Loading...
HomeMy WebLinkAbout12-0876161 - 8% Clvi / /c r#f JUDGMENT NOTE York, PA DATE: February(, 2012 FOR VALUE RECEIVED, we, the undersigned, promise to pay to the order of John H Myers & Son USLBM LLC with interest at the rate of 18% per annum the sum of Thirty Thousand Six Hundred Thirty two and 88/100 ($30,632.88)DOLLARS, on or before August 31st, 2012. If this Note is placed in the hands of an Attorney for collection, we agree to pay as a reasonable Attorney's fee Ten (10%) percent of the amount due and owing on this Note. To secure payment of this Note we hereby authorize, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear for us in such Court, at any time before or after Maturity and confess a Judgment against us in favor of any holder of this Note without the filing of an Averment of Default, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, Attorney's fees, and costs as herein provided, and we hereby waive and release any and all benefits and relief from any and all appraisement, stay, or exemption laws of any State, now in force or hereafter passed. WITNESS the hand,(s) and seal (s) of the undersigned.,, _y Witness: ?. .? ;- r; T, 7,71 . . Z * x C8EAL) Td o`= _ 7, OZ (SEAL) (SEAL) *MINIMUM MONTHLY PRINCIPAL PAYMENT OF $5,000.00 + INTEREST DUE EACH MONTH BEGINNING FEBRUARY 29,2012 WITH BALANCE DUE BY AUGUST 31ST, 2012. *31 so Po Am M100100 C? 58(053 ?,*a?o9o9 N?;ee I?lo?.(.eo( The undersigned clearly and specifically understand that by signing the note above referred to, containing a confession of judgment clause: 1. We and each of us authorize John H. Myers & Son Inc. to enter a judgment against the undersigned, or either of us, at its discretion and in its favor without notice and without declaration of default for non-payment, which entry will give the holder a lien as security for payment upon the real property (including the home) owned by the undersigned at the time of entry, and a lien on personal property owned by the undersigned at the time it is given to the Sheriff for execution. 2. We and each of us waive all right to notice and to have an opportunity to be heard prior to the entry of the judgment on the Court records, understanding that the only method to challenge this judgment would be by proceedings in Court to open or strike it, which proceedings would result in substantial attorneys fees which the undersigned would have to pay. (Without such clause containing a Confession of Judgment the holder would have to file suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the confession.) The undersigned acknowledge receipt of a copy of this affidavit and certify that after reading and fully understanding it, the undersigned have signed this affidavit intentionally, understandingly and voluntarily waiving all the above rights, being willing to sign such note despite the consequences set forth above. Affirmed to and subsc ibed / 11 T d E. S oe before me this (?? day o f ?Q V`(l Ct P''1 e 2 012, Not Pu-bric . v My c mmission expires: doTM OFERtTIVA 1A L NOTARIAL SEAL DUSTIN R. KAUFFMAN, Notary Public Ckyy of York, Yak County n Expires ?Y, 2614 ?....,? ..................r..-...• ? --- ...,.....,... _.«. . ytr. , _ . ? ?. ,.p EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT AS REQUIRED BY OPINION OF SUPREME COURT OF THE UNITED STATES RE: NOTE IN FAVOR OF John H.MVers & Son USLBM LLC AND AGAINST THE UNDERSIGNED, CONTAINING A CONFESSION OF JUDGMENT. DATED: February(p , 2012 AMOUNT: $30,632.88 The undersigned certify that the income of the undersigned, or conjugal (husband-wife) income with both spouses executing the document, is at least $10,000.00 annually. Affirmed to and subscribed - oral r?? Toc?Y o?' before me this day ??...// of 2012. NOT Y PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DUSTIN R. KAUFFMAN, Notary Public City of York, York County gmmissan Expires July 2, 2014 Todd E .y lao and St BoilivnPA I9ool p&W Lo. M inntCH,ESL & rte?Snyder 100 80iat Ma.rIcet S-lreet Po Box 1501A York. PA 1140s-70ia 717-80-8808 - `rq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON - US LBM, LLC Plaintiff No. V. TODD E. STOEY, Defendant NOTICE OF FILING JUDGMENT Pa.R.C.P. 236 (x) Notice is given that a judgment in the above-captioned matter has been entered against you in the amount of $30,632.88, plus interest, on February Ip+ , 2012. (x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. David D. Buell Prothonotary of Cumberland County By: If you have any questions regarding this Notice, please contact the filing party: Paul W. Minnich, Esq. Barley Snyder 100 East Market Street P. O. Box 15012 York, PA 17405-7012 (717) 846-8888 (This Notice is given in accordance with Pa. R.C.P. 236.) Notice sent to: Todd E. Stoey 120 Third Street Boiling Springs, PA 17007 HL PRc1Th3 4tT ;1.3 2013 N0 V 15 PM 2: 38 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON - US LBM, LLC No. 12-876 Civil Term Plaintiff V. TODD E. STOEY, Defendant PRAECIPE TO REMOVE To the Prothonotary Please mark the above captioned judgment settled and satisfied. Pau W. ■. i Barley Snyder 100 East Market Street York,PA 17401 (717) 846-8888 Attorneys for.Plaintiff . ' CY ' .SDI 6l �ag'/7 c7q 3Dstto 1 - • CERTIFICATE OF SERVICE I hereby certify that on this date a copy of this Praecipe is being mailed to Defendant addressed as follows: Todd E. Stoey 120 Third Street Boiling Springs,PA 17007 Paul i 'c Barley Sn er 100 East Market Street York, PA 17401 (717) 846-8888 Attorneys for Plaintiff November ) / , 2013