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Home My WebLink About11-0312. < Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 WILLARD AGRI-SERVICE, INC. Plaintiff VS. RYAN A. HAINES Defendant FILED-OFFICE OF THE PROTHONOTARY 2011 : 12 Cll k '-Jlr' TY r, A _.. Y l r . : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW # abil- 319 CONFESSION OF JUDGMENT PURSUANT TO Pa. R.C.P. RULE 2951 (b) Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the complaint filed in this action, I appear for Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal balance $11,849.37 Interest 566.44 Attorney fees 1,862.37 Total $14,278.18 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KO FIELD AND BEN OFF, LLP I ' By - DonadL. Kornfi ld Attorney'foi Defendant Pursuant to Warrant of Attorney Contained in Complaint Filed Hereinbefore Q a1. 90 'yo a ?Q # a53 lo? s c?,ted off' (NA WILLARD AGRI-SERVICE, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : THE 9TH JUDICIAL DISTRICT, PA. VS. : CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW RYAN A. HAINES 3 l a Y; T _rk,, C_) a Defendant # aL? c o _q :=-n COMPLAINT -urn -urn zQ NOW COMES Plaintiff and states: C) xC) c.>.; O rn 1. Plaintiff is Willard Agri-Service, Inc., a Pennsylvania business corpora€ion- itlt, < r10 -e offices located at 5325 Third Street, Marion, Franklin County, Pennsylvania. 2. Defendant is Ryan A. Haines, a sui juris adult, living and residing at 13052 Mongul Hill Road, Shippensburg, Cumberland County, Pennsylvania 3. Attached hereto and made a part hereof is a true and correct reproduction of the original Note, executed by Defendant, containing a warrant of attorney. 4. The instant judgment is not being entered by confession against a natural person in connection with a consumer transaction. 5. The note has not been assigned. 6. No judgment has been entered upon the note in any jurisdiction. 7. Defendant is in default under the instrument giving rise to this claim for relief and the right of Plaintiff to confess judgment against Defendant in that default occurred on December 7, 2010, by failure to make required payments. 8. As a result of the default alleged in paragraph 7 hereof, the amounts due Plaintiff from Defendant are as follows: Principal balance $11,849.37 Interest 566.44 Attorney fees 1,862.37 Total $14,278.18 9. The Warrant of Attorney appearing in the attached note is less than 20 years old. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $14,278.18 together with interest from December 26, 2010 at the rate of $3.95 per diem, court costs and such other damages as may be available at law. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WILLARD AGRI-SERVICE, INC. By o? NOTE $12,107.23 DATED: February 19, 2010 Marion, Pennsylvania DUE: June 15, 2012 ON DEMAND, FOR VALUE RECEIVED, the undersigned, jointly and severally, promise to pay to the order of WILLARD AGRI-SERVICE, INC. the sum of Twelve thousa W out hundred seven and 23/100 DOLLARS with interest from date at the rate of 12% per annum. Until demand is made for payment in full of all principal and interest then accrued but unpaid, monthly payments of $500.00 in accordance with the attached schedule shall be due and payable monthly at P.O. Box 321, 5325 3'a Street, Marion, PA 17235. In the event that any payment due on this note is not made when due, the Undersigned hereby authorizes any attorney designated by the holder of this note to appear for the Undersigned in any court of record in the State of Pennsylvania or elsewhere and confess judgment against the Undersigned in favor of the holder of this note for the amount then due on this note together with court costs and attorney fee of 15% of the amount then due on this date. The makers, endorsers and guarantors of this note, jointly and severally, release all errors and waive presentment, demand, protest, and notices of protest, dishonor, non-payment, and extension of time. Failure or delay of the holder to enforce any provisions of this note shall not be deemed a waiver of any such provision, nor shall the holder be estoppel from enforcing any such provision at a latex time. The Undersigned hereby acknowledges that the loan evidenced by this note is a "Commercial Load" and/or "Business Loan" within the meaning Code of Pennsylvania and Regulation Z and other applicable federal statutes and regulations. This shall be construed under the laws of the State of Pennsylvania. ?'''"' SEAL Ryan A. Haines Name: Ryan A. Haines Acct #: 01366000 Address: 13052 MonSW Hill Road Shtwomb-mm PA 17257 Donald L. Kornfield, Esq. Kornfield and Senchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 WILLARD AGRI-SERVICE, INC. Plaintiff VS. RYAN A. HAINES Defendant : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW . #ablI- 3ia Ovti I Te-v"4 NOTICE OF FILING CONFESSION OF JUDGMENT TO: Ryan A. Haines (x) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $14,278.18 on the _J'3 day of , 2011. (x) A copy of all documents filed with the Prothonotary in support of this matter are enclosed. If you have any questions regarding this Notice, please contact the filing parry: Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 NOTICE MAILED: Prothonotary