HomeMy WebLinkAbout14-0003 A-1 -2 Am11
PEN?4SYLVAIIIA
ALEX R. SZELES, INC., ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs. )
CIVIL ACTION - LAW
SIMON ELLBERGER and YIDIZ )
ELLBERGER, Husband and Wife, ) NO,?Ol q - 0003
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original and a copy of
which is attached to the Complaint filed in this action, I appear for the Defendants and confess
judgment in the favor of the Plaintiff and against the Defendants as follows:
Principal $20
Interest $11,089.42
Attorney's Commission (6 %) _ $1.212.54
Total $32
Samuel L. Andes
Supreme Court ID # 17225
525 North 12' Street
P.O. BOX 168 p
Lemoyne, PA 17043'
(717) 761 -5361 C# of 73 S
e.
t tP i H0
I�t A Ail I I: p$.�
CU1M6E R LAi40 CC!i11 T Y
PELNNS�LVANIA
ALEX R. SZELES, INC., ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs. )
CIVIL ACTION - LAW
SIMON ELLBERGER and YIDIZ )
ELLBERGER, Husband and Wife, ) NO. 0003
Defendants
COMPLAINT FOR CONFESSION OF JUDGMENT
AND NOW comes the above -named Plaintiff by its attorney Samuel L. Andes, and
makes the following Complaint for the confession of judgment against the Defendants, based
upon the following:
1. The Plaintiff is Alex R. Szeles, Inc., a Pennsylvania corporation with offices at 945
East Park Drive, Suite 101, Harrisburg, Dauphin County, Pennsylvania 17111.
2. The Defendants are Simon Ellberger and Yidiz Ellberger, husband and wife, who
reside at 8 Briarwood Court, Camp Hill, Hampden township, Cumberland County, Pennsylvania
17011.
3. Attached hereto, and marked as EXHIBIT A, is a Judgment Promissory Note given
by the Defendants to Plaintiff in the original principal amount of $20,209.03, and bearing
interest at the rate of 18% per annum. The copy attached is a true and correct reproduction of
the original.
4. The Promissory Note attached hereto and marked as EXHIBIT A has not been
assigned by Plaintiff.
5. Judgment is not being entered in this matter by confession against a natural person in
connection with a consumer credit transaction.
6. Judgment has not been entered on the Judgment Promissory Note attached hereto and
marked as EXHIBIT A in this or any other jurisdiction.
7. By the terms of the said Note, judgment may be entered without any act of default on
behalf of the Defendants.
8. The amount now due under the Promissory Note, is as follows:
Principal $20,209.03
Interest $11,089.42
Attorney's Commission (6 %) $1,212.54
Total $32,510.99
WHEREFORE, Plaintiff demands that judgment be entered against the Defendants in
the amount of $32,510.99, together with costs and interest at the rate of 18% per annum, from
and after the date of entry of said judgment.
Sam L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12`' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761 -5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn
falsification to authorities).
ALEX R. SZELES, INC., by
i
Date: iz111`aQi.3
i
i
�������
JUDGMENT PROMISSORY NOTE
$20,209.03 20 Y,2_
ON DEMAND AFTER DATE, SIMON ELLBERGER and YILDIZ ELLBERGER,
the undersigned, promises to p ay to the order of ALEX R. SZELES, INC., the sum of Twenty
Thousand Two Hundred and Nine ($20,209.03) DOLLARS 03/100, without offset, for value
received, together with interest at the rate of eighteen (18 %) percentum per annum.
This Note shall be recorded against the undersigned. The undersigned shall make regular
monthly payments of Five Hundred ($500.00) Dollars, which payments will be applied first to
interest then due and any balance to principal. The payments will commence on the first day of
the month following the date of this Note and continue thereafter on the first day of each
consecutive month until the full balance, with interest, has been paid. The failure to make any
of those payments as due will be a default of this obligation and entitle the holder of the Note to
all remedies allowed by law.
AND FURTHER, the undersigned do hereby authorize and empower any attorney of any
court of record of Pennsylvania or elsewhere to appear for the undersigned and to enter
judgment against the undersigned in favor of any holder of this Note for the above sum, together
with interest then due, and together with costs of suit, release of errors, and together with an
attorney's commission of six (6 %) percent, and without stay of execution of any kind; and the
undersigned hereby waives and releases any and all benefit and relief from any and all
apprais emen t, stay or exemption laws of any state now in force or hereinafter to be passed.
SIMON ELLBERGER
8 Briarwood Court
Camp Hill, PA 17011
YIL A i Z LBERGIIR
8 Briarwood Court
Camp Hill, PA 17011
DISCLOSURE STATEMENT
The undersigned, having read this document in its entirety, and fully understanding it,
hereby states, admits, acknowledges, and certifies the following:
1. I have, this day, signed a Judgment Promissory Note in which I promise to pay to
ALEX R. SZELES, INC., the sum of Twenty Thousand Two Hundred and Nine 03/100
($26,209.03) DOLLARS.
2. The said judgment note gives the persons who hold or own the note the right to file
and enter judgment against me without any prior notice to me and without any right of formal
pleading, notice, or hearing for me before the entry of said judgment.
3. Such a judgment entered against me will automatically create alien on all real estate
owned by me at that time, whether I own it now or acquire it later.
4. Such a judgment entered against me will entitle the person who owns or holds such a
judgment to issue execution against my property which can result in the Sheriff physically
attaching or taking possession of said property and selling it at a Sheriff's sale.
5. That I w ill be comp elled and required to hire an attorney to file formal do cuments to
open or strike such a judgment if I have a valid defense to the action taken against me, and
without those documents being filed, I will not have a right to a hearing or trial on such
judgment matter.
6. That I have an income, either myself or together with any other persons who signed
the note with me, which is at least $10,000:00 per year.
Date: 11 l i d 20
SIMON ELLBERGER
8 Briarwood Court
Camp Hill, PA 17011
YILb1z
8 Briarwood Court
Camp Hill, PA 17011