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HomeMy WebLinkAbout14-6404 REDEVELOPMENT AUTHORITY : IN THE COURT OF COMMON PLEAS OF OF THE COUNTY OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND, Plaintiff, V. NO. 2014- EVERETT R. KANE CIVIL ACTION- LAW and BILLIE JO KANE, : Defendants COMPLAINT IN CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warranty of attorney, the original or 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 the Defendants as follows: Principal $ 6,197.69 �- Intererst to 11/3/2014 $ 4.08 rT, c-5 =T (per diem of$ .34) x' Late Charges c Other Charges $ { , - Attorney fees $ 750.00 zQ -t $ 6,951.77 Tricia D. N ylor, Esqu' e 0 d '� � P V-71F VERIFICATION The statements in the foregoing Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 3 /4- Ben J. Laudermilch Executive Director Redevelopment Authority of the County of Cumberland G , REDEVELOPMENT AUTHORITY,: IN THE COURT OF COMMON PLEAS OF OF THE COUNTY OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND Plaintiff, V. NO. 2014- 6 041 EVERETT R. KANE CIVIL ACTION- LAW and BILLIE JO KANE, Defendants COMPLAINT IN CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, Redevelopment Authority of the County of Cumberland ("Authority"), by and through its attorneys, BARIC SCHERER LLC, and files the within complaint and, in support thereof, sets forth the following: 1. Plaintiff is the Redevelopment Authority of the County of Cumberland, a body public body and a body corporate and politic of the Commonwealth of Pennsylvania, with a place of business located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Everett R. Kane and Billie Jo Kane, husband and wife, are adult individuals with an address of 400 Greenspring Road,Newville, Pennsylvania 17241. 3. On or about February 22, 2011, Defendants, made, executed and delivered the same day a written Promissory Note to the Redevelopment Authority of the County of Cumberland in the original principal sum of Six Thousand Five Hundred and 00/100 ($6,500.00) Dollars. 4. A true and correct copy of the Promissory Note is attached hereto as Exhibit"A" and is incorporated by reference. 5. On or about February 22, 2011, Defendants, made, executed and delivered the same day a written Loan Agreement to the Redevelopment Authority of the County of Cumberland County. 6. A true and correct copy of the Loan Agreement is attached hereto as Exhibit `B" and is incorporated by reference. 7. Under the terms of the Promissory Note, it shall be an Event of Default if there is an Event of Default under the Loan Documents, the herein referenced Loan Agreement. 8. Upon the occurrence of an Event of Default, the Redevelopment Authority of the County of Cumberland at its option may declare that the whole unpaid balance of the principal indebtedness, together with interest and all other sums due under the Note or required to be paid to the Redevelopment Authority of the County of Cumberland thereunder, due and payable immediately without notice to the Defendant. 9. Defendants have defaulted under the terms and conditions of Promissory Note by failing to make timely payments to the Redevelopment Authority of the County of Cumberland. 10. The Promissory Note provides for the recovery of attorney fees and costs incurred by the Authority to collect the debts due and owing. 11. Judgment is not being entered by confession against natural persons in connection with a consumer transaction. 12. Judgment has not been entered on the Promissory Note in any other jurisdiction. 13. The following amounts are presently due under the Promissory Note: Principal $ 6,197.69 Interest to 11/03/2014 $ 4.08 (per diem of$.34) Attorney fees $ 750.00 $ 6,951.77 COUNT BREACH OF CONTRACT 14. Plaintiff incorporates by reference paragraphs one through thirteen as though set forth at length. 15. Defendants have breached the Promissory Note by failing to make timely principal and interest payments. 16. All conditions precedent to recovery have been fulfilled. 17. As a direct and proximate result of the breaches of the Defendants, Plaintiff has incurred damages of$6,951.77 and these damages will continue to accrue. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants for the sum of$6,951.77 plus additional interest, costs, expenses and attorney fees all in an amount under the limit for compulsory arbitration. Respectfully submitted, BA"SCHR LL Trquire ID 19 West South Street Carlisle, Pennsylvania 17013 (717) 243-7437 Attorney for Plaintiff VERIFICATION The statements in the foregoing Complaint in Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel,they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Ben J. Laudermilch Executive Director Redevelopment Authority of the County of Cumberland G NOTE Dated: ` ouv.. 2 Z, 2011 At: Carlisle,Pe sylvania $6,500.00 FOR VALUE RECEIVED, the undersigned, Everett R. Kane and Billie Jo Kane, husband and wife, of. 400 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 (the "Maker"), irrevocably promises to pay to the order of the Redevelopment