectfully submitted, Dated: March 5, 2010 KEEFER WOOD ALLEN & RAHAL, LLP Todd F. Truntz, Esquire Attorney I.D. #83302 PQ A 635 North 12th Street, Suite 400 X011' Lemoyne, PA 17043 0Kl S9 Iy7 Pc2avo9 (717) 612-5800 CERTIFICATE OF SERVICE I, Todd F. Truntz, Esquire, an employee of the law firm of Keefer Wood Allen & Rahal, LLP, hereby certify that I have served the foregoing CONFESSION OF JUDGMENT this date by depositing a true and correct copy of the same in the United States mail, certified first-class, return receipt requested, postage prepaid, and first-class, postage prepaid addressed as follows: Ronald A. Weller 80A Greenwood Circle Wormleysburg, PA 17043-1140 KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 8, 2010 By: Todd F. Truntz, Esquire Attorney I.D. #83302 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 Keefer Wood Allen & Rahal, LLP Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Trunta, Esquire Identification No. 83302 635 N. 12`h Street, Suite 400 Lemoyne, PA 17043 MOBILE-REC, INC., Plaintiff VS. RONALD A. WELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. /6 - /?.2 Y Cpl CIVIL ACTION-LAW CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY 1. Plaintiff is Mobile-Rec, Inc., a Pennsylvania business corporation having an address of 2407 Park Drive, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. Defendant is Ronald A. Weller, an adult individual having a last known address of 80A Greenwood Circle, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. A true and correct copy of the Promissory Note under which Plaintiff is confessing judgment is attached hereto as Exhibit "A." 4. A true and correct copy of the Loan Agreement under which the Promissory Note arises is attached hereto as Exhibit "B." Defendant's obligation to Aegis Security Insurance Company ("Aegis") was assigned to the Plaintiff by way of the Promissory Note. 1 5. The Promissory Note under which judgment is being confessed has not been assigned. 6. The balance due thereunder is Forty One Thousand One Hundred Forty Two and 49/100 ($41,142.49) Dollars, together with interest and an attorney's commission of five (5%) percent of this amount computed as follows: a. Outstanding principal on Loan Agreement: $36,411.00 b. Interest on outstanding balance (Contractual rate beginning 6/1/2009): 2,723.33 C. Costs (filing fee): 49.00 d. Attorney's commission (5%): 1,959.16 Total: $41,142.49 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. Judgment is being entered by confession as a result of Defendant's default on the Promissory Note, which Defendant made to procure financing for Defendant's business, NTM, Inc., a Pennsylvania business corporation. 9. Judgment has not been entered against Defendants on the Promissory Note in any jurisdiction. 10. Judgment in the amount of Forty One Thousand One Hundred Forty Two and 49/100 ($41,142.49) Dollars is demanded as authorized by the warrant contained in the Promissory Note attached as Exhibit "A." 11. The Agreement was entered as of December 13, 2002, and is thus less than twenty (20) years old. 2 WHEREFORE, Plaintiff demands judgment in the sum of Forty One Thousand One Hundred Forty Two and 49/100 ($41,142.49) Dollars as authorized by the warrant appearing in the attached Promissory Note, together with interest from the date of judgment and costs. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 8, 2010 BY: Elyse E. Rogers, Esquire Attorney I.D. No. 41274 Todd F. Truntz, Esquire Attorney I.D. #83302 635 North 12t' Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 3 CERTIFICATE OF SERVICE I, Todd F. Truntz, Esquire, an employee of the law firm of Keefer Wood Allen & Rahal, LLP, hereby certify that I have served the foregoing COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY this date by depositing a true and correct copy of the same in the United States mail, certified first-class, return receipt requested, postage prepaid, and first-class, postage prepaid addressed as follows: Ronald A. Weller 80A Greenwood Circle Wormleysburg, PA 17043-1140 KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 8, 2010 BY. Todd F. Truntz, Esquire Attorney I.D. #83302 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 VERIFICATION The undersigned, William J. Wollyung, III, Chief Financial Officer of Mobile- Rec, Inc., hereby verifies and states that the facts set forth in the foregoing Complaint in Confession of Judgment for Money are true and correct to the best of his knowledge, information and belief. Furthermore, the undersigned understands that false statements are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Dated: /:6// P I/V Wall kw William J. Wol ung, II Chief Financial Officer Mobile-Rec, Inc. Etta.