The URL can be used to link to this page

Home My WebLink About11-3814John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates(Dpa.net F 0THONOTAiR ERLANO COUNTY F:NI SYLVA iA R.F. FAGER COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. GREG DILLER, Individually, and t/d/b/a DILLER REMODELING Defendants CIVIL ACTION-JUDGMENT BY CONFESSION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warranty of attorney, the original or 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 $2,221.48 Attorney's Fees 740.49 Interest 47.64 Total $3,009.61 KUNDRAT & ASSOCIA ES By '? J*' S. Kundrat, Esquire Dated: April 15, 2011 a"A C ? ??? $ aaq '. -C;= FI It .0 ?'c 0TAR'l, 4;?,is XJ ,?Q G`rjt NT , LV4N/A John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates@pa.net R.F. FAGER COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO V. GREG DILLER, Individually, and t/d/b/a DILLER REMODELING Defendants CIVIL ACTION-JUDGMENT BY CONFESSION COMPLAINT AND NOW, comes Plaintiff, R.F. Fager Company, by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1. Plaintiff, R.F. Fager Company, is a corporation authorized to do business in the state of Pennsylvania and has a place of business situate at 2058 State Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Greg Diller, is an adult individual with an address of 986 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania. 3. During all relevant times hereto, Defendant conducted business using the fictitious name Diller Remodeling. 4. Defendant signed an Installment Promissory Note on March 13, 2011, in the amount of $2,271.48, the original of which is attached hereto as Exhibit "A". 5. The judgment to be entered by confession upon the attached Installment Promissory Note is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. Judgment on the Installment Promissory Note has not been entered in this or any other jurisdiction. 7. A breakdown of the total amount due is as follows: Amount Due as per Installment Promissory Note: $ 2,221.48 Attorney's Fees (33% of $2,221.48) 740.49 Interest (18% from Date of Note) 47.64 Total Amount $ 3,009.61 WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $2,221.48 plus attorney's fees in the amount of $740.49, interest in the amount of $47.64, for a total of $3,009.61. KUNDRAT & ASSOCIATES By L J n . , S. undrat, Esquir Afforney for Plaintiff Dated: April 15, 2011 INSTALLMENT PROMISSORY NOTE $2,271.48 Dated: March 3, 2011 FOR VALUE RECEIVED, the undersigned, Greg Diller (Obligor) promises to pay to the order of R.F. Fager Co. the principal sum of Two Thousand Two Hundred Seventy-One and 48/100 Dollars ($2,271.48), without defalcation and with interest on the unpaid principal balance from the date of this Note, calculated at the rate of eighteen (18%) percent per annum, compounded monthly. Twelve (12) payments of $50.00 each shall be made in consecutive weekly installments, the first of such payment due on Friday, March 11, 2011, and on a similar day of each and every successive week thereafter with the remaining balance due no later than June 11, 2011. Payment of Costs. In addition to the principal and interest payments specified above, the undersigned shall pay to R.F. Fager Co., upon demand, all costs and expenses, including reasonable attorney's fees (33%) and legal expenses, which may be incurred by R.F. Fager Co. in the enforcement and collection of any amounts due hereunder upon default of this note. Defaults. The undersigned shall be in default hereunder upon the occurrence of any of the following events: (a) the non-payment when due or when demanded of the principal and interest then due under the Promissory Note herein; (b) if the undersigned becomes insolvent or makes an assignment for the benefit of creditors, or if any petition is filed by or against the undersigned under any provision of any law or statute alleging that the undersigned is insolvent or unable to pay debts as they mature; (c) the entry of any judgment against the undersigned or the issuing of any attachment or garnishment against any property of the undersigned or the occurrence of any change in the financial condition of the undersigned which in the reasonable judgment of R.F. Fager Co. is materially adverse; (d) the failure of the undersigned to furnish such financial and other information as may reasonably request. EXHIBIT A r ? Acceleration. Whenever the undersigned shall be in default as aforesaid, unless elects otherwise, the entire unpaid amount of such of the undersigned's liability hereunder as is not then due and payable shall become