Authority of the County of Cumberland, with its principal place of business at 114 North Hanover Street,, Carlisle, Cumberland County, Pennsylvania 17013 (the "Authority"), the principal sum of Six Thousand Five Hundred and 00/100 Dollars($6,500.00)(the "Loan"),or so much thereof as will be disbursed to the Maker pursuant to the terms of the Loan Agreement between the Authority and the Maker dated the same date as this Note (the "Loan Agreement"), upon the terms as set forth herein and the Loan Agreement, for working capital for the Maker's business known as Kane's Subs, with a business address of 2 West Big Spring Avenue, Newville, Cumberland County,Pennsylvania(the"Premises"). This note bears a twoperce�nt (2%) rate of interest with a seven (7) year amortization period. Commencing on the x0'- March, 2011 and continuing monthly thereafter on the P�' y of each and every month,payments of Eighty-Two and 99/100 Dollars ($82.99) shall be due with the principal balance,plus any outstanding interest and other charges, if any,being due the Xx'"df February,2018. The Maker may prepay the principal. This Note is executed and delivered pursuant to the Loan Agreement and is subject to all the terms and conditions thereof. The Loan Agreement and this Note are hereinafter referred to as the"Loan Documents." THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. All the terms, covenants, conditions and provisions of the Loan Documents are incorporated herein by reference and are made a part hereof, and any breach or violation thereof will constitute a breach or violation of this Note. 2. It shall be an Event of Default under this Note if there is an Event of Default under the Loan Documents. Upon the occurrence of an Event of Default, the Authority at its option may declare that the.whole unpaid balance of the principal indebtedness,together with interest and all other sums due hereunder is due and payable immediately without notice to the Maker. 3. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKERS. IN EXHIBIT "A" 1 s , b GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF THE MAKER, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. Upon the occurrence of an Event of Default under this Note (of which an affidavit on behalf of the Authority will be sufficient evidence), the Maker hereby irrevocably authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for and to enter and confess judgment against.the Maker, at any time or times and as of any term, for the principal sum above mentioned, with or without declaration, with interest and costs of suit, without stay of execution, and with reasonable attorney's fees. The Maker agrees that any of their property may be levied upon to collect said judgment-and may be sold upon a writ of execution, and hereby waives and releases all Iaws,now or hereafter in force, relating to exemption, appraisement or stay of execution. The authority hereby granted to confess judgment will not be exhausted by any exercise thereof,but will continue from time to time and at all times until the Maker has performed all of the other provisions hereof or of the Loan Documents to be performed by the Maker. 4. All of the covenants herein contained will accrue to the benefit of the successors and assigns,voluntary or involuntary, of the Authority. 5. The Maker hereby waives the technical requirements of demand, grace, presentment for payment, protest, notice of dishonor or nonpayment and notice of the exercise of any option hereunder, except as notice and grace are specifically provided for in this Note or the Loan Agreement. 6. The remedies provided in this Note and the Loan Documents or otherwise available to the Authority for the enforcement of the payment of the principal sum and the performance of the covenants, conditions, and agreements, matters and things herein and therein contained are cumulative and concurrent and the Authority at its sole discretion may pursue them singly or successively or together and the Authority may exercise them from time to time as often as occasion occurs until the Authority has been paid all sums due in full. 7. The terms and provisions of this Note are severable. This means that if any of the terms, covenants, conditions or provisions of this Note are unenforceable or invalid under federal, state or other applicable law, such unenforceability or invalidity will not make any other of the terms, covenants, conditions or provisions hereof unenforceable or invalid. If law prohibits any waiver by Maker in this Note, including but not limited to the waiver of exemption from execution,such waiver will be and be deemed to be deleted herefrom. IN WITNESS WHEREOF,intending to be legally bound hereby,the Maker has caused this Note to be duly executed,the day and year first above written. 