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Home My WebLink About14-6092 RYAN VARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW BOOZ MILK TRANSPORT INC.: v'cA No: jq— Defendant CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in Paragraph 7 of the Promissory Note dated October 31, 2012, a copy of which is attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of the Plaintiff and against Defendant, Booz Milk Transport, Inc. as follows: Unpaid Principal through October 15, 2014 $30,305.00 Filing fee & Satisfaction fee $67.50 Reasonable Attorney's fees $3,500.00 TOTAL $33,872.502 -v cu a With interest from October 15, 2014, on the sum of$30,305.00 at the rate of 4.5%1)6rn C-1 ykar--+ - c!"- which computes to a current per diem of$3.79. cn C) C:) CD Respectfully Submitted,D.z, cryo Date: Thomas P. Gleason, Esquire Attorney ID No. 82259 49 West Orange Street Shippensburg, PA 17257 �L CO-1701 RYAN VARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW BOOZ MILK TRANSPORT,INC.: No: /v�L er Q Defendant CONFESSION OF JUDGMENT COMPLAINT CIVIL ACTION—COMPLAINT IN CONFESSION OF JUDGMENT AND NOW comes, Ryan Varner, by his attorney, Thomas P. Gleason, Esquire, and files this Complaint in Confession of Judgment as follows: 1. Plaintiff, Ryan Varner, is an adult individual residing at 16838 Mill Road, Spring Run, Pennsylvania 17262. 2. The Defendant, Booz Milk Transport, Inc., is a Pennsylvania Corporation with a principal place of business located at 199 Booz Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On or about October 31, 2012, Defendant Booz Milk Transport, Inc. executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of$33,305.00, which authorized a Confession of Judgment against Booz Milk Transport, Inc. A true and correct copy of said $33,305.00 Promissory Note ("Note") with Confession of Judgment is attached hereto as Exhibit"A". 4. The Note has not been released, transferred or assigned by either Party. 5. The Note authorized the entry of judgment after Defendant's default. 6. Defendant is in default under the Note for failure to pay installments of principal when due. 7. Judgment is not being entered by confession against a natural person in connection with a consumer transaction. 8. An itemization of the amount due under the Note, including costs and reasonable attorneys' fees is as follows: Unpaid Principal through October 15, 2014 $30,305.00 Filing fee & Satisfaction fee $67.50 Reasonable Attorney's fees $3,500.00 TOTAL $33,872.50 With interest from October 15, 2014, on the sum of$30,305.00 at the rate of 4.5%per year which computes to a current per diem of$3.79. WHEREFORE,the Plaintiff, as authorized by the Confession of Judgment warrant contained in the October 31, 2012, Promissory Note, demands judgment against the Defendant, Booz Milk Transport, Inc. in the total sum of$30,305.00 with interest from October 15, 2014 at the rate of 4.5%per year, which computes to a per diem of$3.79. Respectfully Submitted, On Date: �` �`�, 20 t 4 1 00 Thomas P. Gleason, Esquire Attorney ID No. 82259 49 West Orange Street Shippensburg, PA 17257 EXHIBIT "A" PROMISSORY NOT Principal Amount:533,3{. 00 Date., day of(NI-AE?mss 2012 Executed by: Booz bilk Transport,Inc. 199 Booz Road' Shippensburg,PA 17257 1. Promise to Pay. For value received,Booz lvlilk"Transport,Inc.(Debtor) promises to pay to the order of Ryan.Varner(Creditor),the sum of Thirty Three Thousand Three Hundred Five Dollars and aero Cents($33,305.00)as the unpaid. balance for fuel supplied by Creditor. 2. Lamp Sum &Instailmenta. Debtor will pay the principal debt beginning on November 19,2012,as follows: a. Debtor shall.make six(6)consecutive monthly payments of$500.00 beginning on the 19"i day of November,2012. Beginning on:May 19, 2013,Debtor payments shall increase to$1,000.00 per month for thin (30)consecutive months�Nith payments occurring on or before the 19 of each months Finally,Debtor.shall mare one final payment of$305.00 in the 3-16 month at which time the principal shall.be paid in full. The final payment shall occur on or before.November 1.9,2015 at%rich time said debt shall be paid in full. b. In addition to the payment schedule laid out in paragraph 2.a. above,. Debtor agrees to pay Creditor a lump sum of$8,000.00 upon the sale of its trailer number 2107. Payment of this.