immediately due and payable without notice to or demand on the undersigned. Miscellaneous. Presentment, notice of dishonor and protest are waived. Any failure of to exercise any right hereunder shall not be construed as a waiver of the right to exercise same or any other right at any other time. All issues arising hereunder shall be governed by the laws of Pennsylvania. Confession of Judgment. The undersigned hereby authorizes and empowers, irrevocably, the Prothonotary or any Attorney of any Court of Record of the Commonwealth of Pennsylvania, to appear for it at any time and enter judgment against the undersigned in favor of any holder of this Note without notice or process against it, with or without declaration, for the amount of this note or such amount as may be unpaid thereon, together with all charges, costs, interest and attorney's fees as above provided. Furthermore, the undersigned does hereby waive and release all errors in any such proceedings and waive all rights of appeal, and pursuant to and upon such judgment do hereby authorize and consent to immediate execution upon any property, real, personal or mixed, and do hereby voluntarily condemn same, and no bill in equity or other petitions shall be filed to interfere in any manner with the operation of such judgment or execution thereupon, hereby ratifying and confirming all that said Prothonotary or Attorney may do by virtue hereof, and waiving and releasing benefit of all appraisement or inquisition of real estate, stay of execution, and all rights under the exemption laws of any State, now in force of hereafter enacted. WITNESS: OBLIGOR: By: --Z X4 Greg Diller 4- I I It 1 DISCLOSURE FOR CONFESSION OF JUDGMENT The undersigned is executing this II -?? day of J&f( h , 2011, an Installment Promissory Note for $2,271.48 plus interest at a rate of eighteen (18%) percent per annum, compounded monthly, obligating it to repay that amount. Initials: This Note is being executed by the undersigned for a commercial transaction. Initials: A representative of R.F. Fager Co., has explained to the undersigned that the Note contains wording that would permit R.F. Fager Co. to enter judgment against the undersigned at the Courthouse, whether or not said Note is in default, without prior notice to the undersigned without offering the undersigned an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means. Initials: In executing this Note, the undersigned is knowingly, understandingly and voluntarily waiving its rights to resist the entry of judgment against it at the Courthouse, and is consenting to the confession of Judgment. Initials: The undersigned certifies its annual income exceeds $10,000.00, that the blanks in the above Note and this disclosure were filled in when we initialed and signed same, and that we received a copy hereof at the time of signing. Initials: WITNESS: OBLIGOR: r By: -? eg Diller John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associatesnpa.net R.F. FAGER COMPANY Plaintiff V. GREG DILLER, Individually, and t/d/b/a DILLER REMODELING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?j Lf ?11? I : CIVIL ACTION-JUDGMENT BY CONFESSION CERTIFICATE OF RESIDENCE PA.R.C.P. 236 I, JOHN S. KUNDRAT, ESQUIRE, hereby certify that the precise address of Plaintiff is: 2058 State Road Camp Hill, PA 17011 And certify that the last known address of the within Defendant is: 986 Limekiln New Cumberland, PA 17070 Respectfully submitted, KUNDRAT & ASSOCIATES By . Kuhiff at, squire C- A ey for Plaintiff DATED: April 15, 2011 John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associatesnpa.net R.F. FAGER COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. GREG DILLER, Individually, and t/d/b/a DILLER REMODELING Defendants CIVIL ACTION-JUDGMENT BY CONFESSION AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, REACTED 1940 To: Prothonotary, Cumberland County Before me, the undersigned authority, personally appeared John S. Kundrat who being duly sworn according to law, deposes and says that Greg Diller, Defendant, is not in the Military or Naval Service, based on the following facts: Age of Defendant: unknown; Present place of employment: Diller Remodeling; Address as of the date of this Affidavit: 986 Limekiln Rd., New Cumberland, Pennsylvania. Respectfully submitted, KUNDRAT & ASSOCIATES .Jo drat rney for Plaintiff Sworn to and §Vbscribed before me this / 5 "day of advi- 2011. Notary Pu lic C M Nw1cAl.T oR pzlpw- YLv NOTARIAL SEAL MARGARET S. KUNDRAT, Notary Public City of Harrisburg, Dauphin County My Commission Expires September 9, 2014