2 I I f WITNESS: f Everett K Kane ie Jo e I I I I I i F HAAuthoriry LoanskKaneNote.doc 3 LOAN AGREEMENT THIS LOAN AGREEMENT,is being signed as of the `' y of BY AND BETWEEN THE REDEVELOPMENT AUTHORITY OF THE CO T 01 2011, CUMBERLAND, with its principal place of business at 114 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013, (the "Authority"), and Everett R Kane and Billie Jo Kane,husband and wife, of 400 Greenspring Road,Newville,Cumberland County,Pennsylvania 17241 (the`Borrower"). BACKGROUND OF AGREEMENT: A. The Borrower desires to obtain working capital (the"Working Capital") for its business known as Kane's Subs (the "Borrower's Business"), with a business address of 2 West Big Spring Avenue,Newville, Cumberland County,Pennsylvania 17241 (hereinafter the "Premises'). B. The Authority desires to provide the working Capital, in that the Borrower's Business will increase the tax base in the Borough of Newville, create job opportunities, and facilitate the Borrower's Business at the Premises. C. The Authority agrees to make a loan of Six Thousand Five Hundred and 00/100 Dollars ($6,500.00) (hereinafter the "Loan") upon the terms and subject to the conditions contained in this Agreement. NOW, THEREFORE, the Borrower and the Authority, in consideration of their mutual Promises in this Agreement, and intending to be legally bound by this Agreement, make the following representations,promises and agreements with and to each other: Section 1.Definitions. There are certain terms used in this Agreement which have the meanings defined in this Section 1. These defined terms are as follows: Eligible Costs of the Project. The Eligible Costs of the Project are specifically the Working Capital for the operation of the Borrower's Business at the Premises. Loan Documents. The Loan Documents(the"Loan Documents')include(i)this Agreement and (ii)the Note described in Section 3. Section 2. The Loan. The Authority agrees to make the Loan of Six Thousand Five Hundred Dollars and 00/100 ($6,500.00) to the Borrower, subject to the terms and conditions of this Agreement. In order to receive the proceeds of the Loan, the Borrower will have to first satisfy all of the conditions of this Agreement. The Borrower promises to use the Loan proceeds exclusively for the Eligible Costs of the project. I EXHIBIY "$H. Section 3.Notes. The Borrower promises to pay the Loan and the other terms of the Loan,such as the maturity date and payment dates and amounts, are contained in the Borrower's note(the "Note") . I A.Note.The terms for the Note are as follows: (1) Interest—Two percent(2%)interest. (2) Term— Seven (7) year term, with any principal balance and interest due and owing to be paid in full on the; -� f February,2018. (3) Payments—Beginning on the A`"3f March,2011 and continuing monthly thereafter on the'1!!*day of each and every month,payments of Eighty- Two and 99/100 Dollars ($82.99) shall be due with the principal balance and outstanding interest and other charges, if any, due on the2-1t*Af February,2018 Section 4. Prepayments. The Borrower's rights to make prepayments of the outstanding principal amount of the Loan are set out in the Note. Section 5. Representations and Warranties. To induce the Authority to enter into this Agreement, the Borrower represents and warrants the statements contained in this Section 5. This means that the Borrower promises to the Authority that these statements are true and that the Borrower stands behind the truth of these statements. A. Borrower's Authority. The Borrower has all necessary power and authority to sign and deliver the Loan Documents and to perform its promises in the Loan Documents. B. No Violation. The Borrower's execution and delivery of this Agreement and other Loan Documents and the Borrower's compliance with the terms and provisions of the Loan Documents will not conflict with or cause a violation of any agreement that affects the Borrower or the Premises. C. Valid Oblieation. The Borrower has duly and validly executed and delivered the Loan Documents. The Loan Documents are valid and legally binding obligations of the Borrower,enforceable in accordance with their terms. D. Litisation. There is no litigation or governmental proceeding pending or threatened against the Borrower regardless of the nature or the amount in controversy other than that which has been previously disclosed to the Authority in writing, which might adversely affect the Premises or Improvements thereon, the security of the Authority, or the condition,financial or otherwise,of the Borrower. E. Taxes Current. The Borrower has filed all required federal, state and Iocal tax returns and has paid all taxes shown on such returns as they have become due. F. Bankruptcy Proceedine. Borrower has not filed for bankruptcy, had a bankruptcy proceeding filed against it, entered into an arrangement with creditors,or entered into a comparable agreement. 