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HomeMy WebLinkAbout05-1850 YORK, PA DATE: FEBRUARY 23, ~ ;U'lC 1~ JUDGMENT NOTE os- - IPSO " FOR VALUE RECEIVED, we, the undersigned, promise to pay order of JOHN H. MYERS & SON, INC. with interest at the rate of PRIME + 4 (MIN. 10%) (P+4%, 10%) percent per annum, the sum of TWO THOUSAND ONE HUNDRED NINE Y FIVE AND 00/100 (2 195.00) DOLLARS, on or before DEMAND We also agree 0 pay interest at the rate of P+4, MIN 10%* after the entry of the j dgment andlor the institution of any collection proceedings. If this ote is placed in the hands of an Attorney for collections, we agree to pay as a reasonable Attorney's fee Ten (10%) percent of the amount du and owing on this defaulted Note. In the event of default, to sec payment of this Note we will hereby authorize, irrevocably, th Prothonotary, Clerk of Court, or any Attorney of any Court of Re appear for us in such Court, at any time before of after Maturi y and confess a Judgment against us in favor of any holder of this No e without the filing of an Averment of Default, with release of e rors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, Attorney's fees, and cos s as herein provided, and we hereby waive and release any and all be efits and relief from any and all appraisement, stay, or exemption la s of any State, now in force or hereafter passed. ~JTNESS the hand(s) and seal (s) of the undersigned. Witn ss: (S L) BOOVA'S HO IMPROVEMENT & CONSTRUCTION, MARK A. BOOVA, PRESIDENT (SE L) (SE L) SHEILA M. BOOVA *MINIMUM INTEREST OF 10% *MINIMUM MONTHLY PRINCIPAL PAYMENT OF $395.00 + INTEREST. Page 1 .' . EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT AS REQUIRE BY OPINION OF SUPREME COURT OF THE UNITED STATES RE: NOTE IN FAVOR OF JOHN H. MYERS & SON, INC. AND AGAINST THE UNDERSIGNED, CONTAINING A CONFESSION OF JUDGME T. DATED: FEBRUARY 23, 2005 AMOUNT: $ 2,195.00 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 before me this ,,rr day (SE L) MARK A. BOOVA Affirmed to and subscribed (SE L) of tif\-Q. (, \." , 2005. (SEA NOTARY PUBLIC M~~e!~~ NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Cumberland County My Commission Expires April 14, 2007 Page 2 . .' . 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 underslgned, or elther ot us, tits discretion and in its favor in the event of default for non-p yment, which entry will give the holder a lien as security for payme t 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 unde signed 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 he 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 w ich 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 opportunit for a hearing which the undersigned does not have by reason of the confession.) The undersigned acknowledge receipt of a copy 0 this affidavit and certify that after reading and fully understandi g it, the undersigned have signed this affidavit intentionally, understandingly and voluntarily waiving all the above rlghts, bing willing to slgn such note desplte the consequences set forth ab ve. before me this ~r I day (SE L) Affirmed to and subscribed of M ~Q c \-... , 2005. ~~~ j' i. rn (~~ (SEA) NOTARY PUBLIC My commission expires NOTARIAL SEAL Camp Hill Bora. Cumberland County M Commission Expires April 14, 2007 Page 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V NIA CIVIL DIVISION : FileNo. O~ - If~D Ct-oL JOHN H. MYERS & SON, INC. ~ VS. BOOV A'S HOME IMPROVEMENTS & CONSTRUCTION, MARK A. BOOV A AND SHEILA M. BOOV A PLAINTIFF'S AFFIDA VITIA VERMENT CONFESSION OF JUDGMENT FOR MONEY (XX) Pursuant to Pa.R.C.P. No. 2951 (a)(2)(ii). I certify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY ( ) Pursuant to Pa.R.C.P. No. 2971 (a)(I). I certify that this judgment is not bein against a natural person in connection with a residential lease. The above certification is made subject to the penalties o. falsification to authorities. a. .S. 4904 relating to unsworn DATE: April 6, 2005 Signature: Address: 101 South Duke Street York, PA 17403 Telephone: 845-2757 Supreme Court ID No.: 38508 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CURTIS R. LONG PROTHONOTARY TELEPHONE (717) 240-6195 CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYL VANIA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF: John H. M ers & Son Inc. versus DEFENDANTS: Boova's Home Improvements & Construction. Mark A. Boova and Sheila M. Boova JUDGMENT NO. CERTIFICATE OF RESIDENCE PA R. C. P. 236 I, hereby certify that the precise residence of Plaintiff is: 2200 Monroe Street, P. O. Box 1924, York, PA 17405 and certify that the last known address of the within Defendants are: 522 Lavina Drive, Mechanicsburg, P A 17055 GEO G L. E II, ESQUIRE No. 385 Attorney for Plaintiff EVELER & EVELER, LLC 101 South Duke Street York, PA 17403 (717) 845-2757 ..co.. (:J - Gl-lt~ (') ~ ~O' <;:~ ~ ~~ - ~ ~ }J ~ ~ 6 1::- ----:t-- u ,.. r~ "' ~ r-- r-- r ~ 1"-' ~ o ~ ~ ~ fi1~. ~<ri fl' ?:J :~~q) ~ ~~,\~;,-.;, ......... --j ~t, ,__' -0 .~~~ :::;:. Z',~~ t';'? <;S (..n ~ ..p - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF : NO. 05-1850 CIVIL TERM VS. BOOV A'S HOME IMPROVEMENTS CONSTRUCTION, MARK A. BOOV A AND SHEILA M. BOOV A DEFENDANTS PRAECIPE TO REMOVE TO THE PROTHONOTARY ( ) Please mark the above captioned action settled and satisfied. (XX) Please mark the above captioned judgment or lien se tl and satisfied. GEOR L. E III, ESQUIRE NO. 38 08 EVELER & EVELER, LLC 101 SOUTH DUKE STREET YORK,PA 17403 (717) 845-2757 June 9 , 2006 n ~<: "': h ~.> c:::.\ (::;;:;.'l C'1""\ c_ ~:~ o -n -l :t: ~1"1 rl1p:: :-28 -; i ';~) j",.-.(., . ) "':"'-c. ore " :~:~rr, :::.:::\ ~ -< w 2~ -""" w