HomeMy WebLinkAbout14-3552 I` EJ-C,TM,� C�
LAW OFFICES OF PETER J. RUSSO, P.C.
By: Peter J. Russo, Esquire ' , .1} 9 �;4 ��, 1
PA Supreme Court ID: 72897
5006 East Trindle Road Suite 203 "J' +3ERLAND C 0A T Y
Mechanicsburg, PA 17050 PE"hSYLVA NIA
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Attorneys for Plaintiff
LAW OFFICES OF PETER J. : IN THE COURT OF COMMON PLEAS OF
RUSSO, P.C., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION-LAW
JASMINE MCDONALD,
Defendant NO. 2014-355ol CIVIL TERM
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Notice Under Rule 2958.1
Of Judgment and Execution Thereon
Notice of Defendant's Rights
To: Jasmine McDonald
A judgment in the amount of$750.00, plus costs of suit, 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 (3 0) days after the date
on which this notice is served on you.
DATE: �►
Prothonotary
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.
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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) 249-3166
Respectfully submitted,
LA ICES OF PETER J. RUSSO,P.C.
By:
Peter J. Russo, s
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Attorneys for Plaintiff
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AMOUNT DATE AND PLACE
$750.00 September 12 2013
Dauphin County, PA
PROMISSORY JUDGMENT NOTE
FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, Jasmine
McDonald of Harrisburg, Pennsylvania,jointly and severally (hereinafter whether singular or
plural called the "Maker") promise to pay Law Offices of Peter J. Russo, P.C. at 5006 East
Trindle Road, Suite 203, Mechanicsburg, PA 17050 (hereinafter called the "Holder") the
principal sum of Seven Hundred Fifty and 00/100 ($750.00) Dollars lawful money of the
United States of America as well as any additional accrued sum due and outstanding as a result
of further legal services rendered by Holder from the date of this Note forward. An initial
payment of Two Hundred Fifty and 00/100 ($250.00) Dollars shall be made on the twentieth
(20th) day of September, and the remaining sum shall be paid within sixty (60) days until the
principal sum and any additional accrued sum due and outstanding, is paid in full(hereinafter
full amount). The first payment must be made on or before September 20, 2013. The full
amount due hereunder shall be due and payable on demand by Holder, and, in no event be later
than November 19, 2013. Holder agrees to forgo adding interest to Maker's outstanding
balance if Maker fulfills her obligation to make payment in full by November 19, 2013. If
Maker fails to satisfy the outstanding balance in full by November 19, 2013, Holder has the
right to add any and all interest due from November 19, 2013,to the present.
Maker does hereby empower the Prothonotary, clerk of court, or any attorney of any
court of record in the Commonwealth of Pennsylvania, at any time before or after maturity
whether or not any default has occurred, to appear for it and, with or without declaration filed,
confess judgment against it for the above sum with costs of suit, release of errors, and with out
stay of execution, and with (6%) percent added as part of the judgment for attorney's fees for
collection. Maker fully understands and agrees to the attached Explanation of Rights which is
incorporated herein by reference.
THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER
WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT UPON THE
CREDIT HISTORY OF THE MAKER.
The failure of Holder to declare this Note due and payable ori the Maturity Date shall
not constitute a waiver of any of Holder's remedies, and the same shall be available to Holder
until such time as this Note is satisfied.
The words "Holder" and "Maker" whenever occurring herein shall be deemed and
construed to include the respective heirs, successors and assigns of Holder and Maker, and the
term "Maker" shall be deemed and construed to include the singular, as well as the plural, and
the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed
according to and governed by the laws of the Commonwealth of Pennsylvania.
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EXPLANATION OF RIGHTS
A. I clearly and specifically understand that by signing the foregoing=Promissory
Judgment Note dated even date herewith in the principal sum of Seven Hundred
Fifty and 00/100 ($750.00) Dollars (the "Note") payable to Law Offices of Peter J.
Russo, P.C. (hereinafter"Holder")which contains a confession of judgment clause:
1. I will authorize the Holder to enter a judgment against me in Holder's favor,
which will give the Holder 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. 1 will agree that the Holder can enter this judgment without any proof of
nonpayment or other default on my part.
4. I will subject all of my property, both personal property and real estate, to
execution (and sheriff sale) pursuant to this judgment prior to proof of
nonpayment or other default on my part.
5. I will be unable to challenge this judgment, should the Holder 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.
6. 1 know and understand that it is the confession of judgment clause in the
Note.
B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF
JUDGMENT CLAUSE, 1 UNDERSTAND I WOULD HAVE THE FOLLOWING:
I. The right to have notice and an opportunity to be heard prior to judgment.
2. The right to have the burden of proving default rests upon the Holder before
my property can be exposed to execution.
3. The right to avoid the additional expense of attorneys' fees and costs
incident to the opening or striking off a confessed judgment.
C. I fully and completely understand these rights, which I have received prior to
signing the Note and am clearly aware that these rights will be given up, waived,
relinquished and abandoned if I sign the Note. Nevertheless, I 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 immediately above.
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D. I hereby certify that I, a signatory to the Note, which has a confession of judgment
clause,have earnings of$10,000.00 or more per year.
I HAVE READ THIS ENTIRE FORM AND
FULLY UNDERSTAND ITS CONTENTS
Jasmine McDonald
Witness for lasmine McDonald Jasmine McDonald
Date: QC I l0 I'J Date: 3