2 Section 6.General Conditions of Lending.The obligation of the Authority to make the Loan is subject to the fulfillment of the following conditions by the Borrower to the satisfaction of the Authority: A. True Representations. The representations and warranties contained in Section 6 hereof are true and correct. B. Legal Review. The Authority is satisfied with its counsel's review of all legal matters related to the Loan. i C. Loan Documents. Each of the Loan Documents to be signed by the Borrower has been properly executed and delivered to the Authority. D. Insurance. The Borrower shall obtain and maintain property and casualty insurance on the contents of the Premises,.including FF&E,and to the extent their interests are insurable, the Authority shall be listed as loss payee as its interests appear, and the Authority shall be given thirty(30)days notice of any cancellation. E. Taxes/Rent Payments.Borrower shall pay and keep current all taxes. Borrower shall also pay and keep current all rent payments due and owing for the lease of the Premises. Section 7.Borrowing`Procedures.The Loan shall be disbursed to Borrower upon execution of this agreement. Section 8.Events of Default. The occurrence of any of the following will constitute an event of default hereunder(an"Event of Default"): A. False Representation.Any representation or warranty made in this Agreement or in any certificate or financial or other statement required by this Agreement,is false or misleading in any material respect as of the time made or furnished B. Covenant Default.The Borrower fails to satisfy or breaches any of its covenants and obligations under this Agreement and fails to cure its default within thirty(30)days after it has received notice of the default from the Authority. C. Borrower Insolvency or Receiver Appointed.The Borrower(i)becomes insolvent, (ii) admits its inability to pay its debts as they come due, (iii) makes an assignment s for the benefit of its creditors, (iv) is adjudicated bankrupt or insolvent, (v)voluntarily initiates proceedings under any bankruptcy or reorganization law either now or hereafter in effect, (vi) becomes the subject of any involuntary proceedings under any bankruptcy or reorganization law either now or hereafter in effect that has not been discharged within sixty (60) days of the initiation thereof, (vii)seeks to take advantage of any moratorium law either now or hereafter in effect, or(viii) a receiver, liquidator or trustee is appointed for the Borrower and has been discharged within sixty(60)days. 3 1 i I D. Default under Other Loan Documents.The Borrower commits a default under any of the other Loan Documents and fails to cure the default within thirty(30)days after notice of the default from the Authority. Immediately upon the occurrence of an Event of Default hereunder,and without further notice to the Borrower,the Authority may declare the Note and all liabilities of the Borrower thereunder to be immediately due and payable. If the Authority does so,then the Note thereupon becomes due and payable,without presentment,demand,protest or notice of any kind to the Borrower, all of which are hereby expressly and knowingly waived. Section 9. Miscellaneous. A. Authority's Rights Not Waived or Limited. If the Authority delays in exercising or fails to exercise any right or power under this Agreement,this delay or failure to exercise will not affect the Authority's subsequent ability to exercise the right or power. Similarly, any single or partial exercise of any right or power or any abandonment, waiver, or discontinuance of steps to enforce a right or power will not preclude or prevent the Authority from the frill or further exercise of the right or power, or the exercise of any other right or power. The rights and remedies of the Authority under this Agreement are cumulative and concurrent and not exclusive of any rights or remedies, which it might otherwise have. This means that the Authority may exercise different rights at the same time or in succession. The Authority may choose to enforce the provisions of the Loan Documents strictly in accordance with their terms, even if the Authority may have refrained from so doing at any earlier times. The Authority's decision at any earlier times to refrain from strict enforcement of its rights shall not be construed as having created a custom contrary to specific provisions of the Loan Documents, or as having in any way or manner modified or waived those written provisions. B. Amendments and Consents to be in Writing. This Agreement and the other Loan Documents constitute the entire agreement between the Authority and the ; Borrower. Only a written instrument duly executed by the Authority and the Borrower may modify such instruments. Any consent or approval of any kind or character on the part of the Authority under this Agreement,and any waiver of any provision or condition of this Agreement, must be in writing and executed by the j Authority and will be effective only to the extent specifically set forth in such writing. I C. Survival of Covenants. All covenants and agreements of the Borrower contained j herein or made in writing in connection herewith will survive and continue until the Loan is entirely paid and all of the Borrower's obligations hereunder have been entirely satisfied. D. Choice of Law and Jurisdiction. This Agreement and the other Loan Documents are contracts made under the