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Home My WebLink About10-3336Tr t- ARY 2010 NY 18 Ph 3: 41 AMOUNT $3,512.07 Cllr: -. ,( A 111TY PROMISSORY JUDGMENT NOTE /0-2.334. DATE AND PLACE December q 2009 Cumberland County, PA FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, Dustin and Sara Thoeny of Camp Hill, Pennsylvania, jointly and severally (hereinafter whether singular or plural called the "Maker") promise to pay Law Offices of Peter J. Russo, P.C. at 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 (hereinafter called the "Holder") the principal sum of Three Thousand Five Hundred Twelve Dollars and Seven Cents ($3,512.07) lawful money of the United States of America. Monthly payments of Fifty Dollars No/100 ($50.00) shall be made on the first day of every month until the principal sum is paid. In any event, no later than January 1, 2011 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 attorney 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 declaration 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%) 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 declare 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 singular, 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. ?2 ?, sd ?e Glc--d 34. ss k6ft e-E- en-ta t li?( 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 Three Thousand Five Hundred Twelve Dollars and Seven Cents ($3,512.07) (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 entry of this judgment on the records of the court. 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. 0 0 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. I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS nla?. "a a Witness for Dustin Thoeny Date: 12.1 ?8I 09 Witness for Sara Thoeny Date: 12 I q) 09 Dustin Thoeny Date: 1 Z " 6 - 0 ? Sara Thoeny Date: 12-1 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DUSTIN THOENY AND SARA THOENY, Defendants NO. 2010- CIVIL TERM CERTIFICATE OF RESIDENCE I, Elizabeth J. Saylor, hereby certify that the last known mailing address of the Defendants is indicated below: Dustin and Sara Thoeny PO Box 14 Camp Hill, PA 17011 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. Say r, Esquire Date: ? ' /? 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 MIFFLIN COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW KATHLEEN SHEEHE, NO. 2010- CIVIL TERM Defendants 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. LAW O :FICES OF TER J. RUSSO, P.C. Attorneys fog Plaintiffs Peter J. Russo, Esquire I D # 72897 Elizabeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 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 CIVIL ACTION - LAW V. DUSTIN THOENY AND N0.2010- .333 CIVIL TERM SARA THOENY Defendants Notice Under Rule 2958.1 Of Judgment and Execution Thereon Notice of Defendant's Rights To: Dustin and Sara Thoeny A judgment in the amount of $3,512.07 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: onotary 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. 0 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 LAW OFFICES OF PETER J. RUSSO, P.C. Attorney or PI intiffs Peter J. Russo, Esquire ID #72897 Elizabeth J. Saylor, Esquire ID #200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 0 • LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire [U;li F 21 PA Supreme Court ID: 72897 3: Paul D. Edger, Esquire i'+L H�d D PA Supreme Court ID: 312713 P Fd5 YL A NJ4' T`f 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff LAW OFFICES OF IN THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW v. • DUSTIN THOENY AND NO. 2010-3336 CIVIL TERM SARA THOENY, Defendants PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the above-captioned matter as paid in full and satisfied. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. ' BY: Peter . •uss•, __ PA Supreme Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Plaintiff Date: ,210a laa l y LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire PA Supreme Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff LAW OFFICES OF IN THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW v. DUSTIN THOENY AND NO. 2010-3336 CIVIL TERM SARA THOENY, Defendants CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: US Regular Mail and addressed as follows: Mr. Dustin Thoeny 815 Appletree Lane Mechanicsburg, PA 17050-2233 Mrs. Sara Thoeny 815 Appletree Lane Mechanicsburg, PA 17050-2233 IkLAW OFFICES OF PETER J. RUSSO, P.C. By: A D- . Stroup e ' : _al Date: didob-big