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HomeMy WebLinkAbout13-4230 0 #: I J � is fF�_t � ' - 1 LAW OFFICE OF ANDREW H. SHAW, P. C. ' `� ` "''' Andrew H. Shaw, Esquire 20B JAIL 22 At-11 I.D. No: 87371 ���� �r�Lfar�~!D �= �J�d�" 200 S. Spring Garden St., Suite 11 1S�dP P ENNSYLVA NIA Carlisle, PA 17013 (717) 243 -7135 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE FEDERAL NO. CREDIT UNION 3 - gp-3D Plaintiff V. CONFESSION OF JUDGMENT FOR MONEY DANIEL F. PARSON, JR., Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant(s) and confess judgment in favor of the plaintiff and against defendant(s) as follows: Unpaid balance of instrument $111,369.18 Interest and fees from September 1, 2012 $ 7,437.94 Attorney's collection fee $ 3,000.00 Total: $121,807.12 Respectfully submitted, Date: � `� ��" �� By:- -. Andrew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 717 - 243 -7135 Attorney for Plaintiff 993gb/ LAW OFFICE OFANDREW H. SIIAW, P.C. Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243 -7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE FEDERAL NO. CREDIT UNION Plaintiff . V. CONFESSION OF JUDGMENT FOR MONEY DANIEL F. PARSON, JR., Defendant . COMPLAINT Plaintiff files this complaint pursuant to Pa. R.C.P. 2951(a) for judgment by confession and avers the following: 1. Plaintiff is a licensed Federal credit union with its principle office at 5 East Gate Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Daniel F. Parson, Jr., is an adult individual who resides at 58 Old Town Road, Gardners, Cumberland County, Pennsylvania. 3. Attached as Exhibit A is a true and correct copy of the original instrument authorizing confession duly executed by Daniel F. Parson, Jr. 4. The attached instrument, Exhibit A, has not been assigned. 5. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 6. Default was made by the defendant in the non - payment of the installment of $810.63, due on October 1, 2012, and in the payment of all subsequent installments, whereby under the instrument the entire sum is in default and immediately payable. 7. Consequently, the defendant is liable to plaintiff as follows: Unpaid balance of instrument $111,369.18 Interest and fees from September 1, 2012 $ 7,437.94 Attorney's collection fee $ 3,000.00 Total: $121,807.12 WHEREFORE, Plaintiff demands judgment in the sum of $121,807.12 as authorized by the warrant of attorney appearing in the attached instrument. Respectfully submitted, Date: Z— �d''` �� B Andrew H. haw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717- 243 -7135 Attorney for Plaintiff BORROWER NAME AND ADDRESS LENDER NAME AND ADDRESS LOAN DESCRIPTION Daniel F. Parson, Jr. Cornerstone Federal Credit Union 58 Old Town Road P.O. Box 1181 Gardners, PA 17324 5 East ate Drive Number 10286 -21 Carlisle, PA 17013 Amount$ 120,000.00 Date _ May 4, 2009 ❑ Refer to the attached Signature Addendum, incorporated herein, for additional Borrowers and their signatures. COMMERCIAL PROMISSORY NOTE DATE. The date of this Promissory Note (Note) is MaV 4 . 2009 GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement between Lender and Borrower dated May 4, 2009 as modified, amended, or supplemented. All definitions of terms in the Commercial Loan Agreement apply to this Note as well. Upon execution of this Note, Bormwe: represents that Borrower has reviewed and is in compliance with all Loan Documents and the Commercial Loan Agreement. PROMISE TO PAY. For value received, Borrower promises to pay Lender or Lender's order, at Lender's address, ® $ 1 , 000 .00 ❑ $ (Principal). (Principal) or the Borrowing Base, whichever is less. ® Single Advance. Borrower will receive all of this Principal in one advance. No additional advances are contemplated under this Note. ❑ Multiple Advances. The Principal amount stated above is the maximum amount of Principal that Borrower may borrow under this Note. On Borrower will receive $ and future advances are contemplated. The conditions for future advances are stated in the Commercial Loan Agreement. INTEREST. Borrower agrees to pay interest on the outstanding Principal balance of this Note at the rate of 6 . 50 percent per year until 4, 2014 ❑ Variable Rate. ❑ Post Maturity/Default Interest. Borrower agrees to pay interest on the unpaid balance of this Note owing after MATURITY/DEMAND. This Note is maturing on May 4 2014 PAYMENT. Borrower agrees to pay this Note as follows: I agree to pay this note on demand, but if no demand is made I agree to pay this note in : 60 This is amortized over 300 $810 ayments. note payments. I will make 59 payments of 68 beginning June 4, 2009 and on the 4th day of each month thereafter. A single balloon payment of the entire unpaid balance of IfUlK principal and interest will be due on May 4, 2014 All payments must be made in United States dollars. Each payment Borrower makes on this Note will be applied first to any charges Borrower owes other than Principal and interest, then to interest that is due, and finally to Principal that is due. If Lender and Borrower agree to a different application of payments, that application will be described on this Note. The actual amount of Borrower's final payment will depend upon Borrower's payment record. USE OF PROCEEDS: Consolidation of renovation expenses WAIVERS AND CONSENT. Borrower waives protest, presentment for payment, demand and notices of acceleration, intent to accelerate, and dishonor (if allowed by law). ❑ ADDITIONAL TERMS. © WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to Lender, by signing below Borrower irrevocably authorizes the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against Borrower at any time without stay of execution. Borrower waives notice, service of process, and process. Borrower agrees and understands that judgment may be confessed against Borrower for any unpaid principal, accrued interest, and accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the power to confess judgment will not exhaust this warrant of authority to confess judgment and may be done as often as Lender elects. Borrower further understands that Borrower's property may be seized without prior notice to satisfy the debt owed. Borrower knowingly, intentionally, and voluntarily waives any and all constitutional rights Borrower has to pre - deprivation notice and hearing under federal and state laws and fully understand consequences of this waiver. By signing im diatel below ree to the terms of the CONFESSION OF JUDGMENT section. Signature D e . Parson, Jr. Signature SIGNATURES. By signing below, Borrower agrees to the terms contained in this Note. Borrower also acknowledges receipt of a copy of this Note. BORROWER: Entity Name Entity Name 05__6 Signature Dan1 �,. Date Signature Date Signature Date Signature Date LENDER: Cornerstone Federal Credit Union Entity Name Signature Roxane L. Kain Da(e JSignatu EXHIBIT Date COMMERCIAL PROMISSORY NOTE -PA MM- NOTE -PA 3119120 07 VMP® Bankers Systems^" MP C50A(PA) (0703).00 Wolters Kluwer Fnancial Services ®2001, 2007 To Reorder Fonn: 1 - a Page 1 of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4 CORNERSTONE FEDERAL NO. CREDIT UNION � ' C Plaintiff V. CONFESSION OF JUDGMENT FOR MONEY DANIEL F. PARSON, JR., Defendant NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Daniel F. Parson, Jr. A judgment in the amount of $121,807.12 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after Thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243 -3166 Date: 7— ��" 6 .3 By: 14 Andrew 14. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 717- 243 -7135 Attorney for Plaintiff