laws of the Commonwealth of Pennsylvania and will be interpreted under those laws.The Borrower consents for all purposes of the Loan Documents to the jurisdiction of the courts of the Commonwealth of Pennsylvania, 4 including without limitation the Court of Common Pleas of the Authority in which the Premises is located. E. Counterparts. This Agreement may be executed in as many counterparts as may be deemed necessary and convenient and each of which,when so executed,will be deemed an original. This means that the parties may sign different copies of the signature page. F. Formal Notices. Any notices or consents required or permitted by this Agreement must be in writing and be addressed to the Borrower or the Authority,as applicable. Notices will be deemed to be delivered if delivered in person or if sent by certified or registered mail, postage prepaid, return receipt requested, addressed to the ' Borrower or the Authority, as applicable,at the addresses set forth at the beginning of this Agreement. Notice will be effective on delivery if delivered in person or on the second business day following mailing if mailed. G. Invalidity of M Terms not to Invalidate Agreement The terms and provisions of this Agreement are severable. If any one or more of the terms, covenants, conditions or provisions of this Agreement ard found to be unenforceable or invalid, under federal, state or other applicable law, such unenforceability or invalidity shall not render any other term, covenant, condition or provision this Agreement unenforceable or invalid. A. Further Confirmations. The Borrower agrees to sign such further documents as the Authority may reasonably request to further confirm and assure the interests and rights created or intended to be created in favor of the Authority hereunder or any of the Loan Documents. These further confirmations may not impose additional obligations on the Borrower or otherwise modify the terms of this Agreement. L Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the Borrower and the Authority,and their respective heirs,successors and assigns. I No Third Party Beneficiary. The parties do not intend the benefits of this Agreement to inure to any third party except as expressly provided in this subsection. No portion of the Authority's commitment to make the Loan will, at any time, be subject to attachment or levy by any creditor of the Borrower other than the Authority. i 5 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. WITNESS: i Everett R.Kane ' e o kafie ATTEST: REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND c1rh" �(4 sy 4. i i RkAufhority LoansWane Loan Agreement doc 6 DISCLOSURE STATEMENT AND EXPLANATION OF RIGHTS CONFESSION OF JUDGMENT 1. On the date Everett R.Kane and Billfe Jo Kane,husband and wife,(the"Borrower")entered into a loan agreement(the "Loan Agreement")with the Redevelopment Authority of the County of Cumberland(the"Lender")providing for a term loan by Lender to Borrower in an aggregate principal amount not to exceed Six Thousand Five Hundred and 00/100 Dollars j ($6,500)(the "Loan'). The Loan is evidenced by a Note dated February 2& 2011,and issued by the Borrower,payable to the order of the Lender and the Loan Agreement(the "Loan Documents").The Borrower clearly and specifically understands that by signing the Loan Documents of even date herewith,which contain a confession of judgment clause, i (a) Borrower will authorize the Lender to enter a judgment against Borrower and in its favor,which will give the Lender a lien upon any personal property,which Borrower may own; I (b) Borrower will give up the right to any notice or opportunity to be heard prior to the entry of the judgment; (c) Borrower will agree that the Lender can enter the judgment prior to proof of non- payment or other default on Borrower's part; (d) Borrower will subject all of Borrower's property, both personal property and real estate,to execution(and Sheriffs Sale),pursuant to the judgment,prior to proof of non-payment or other default on Borrower's part;and (e) Borrower will be unable to challenge this judgment, should the Lender enter it, except by proceeding to open or strike the judgment, and such a proceeding will result in attorney's fees and costs which Borrower will be obligated to pay. (f) Borrower will have no opportunity for notice and to have a hearing before execution is issued on any judgment entered against Borrower,and the Lender,without prior notice and a hearing,may foreclose upon,attach,levy or otherwise seize property of the Borrower in full or partial payment of the judgment. 2. Borrower knows and understands that it is the Confession of Judgment clause in the Loan Documents,which gives the Lender the rights enumerated in subparagraphs(a)through(f)of Paragraph 1 above. 