+? M7< (=?? i ° ?!1 PROMISSORY NOTE Amount: $75,000.00 Date: December 13, 2002 ON DEMAND, after date, the undersigned promises to pay to the order of Mobile Rec. Inc., at Harrisburg, Pennsylvania SEVENTY FIVE THOUSAND DOLLARS without defalcation, or so much as may be outstanding, with interest on the outstanding principal balance from the date hereof at a rate of 10% per annum. And further the undersigned do hereby authorize and empower the prothonetary or any attorney of any Court of Record in Pennsylvania or elsewhere to appear for and enter judgment against the undersigned and each of them for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with 15 percent added for collection fees, and the undersigned further agrees that real, personal, or mixed property may be sold upon any writ of execution as now or hereafter provided by law or the Rules of Civil Procedure governing the enforcement of judgments; and the undersigned and each of them hereby waive and release all relief from any appraisement, stay or exemption laws of this state now in force or hereafter to be passed. In witness whereof, the undersigned has duly executed this Note the day and year first above written. Signed, Sealed, and Delivered in presence of or Attest: ATTEST: ATTEST: LENDER RITY INSURANCE C OGN By: CG?? AE7iR BORROWER: BY•(? ` RONALD A. ELLER 30% PCW LOAN AGREEMENT DECEMBER 13, 2002 On this date, Aegis Security Insurance Company (Aegis) or assigns hereby agrees to loan to Ronald A. Weller (Weller) the sum of Seventy-Five Thousand Dollars ($75,000,00). Said loan is evidenced by a promissory note of even date. Terms of repayment are as follows: Payment of interest only until April 1, 2003 at the rate as stated on the note. 2. Beginning on after April 1, 2003, payments of accrued interest at ten percent (10%) per annum and principal in the amount of $8,333.33 shall be paid monthly. Said payments are due on or before the fifth day of each month. 3. Weller waives any notice of default and further agrees that the entire unpaid balance including accrued interest shall become due and payable in the event any payment is more than 15 days past due. 4. Upon request of Aegis, Weller agrees to execute a security agreement and financing statements securing any amount due with a mortgage or lien on assets of NTM, Inc. Weller hereby irrevocably appoints any officer of Aegis as Attorney in fact for the purpose of executing said documents. Signed Sealed and Delivered on the day and year above first written. Aegis Security Insurance Company Ronald A. Weller Individually and Majority Shareholder of NTM, Inc. By Darleen J Fritz, President ?!= TH F . i a TAF3Y 2010 MAR 10 AM 11: 22 Keefer Wood Allen & Rahal, LLP Elyse E. Rogers, Esquire Identification No. 41274 CUB`- = .i; Todd F. Truntz, Esquire - Identification No. 83302 635 N. 12`h Street, Suite 400 Lemoyne, PA 17043 MOBILE-REC, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. Its - I"laq i :r ra , RONALD A. WELLER, : Defendant : CIVIL ACTION-LAW CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES I hereby certify that the name and addresses of the parties in the matter captioned above are as follows: Plaintiff: Mobile-Rec, Inc. P.O. Box 3153 2407 Park Drive Harrisburg, PA 17107 Defendant: Ronald A. Weller 80A Greenwood Circle Wormleysburg, PA 17043-1140 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 9, 2010 BY: Todd F. Truntz, Esquire Attorney I.D. #83302 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 Keefer Wood Allen & Rahal, LLP Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 635 N. 12" Street, Suite 400 Lemoyne, PA 17043 MOBILE-REC, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 10- 17a q Oivi I Term RONALD A. WELLER, Defendant : CIVIL ACTION-LAW CONFESSION OF JUDGMENT NOTICE PURSUANT TO Pa.R.CIV.P. 236 TO: RONALD A. WELLER You are hereby notified that a money judgment in the amount of Forty One Thousand One Hundred Forty Two and 49/100 ($41,142.49) Dollars has been entered against you in the above-captioned case. Date: 3110110 onotary, I hereby certify that the name and address of the persons to receive this Notice are: Ronald A. Weller 80A Greenwood Circle Wormleysburg, PA 17043-1140 KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 8, 2009 BY: Todd F. Truntz, squire Attorney I.D. #83302 635 North 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800