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HomeMy WebLinkAbout05-2143 . . KIM C. RARAIGH and CATHLEEN D. RARAlGH, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V AN vs. : CIVIL ACTION - LAW : NO. U s-- c2/ <j 3 ~ LEE A. WOODALL, Defendant : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I, Bradley 1. Griffie, Esquire, of Griffie & Associates, pursuant to the warr contained in the subject Note, a copy of which is attached hereto, hereby appear on beh of the above Plaintiffs and confess judgment in favor of the Plaintiffs and against t e named Defendant in accordance with the Complaint, in the amount of $60,000. 0, together with costs, interest, and fees as may be allowed in the Note, and request e Prothonotary of the Court of Common Pleas of Cumberland County to enter s . d Judgment on the dockets of the Prothonotary's office for said amount. DATE: '1/ ;).~I () S GRIFFIE & ASSOCIATES .~ E"squire over Street Carlisle, PA 17013 (717) 243-5551 KIM C. RARAIGH and CATHLEEN D. RARAIGH, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANI vs. : CIVIL ACTION - LAW : NO. LEE A. WOODALL, Defendant : CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT Plaintiffs, Kim C. Raraigh and Cathleen D. Raraigh, hereby file the wi n Complaint, averring as follows: 1. Plaintiffs, Kim C. Raraigh and Cathleen D. Raraigh (hereinafter referred to s "Raraighs"), are adult individuals currently residing at 7 Gordon Driv , Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Lee A. Woodall (hereinafter referred to as "Woodall") is an adu t individual currently residing at 21 West Mulberry Hill Road, CarlisI, Cumberland County, Pennsylvania. 3. John AInsley (hereinafter referred to as "AInsley") is an adult individ currently residing at 331 Crains Gap Road, Carlisle, Cumberland Coooty Pennsylvania. 4. On or about July 7, 2003, Woodall executed and delivered to AInsley a Not in the principal amooot of SIXTY THOUSAND ($60,000.00) DOLLARS, a true and correct copy of said Note being attached hereto and incorporated herein by reference as Exhibit "A". 5. For good and valuable consideration, Amsley assigned all of his rights d interest in the aforesaid Promissory Note to Raraighs pursuant to an Assignment of Promissory Note dated February 22, 2005, said Assi nt being attached hereto and incorporated herein by reference as Exhibit "B". 6. Judgment has not heretofore been entered on the Note in any jurisdiction. 7. By the tenns of said Note, Raraighs are entitled to confess judgment on he said Note upon default of the tenns of the Note. 8. Under the tenns of the Note, Woodall was to make payments in the amount f $1,146.07 per month, beginning on August 7, 2003 and continuing on the th day of each successive month thereafter for a period of five (5) years or six (60) payments until all principal and interest was paid in full. 9. Despite repeated demands and requests, Woodall has failed and refused 0 make payments as required by the aforesaid Note and payments of princip and interest remain due and owing for a period in excess of twenty-one (2 ) months. 10. As of the date of this Complaint, the principal balance due on the Note i $60,000.00 and this balance remains due with interest continuing to accrue 0 this amount from the date of execution of the Note, July 7, 2003, to August 7 2003 at the rate of FIVE AND ONE-HALF (5\--2%) PERCENT per annum, an from August 7, 2003 forward, due to default, at the rate of TEN (10% PERCENT per annum. 11. The said Note provides for the payment in the case of default of attorn y's fees in the amount of FIVE (5%) PERCENT and, thus, in this action, in the amount of $3,000.00. WHEREFORE, Raraighs hereby confess judgment in the sum of $60,000.00 as authorized in the warrant appearing in the attached Note, together with any costs, inter st, and attorney's fees as provided in the said Note. Respectfully submitted, GRIFFIE & ASSOCIATES KIM C. RARAIGH and CATHLEEN D. RARAIGH, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANI vs. : CNIL ACTION - LAW : NO. LEE A. WOODALL, Defendant : CONFESSION OF JUDGMENT CERTIFICATE OF RESIDENCE I hereby certify that the residence of the within named Defendant is 21 W st Mulberry Hill Road, Carlisle, PA 17013. ,,,.,-~ ?;7 7-7 ( ,Dr Lymfie, Esquire ,- . "",tfRlFElE& ASSOCIATES 200 N. Hanover Street Carlisle, P A 17013 (717) 243-5551 I verifY that the statements made in the foregoing document are true and correc. I understand that false statements herein are made subject to the penalties of 18 Pa.C S. Section 4904, relating to unsworn falsification to authorities. DATE: ,) q ()) _~l~J KIM C. RARAIGH I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c. . Section 4904, relating to unsworn falsifications to authorities. /) - DATE: U /1 . b !:J e~j~lJ. r l CATHLEEN D. RARAIGH , PROMISSORY NOTE $60,000.00 July 7, 2003 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, t e undersigned, LEE A. WOODALL, individually and as President of LEE WOODALL' STADIUM 54, LTD., of Carlisle, Cumberland County, Pennsylvania, Maker, promises t pay to the order of JOHN AMSLEY at Carlisle, Cumberland County, Pennsylvani , Holder, or such other place as the holder may designate in writing to the undersigned, th principal sum of SIXTY THOUSAND AND XXlIOO ($60,000.00) DOLLARS, togethe with interest at the rate of FIVE and ONE/HALF (51'2%) PERCENT per annum calculate from July 7, 2003, as follows: Monthly payments shall be made in the amount of ONE THOUSAND ON HUNDRED FORTY-SIX AND 071100 ($1,146.07) DOLLARS, beginning on August 7 2003 and continuing on the 7th day of each successive month thereafter for a period 0 five (5) years or sixty (60) payments, until all principal and interest is paid in full. Thi note is intended to serve as a lien against any assets of the Maker. Maker shall have the right of prepayment of this Note, in whole or in part, at any time and from time to time, without penalty. In the event Maker is in default for a period of thirty (30) days, the then remaining principal balance shall be due in full together with interest at the rate of