3. IF BORROWER DOES NOT SIGN THE LOAN DOCUMENTS WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE,BORROWER UNDERSTANDS THAT BORROWER WOULD HAVE THE FOLLOWING RIGHTS: (a) the right to have notice and an opportunity to be heart}prior to the entry of judgment and the issuance of execution on the judgment; (b) the right to have the burden of proving default rest upon the Lender before Borrower's properly can be exposed to execution;and (c) the right to avoid the additional expense of attorney's fees and costs incident to opening or striking off a confessed judgment. 4. Fully and completely understanding these rights,which Borrower has prior to signing the Loan Documents(and clearly aware that these rights will be given up,waived,relinquished, and abandoned),nevertheless freely and voluntarily chooses to sign the Loan Documents. Borrower's intention being to give up,waive,relinquish, and abandon Borrower's known j rights(as described in Paragraph 3 above)and subject himself/herself to the circumstances described in Paragraph 1 above. 5. The Borrower acknowledges that the Loan has been made for business purposes. Dated this-�4ay of February,2011. Witness: .. t/0,6� Everett R Kane I A�M e Jo kane I I ' I • 2 i COMMONWEALTH OF PENNSYLVANIA , ss COUNTY OF CUMBERLAND On this,the 0 day of 2011,before me the undersigned personally appeared Everett R.Kane and Bille J0 Kan own to me to be the persons whose name is subscribed to the within instrument and acknowledged that they executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and notarial seal. i 4 i SERI! NOTARY PUBLIC Address' COMMONMLTH OF PEMSYLVA141A LK-aren OTARIAL SEAL F Byers,Notary Publicrough,Cumberland CountyMy Commission Expires' ssion ex fres R4arch 18,2011 HMuthorily LoansWane Confession,doc 3 REDEVELOPMENT AUTHORITY : IN THE COURT OF COMMON PLEAS OF OF THE COUNTY OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND, Plaintiff NO. 2014- v. cW EVERETT R. KANE CIVIL ACTION-LAW and BILLIE JO KANE, rn e -'; Defendants CONFESSION OF JUDGMENT -� CD NOTICE UNDER RULE 2958.1 r OF JUDGMENT AND EXECUTION THEREONCD �C_- w TO: Everett R. Kane Billie Jo Kane 400 Greenspring Road Newville, Pennsylvania 17241 A judgment in the amount of$6,951.77 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 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, Pennsylvania 17013 (717) 249-3166 Tricia D. Naylor, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 REDEVELOPMENT AUTHORITY : IN THE COURT OF COMMON PLEAS OF OF THE COUNTY OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND Plaintiff, V. NO. 2014- � t�. �rUt rWt/n EVERETT R. KANE CIVIL ACTION- LAW and BILLIE JO KANE, : Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Redevelopment Authority Of The County Of Cumberland, the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. 4riciARIC SCHERER C a D. Nat'l , Esq ' e c�i?r 'mac, REDEVELOPMENT AUTHORITY,: IN THE COURT OF COMMON PLEAS OF OF THE COUNTY OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND Plaintiff, V. NO. 2014- EVERETT R. KANE " CIVIL ACTION- LAW and BILLIE JO KANE, r-n m :XM CE) f-7 Defendants CONFESSION OF JUDGMEN - T =' .<= CERTIFICATION OF ADDRESSES _- --i Cn COMMONWEALTH OF PENNSYLVANIA a ss. COUNTY OF CUMBERLAND Tricia D. Naylor, Esquire, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief, the addresses of the judgment creditor and the judgment debtors in the above-captioned case are as follows: Plaintiff: Defendant: Redevelopment Authority of Everett R. Kane The County Of Cumberland 400 Greenspring Road 114 North Hanover Street Newville, Pennsylvania 17241 Carlisle, Pennsylvania 17013 Billie Jo Kane 400 Greenspring Road Newville, Pennsylvania 17241 *�Trici D. Nay Esquire Swor tp�nd subsc ' ed befor m , this day of 2014. r q4 N _COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Jennifer 5,Undsay,Notary Public Cariisie soro,Cumberiand County My Commission Expires Nov.29,2015 MEMSER,PENNSYLVANIA ASSOCIATION OF NOTARIES Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COL THE PRO THONO-TAR 2L114 NOV 17 PM 3:06 ft V.3114 n, C.„ OFF ICE QFT V-1.5,RIFF CUMBERLAND COUNTY, PENNSYLVANIA Redevelopment Authority of the County of Cumberland vs. Everett R Kane (et al.) Case Number 2014-6404 SHERIFF'S RETURN OF SERVICE 11/07/2014 07:20 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Confession of Judgment, Complaint in Confession of Judgment, Notice of Rule 2958.1 of Judgment and Execution Thereon, Certification of Addresses, and Notice of Judgment Pursuant to Pa.R.C.P.236 of Judgment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Billie Jo Kane at 400 Greenspring Road, North Newton Township, Newville, PA 17241. CHRIST ER SHARPE, DEPUTY 11/07/2014 07:20 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Confession of Judgment, Complaint in Confession of Judgment, Notice of Rule 2958.1 of Judgment and Execution Thereon, Certification of Addresses, and Notice of Judgment Pursuant to Pa.R.C.P.236 of Judgment by handing a true copy to a person representing themselves to be Billie Jo Kane, Wife, who accepted as "Adult Person in Charge" for Everett R Kane at 400 Greenspring Road, North Newton, Newville, PA 17241. SHERIFF COST: $57.56 CHRISTOP SHAR U.:FY SO ANSWERS, November 10, 2014 RONINR ANDERSON, SHERIFF (c) CountySuito Sheriff, l'eleosoft,