$8,000.00 would lessen the above- referenced$1,000.00 payments to 22 consecutive months(rather than 30 months)and the finial payoff would be on or before March 1.9,2015. 3. Prepayment. Borrower may repay The principal in full at any time without penalty- #. Acceleration. If Debtor is more than.ten(10)days late in making any its required payments,Creditor may declare that the entire balance of unpaid principal is due immediately. 5. Collection Costs. If Creditor prevails in a lawsuit to collect on this mote,Debtor will pair Creditor's costs and.attorney's fees in an amount the court finds to be reasonable. 6. Pennsylvania Law. This note is to be construed and enforced according to the laws of the CommonAvalth ofPennsylvania.. 7. Confession of Jadgn ent. If a payment due under the terms of this Note remains unpaid for ten(It?)days past its due date,and after ten(14)days written notice from.Creditor,Debtor hereby empowers,constitutes and appoints Thomas F. Gleason,Esquire or any successor attorney to appear on its behalf Nvith full pourer and authority hereby given him to appear and present this Note before the Court of Common Pleas of Cumberland County Pennsylvania at any time after default on any of the monthly installments hereof and to waive the issuance and service of process and to confess judgment against it in favor of the Creditor in the amount of money then due under this Note plus costs and reasonable attorney's fees. The undersigned agrees to remain fully bound until this note shall be fully paid and waive demand,presentment and protest and all notices hereto, and further agree to remain bound notwithstanding any extension,modification,waiver,discharge or release of any obligor hereunder. No extension,modification,waiver,discharge, release,or change of the terms of this note shall be binding unless in writing and signed by all parties to the note. This note sha H take effect ars at sealed instrument and shall be construed,governed and enforced in accordance with the laws of the State of Pennsylvania. Intending to be legally bound hereby,the Debtor has caused this Note to be duly executed,this —'A day of_ - ,2012. 1 OOZ MILK TRANSPORT,]INC. 5i By: 'resident of Booz Milk Tr rt,Inc. � � t RYAN VARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW BOOZ MILK TRANSPORT,INC.: No: q Defendant CONFESSION OF JUDGMENT VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. § 4904,relating to unsworn falsification to authorities. Date: 10—1 cl - Zo t-1 (!cam RYAN VARNER RYAN VARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW BOOZ MILK TRANSPORT,INC.: No: l y- & Defendant CONFESSION OF JUDGMENT Certificate of Residence Pursuant to Pa. R.C.P. 2951(a)(2) I, Thomas P. Gleason, Esquire, hereby certify, based on research conducted by me and a review of documents provided to me that the address of the parties is as follows: 1. Plaintiff, Ryan Varner, is an adult individual currently residing at 16838 Mill Road, Spring Run, Pennsylvania 17262. 2. Defendant, Booz Milk Transport, Inc., is a Pennsylvania Corporation with a registered address of 199 Booz Road, Shippensburg, Pennsylvania 17257. Date: Thomas P. Gleason, Esquire Attorney ID No. 82259 49 West Orange Street Shippensburg, PA 17257 A RYAN VARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW BOOZ MILK TRANSPORT, INC.: No: Q�z �al Defendant 6 CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: BOOZ MILK TRANSPORT, INC. A judgment in the amount of$30,305.00 with interest from October 15, 2014, at the rate of 4.5%, which computes to a current per diem of$3.79, 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. You may have legal rights to prevent 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: 717-249-3166 Toll Free in PA: 1-800-990-9108 Date: _ Qc c)6x�— 1�El c'( By: Thomas P. Gleason, Esquire Attorney ID No. 82259 49 West Orange Street Shippensburg, PA 17257