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Home My WebLink About11-0921Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 denni sshatto&hotmail. cam CUMBERLAND SERVICES, INC., Plaintiff vs. NOGOA, INC., Defendant -OFFICE OF THELPROTHOl OTAR", 2011 JAN 27 Ply 3: Obi CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. JUDGMENT BY CONFESSION 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 defendant as follows: Principal Sum Date: I - 2 1?0'/ Pd ?a? SG ?vs -3 3 til?rC? d??cnl $234,365.70 Respectfully submitted, CLECKNER AND FEAREN By ZAi?? Dennis J. Shatto, Esquire Attorney I.D. No. 25675 Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 dennisshatto Ld)hotmail. com Attorneys for Plaintiff FILED-OFFICE O THE PI`CTH 0N TA, °y ?,I31 t JAIL 27 Pry 2: 03 CUMBERLAND %1.3IJN- y PENNSYLVAINIA CUMBERLAND SERVICES, INC., Plaintiff vs. NOGOA, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. COMPLAINT FOR CONFESSION OF JUDGMENT 1. Plaintiff is Cumberland Services, Inc., a Pennsylvania corporation, having its principal office at 3 South 40th Street, Camp Hill, Pennsylvania, 17011. 2. Defendant is NOGOA, Inc., a Pennsylvania corporation with its registered office at c/o Corporation Service Company, 2704 Commerce Drive, Harrisburg, Pennsylvania, 17110. 3. A true and correct copy of a Promissory Note containing a confession of judgment clause, showing Defendant's signature, is attached hereto, made a part hereof, and labeled "Exhibit A." 4. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. The Promissory Note has not been assigned. 6. Judgment has not been entered on the Promissory Note in any jurisdiction. 7. Under the Promissory Note, judgment by confession may be entered whether or not there has been a default or occurrence of a condition precedent. 8. The amount due on the Promissory Note is $234,365.70. 9. Plaintiff demands judgment in its favor as authorized by the warrant contained within the Promissory Note. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $234,365.70, together with interest, costs of suit and reasonable counsel fees. Respectfully submitted, CLECKNER AND FEAREN By. Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 717-238-1731 Dated: / -? 7' l/ Attorneys for Plaintiff -2- PROMISSORY NOTE Dated: ?a/k. / Y/ Ly / / FOR VALUE RECEIVED, NOGOA, Inc., a Pennsylvania corporation (hereinafter referred to as the "Borrower") promises to pay to the order of CUMBERLAND SERVICES, INC., a Pennsylvania corporation, its successors and assigns (the "Lender"), at 3 South 40`h Street, Camp Hill, Pennsylvania, 17011, or at such other place as the Lender hereof may designate in writing, the principal sum of Two Hundred Thirty-Four Thousand Three Hundred Sixty-Five and 70/100 Dollars ($234,365.70) lawful money of the United States of America until the principal sum has been repaid. Principal and accrued interest at the rate of 10% per annum shall be payable on demand. Borrower authorizes and empowers irrevocably, the Prothonotary, Clerk of Court or any Attorney of any court of record to appear for the Borrower in such court, in term, or vacation, at any time and confess judgment, jointly and severally, in favor of Lender with or without the filing of an averment or declaration of default, for such amount as may appear to be unpaid, all interest due thereon and all reasonable costs incurred in connection with the collection of such amount, including reasonable attorneys' fees, and the Borrower waives and releases any and all errors which may intervene in any such proceedings and waives all right of appeal and consents to immediate execution upon such judgment. The Borrower shall not cause any bill in equity to be filed to interfere in any manner with the operation of such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof. The authority hereinabove granted shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as any default shall occur hereunder. Confession of judgment may be made by filing a copy hereof in lieu of the original thereof. The Borrower acknowledges that Borrower understands the meaning and effect of the confession contained in the foregoing paragraph. Specifically, the Borrower understands among other things that (1) Borrower is relinquishing the right to have notice except as provided herein, an opportunity to be heard and the right to have the burden of proof of default rest on Lender prior to the entry of judgment, (2) the entry of judgment may result in a lien on Borrower's property, (3) Borrower will bear the burden and expense of attacking the judgment and challenging execution on the lien and sale of the property covered thereby, and (4) enough of Borrower's property may be taken to pay the principal amount, interest, costs and attorney's fees. The remedies of Lender as provided in this Note and the warrants contained therein shall be cumulative and concurrent, and may be pursued singly, successively or together at the sole discretion of Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. Borrower hereby waives and releases all rights and notice of presentment, demand, honor, protest and all errors, defects and imperfections in any proceedings instituted by Lender under the terms of this Note, as well as all benefits that might accrue to Borrower by virtue of any present or ?4 ~ future laws exempting the mortgaged property, or any other property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from. civil process, or extension of time for payment; and Borrower agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon, may be sold upon any such writ in whole or in part in any order desired by Lender. Borrower agrees that its liability shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Lender. Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Lender and then only to the extent specifically set forth in writing. A waiver on one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. This instrument shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, and words "Lender" and "Borrower" shall be deemed to include the respective heirs, personal representatives, successors, and assigns of Lender and Borrower. IN WITNESS WHEREOF, the undersigned has executed and sealed this Note the day and year first above written. BORROWER: NC By VERIFICATION I, JOHN W. LANE, an officer of Cumberland Services, Inc., hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: tR , Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 dennisshatto(-)hotmail. com Attorneys for Plaintiff PILED-OFFICE 0F THE PROTHop?,O I'A f b°' 2011 JAN 27 PM 3* 08 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND SERVICES, INC., Plaintiff vs. NOGOA, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. f a?I 4 /1 CERTIFICATION OF ADDRESSES The undersigned, counsel for Plaintiff, hereby certifies that to the best of his knowledge, information and belief, the last known address of Plaintiff, Cumberland Services, Inc., is 3 South 40`h Street, Camp Hill, Pennsylvania, 17011, and the last known address of Defendant, NOGOA, Inc., is c/o Corporation Service Company, 2704 Commerce Drive, Harrisburg, Pennsylvania, 17110. Respectfully submitted, Dated: f ?2??1 I CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 Attorneys for Plaintiff QUID SEWICES, M., - Plaintiff VS. . NIOC?, INC. , . Defendant IN THE COURT OF COMMON PLEAS OF COMMAND MUM, PENNSYLVANICA NO. /f, qdl 661 CIVIL ACTION - IAW To NOGDA, INC. Defendant(s) You are hereby notified that on Jd(yJua'AJ 7& 2011 , judgment by confe Sion was entered against you in the sum of $ 234,365.70 in the above captioned case. DATE: ^I It 1 )0)'. - A r% IV^ Prothonota y L?ov a &?-Zw YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT O CE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR-TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence: c/o Corporation Service Company 2704 Commerce Dr. Harrisburg, PA 17110 61 /'? Attorney for Plaintiff(s) MGM, im. A Defendant(s) Por este media sea avisado que en el dia de de 2011 un fallo por admision fue registrado contra usted por la cantidad de $-234,365_7p del caso antes escrito. Fecha: el dia de de Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESTRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de residencia: c/o Corporation service ctupany 2704 Commerce Dr. Harrisburg, PA 17110 Aboga v(a de De.mandante(s)