Loading...
HomeMy WebLinkAbout13-0576 ANN L. KEELEY, Plaintiff v. WILLIAM D. KEELEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: ~ ~ ,_, x ~ ~" ~~' cn ~' c,a .~ G7 -S _.. _, ~ C7"ei : Z C:' .~ _. ,. ~ - ,-.- Please enter judgment on the attached Note in favor of Plaintiff, Ann L. Keeley, and against Defendant, William D. Keeley, in the amount of $55,000.00 plus interest and costs. Date: ~fy-rv.~n ~~L3, 2 e l 3 Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 1007 Mumma Road, Suite 101 Lemoyne, PA 17043 (717) 236-1485 3-. ~o Pao A~'I Cf ~ lloa-1 ~~ a~s99~ ~o~ee ~lr~~l ec~ • r - DEMAND JUDGMENT NOTE ,~5; c~v November 3©, 2009 .~~--- R VALUE RECEIVED, WILLIAM D. KEELEY ("Maker"), promises to pa DEMAND to ANN L. KEELEY ("Payee"), the sum of ~' ~ 'vim Thousa d~~-000) Dollars. Interest shall accrue on the unpaid balance from the date of this Note, until paid, at the rate of one (1.00%) percent per annum. Interest upon the outstanding balance shall be payable annually commencing on the first anniversary of this Note and continuing until all amounts due hereunder are paid in full. The rate of interest accruing upon the unpaid principal balance shall be adjusted annually on each anniversary date of this Note, and shall be the short term applicable federal rate in effect for the month of adjustment as published by the Internal Revenue Service pursuant to Section 7520 of the Internal Revenue Code of 1986, as amended. Maker shall have the right to pay the indebtedness evidenced hereby, in whole or in part, from time to time, without perialt~. Principal and interest are payable without relief from valuation or appraisement laws, and with attorney's fees, costs and expenses of collection, in the event that this Note is referred to an attorney for enforcement or collection. No delay on the part of the Payee or holder thereof in exercising any right hereunder shall operate as a waiver or preclude the exercise of such right at any time during the continuance of any such default. The Payee or holder hereof may, at its option, make extensions of the time for payment of the indebtedness, or any part thereof, or reduce payments thereon, and Maker consents and agrees to any such extensions or reductions, all without notice, and agrees that any such action by the holder of this Note shall not relieve it from liability hereunder. Maker hereby waives presentment for payment, notice of dishonor, protest, notice of protest, notice of nonpayment of this Note and ` ! diligence in collection thereof. The construction, interpretation and enforcement of this Note shall be governed by the laws of the Commonwealth of Pennsylvania. In the event Maker fails to make any payment when and where due, Payee or holder may declare all monies immediately due and payable, and proceed to collect the same at once. Maker hereby authorizes and empowers any Prothonotary or Clerk or any Attorney of any Court of Record, including specifically, but not limited to, any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for and to confess or enter judgment against the Maker, at any oriekor more times, upon default, for all sums due or to become due hereunder, together with five (5%) percent thereof added for attorney's collection fees, and with costs of suit, release of all errors, waiver of appeals, without stay of execution, and the undersigned waives inquisition and extension upon any levy on any real estate, hereby voluntarily condemns the same and authorizes the entry upon the writ of execution of such voluntary condemnation, and agrees that such real estate may be sold on a writ of execution, hereby waiving and releasing all relief from any and all appraisement, stay of exemption lavers now in force or hereafter enacted. This Note shall bind the Maker, his heirs, personal representatives, successors and assigns, and the benefit hereto shall inure to the Payee, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, and in the undersigned has set his hand and seal the da Witne s to be legally bound hereby, i .r STATE OF QQ~, ~ l a- /~ ~L. ss. COUNTY OF ~~'d~' On this, the3~ day of ~~ , 20p~ ,before me, a Notary Public, the undersigned officer, personally appeared WILLIAM D. KEELEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Or Notary Public M Commission Ex ires~ C~ /a~/~ ~ l l y P l NOTi1RIAL l2At NiA00N L. MEi1M NMa1- ~~Nc AAy Commiaalon Expirsa Oct 26, 2011 i~ EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing a mte dated November 30, 2009 in the amount of $55,000.00 payable to Ann L. Keeley which contains a Confession of Judgment clause: 1. I will authorize the Payee(s) to enter a judgment against me and in its favor which will give the Payee(s) 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 Payee(s) can enter this judgment without any proof of non-payment or other default on my part; 4. I will subject all of my property, both personal and real estate, to execution (and Sheriffs Sale), pursuant to this judgment, prior to proof ofnon-payment or other default on my part; 5. I will be unable to challenge this judgment, should the Payee(s) 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. B. I know and understand that it is the Confession of Judgment clause in the above- described note which gives the Payee(s) the rights enumerated in sub-paragraphs 1 through 5 of paragraph A above. IF I DO NOT SIGN A NOTE WHICH CO 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 rest upon the Payee(s) before my properly can be exposed to execution; 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off a confessed judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described note; and clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the note, I nevertheless 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 in paragraph A above. I HAVE READ THIS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS 512 Partridge Circle Mechanicsburg, PA 1 055 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) On this, the _~~~~~ Ylay of , 20~, before me, a Notary Public, the undersigned officer, personally appeared WILLIAM D, EELEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWERLTN OF PENNSYLVANIA ~-Notarial Seal Andrea i_. Wingard, Notary Public Hampden Twp., Cumberland County My Commission Expires May 11, 2014 fNember, PenrsyPrania Association of Notaries otary My Commission Expires: t,/ saUeloN;o uo!ie~ossy eluenlnsuuad 'aagw __ bTOZ eW sa~ldx3 u >~~ AW A~uno~ pu •dnnl uapdweN /~, oq aoN e6ulM 'l ea~puy 1 Old S n IeaS le. MMdAI~lSNN3d ~0 Hll OWWOJ ~i a~~- WITNESS: ANN L. KEELEY, Plaintiff v. WILLIAM D. KEELEY, Defendant To: William D. Keeley, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ 3 ` S 7 ~ Ca.~ I `f ~.. ~~'at. CIVIL ACTION -LAW You are hereby notified that on ~ Q!(1 3 ~ , 2013, the following judgment has been entered against you in the above-captioned case: Ann L. Keeley v. William D. Keeley the unt 5,000.00 pl terest and costs of suit. DATE: .,~ Pro onotary I hereby certify that the name and address of the proper person(s) to receive this notice is: William D. Keeley 512 Partridge Circle Mechanicsburg, PA 17055 A: William D. Keeley, Defendido/a Por este medio se le esta notificando que el de de12013, /la siguiente fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direction es la del defendido/a segun indicada en el certificado de residencia: William D. Keeley 512 Partridge Circle Mechanicsburg, PA 17055 Abogado del Demandante DCBA-400-Rule 236(a)(2)-8/1/89