TEN (10%) PERCENT. Payments shall be applied first to accrued interest and the balance to principal. Payments shall be made payable to John Amsley, 331 Crains Gap Road, Carlisle, PA,17013. In the event of any default by the undersigned in the payment of principal or interest when due or in the event of the suspension of actual business, insolvency, assignment for the benefit of creditors, adjudication of bankruptcy, or appointment of a receiver, of or against the undersigned, the unpaid balance of the principal sum of this promissory note shall at the option of the holder become immediately due and payable and the amount then due shall accrue interest until payment at the rate of TEN (10%) PERCENT per annum or the highest rate permitted by law, whichever is less. The Maker and all other persons who may become liable for the payment hereof severally waive, demand, presentment, protest, notice of dishonor or nonpayment, notice of protest, and any and all lack of diligence or delays in collection which may occur, and expressly consent and agree to each and any extension or postponement of time of payment hereof from time to time at or after maturity or other indulgence, and waive all notice thereof. El<h:ihi.t "P{' ~ And to secure the payment of said amount, we hereby authorize, irrevocably, attorney of any Court of Record to appear for me in such Court, in term time or vacati n, at any time hereafter, and confess judgment, without process, in favor of the holder oft is Note, for such amount as may appear to be unpaid thereon, whether due or not, togeth r with costs, and to waive and release all errors which may intervene in such proceedin s and to consent to immediate execution upon such judgment; with 5% attorneys fe s charged; hereby ratifYing and confirming all that my said Attorney may do by virt e thereof. "verned>> the la s /. h /' EA.WO IV ( President ofLEE WOOD 54, LTD. Sworn and subscribed to before me this 7!6- day of July, 2003. ~ li.d~ N TARY puic NOTARIAL SEAL IIOIlIllJ. GOSHORN. NOTARY P\IBllC CARlISLE BOBO., CUMBERLANO COUNlT MY MMISSION EXPIRESAPRI 11 t 07 . ' DISCLOSURE FOR CONFESSION OF JUDGMENT ] AM EXECUTING, THIS 7771 DAY OF ,\....' I \~ , 2003, A PROMISSORY NO E FOR $60,000.00 OBLIGATING ME TO REPAY THAT AIJ10UNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISI N THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEF AUL T ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFER G ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTI E AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHE CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, lAM KNOWINGL , INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING AN RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGRE AND CONSENT 0 P,ytEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION A PROVIDE FO CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RlGHT TO ENTE JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, TH CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAG THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON TH JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSIO OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF TH JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY A E .ND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN ANYMA E PE -ITTEDBY APPLICABLE STATE AND FEDERAL LAW. INITIALS' C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION ITH NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL ADVIC INITIALS' V r--'. /) / . AFFIANTS/ / ,/ (SEAL) '., , . ASSIGNMENT OF PROMISSORY NOTE This Assignment of the Promissory Note hereinafter referenced, made the day an year hereinafter set forth by and between John Amsley ("Assignor") and Kim C. Raraig and Cathleen D. Raraigh ("Assignees"). Assignor is the ubligee under a ceiiain Promissory Note executed on July 7, 2003, nth? principal amount of SIXTY THOUSAND AND XX1100 ($60,000.00) DOLLARS, which Note was executed by Lee A. Woodall, individually and as President of Lee Woodall's Stadi 54, Ltd. At the time of execution of this Assignment the aforesaid Promissory Note has not been recorded, nor have any attempts been made to collect the outstanding balance due 0 the Promissory Note, which is in default as of the time of execution of this Assignment. The aforesaid Note (copy attached) was given to secure the payment of a certain s SIXTY THOUSAND AND XX1100 ($60,000.00) DOLLARS, together with interest at the of FIVE and ONEIHALF (5 Y2%) PERCENT calculated from July 7, 2003 forward and prov ded the obligation for payment of ONE THOUSAND ONE FORTY-SIX AND 07/100 ($1,14 DOLLARS per month beginning on August 7, 2003, and continuing on the 7'h day of successive month thereafter for a period of five years or sixty payments, until the principal d interest were paid in full. The Assignor desires to transfer all of his rights as obligee under the afore aid Promissory Note to the Assignees. NOW THEREFORE, for and in consideration of the various valuable considerati n, provided from Assignees to Assignor at the time of execution hereof, the receipt of whic is hereby acknowledged, Assignor does hereby grant, bargain, sel!, assign, transfer, and sell 0 er Thhibit I 'B I '. on to Assignees, their heirs, executors, administrators, and assigns, all rights of Assignor under the Promissory Note and all monies, principal and interest due thereon, together with all . ghts, remedies, and incidents thereon to belonging, and all of Assignor's right, title, interest, pr perty claims, and demand in to the same. Without any recourse to me, I assign for, valuable consideration, the within refer nced Promissory Note, it being the expressed understanding of the parties that Assignees tak Promissory Note as their own and free Assignor from all responsibility or obligations there der. IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day an year hereinafter written and Assignees have executed the Assignment accepting said Assignment WITNESSEITH: ~Cr)j/l ~/ ,1-;tj.-05-: , Date J ;;1'..lJ.-Z>S rJ ~ ~, () ~ 0.. K1M~~ dJ,J,05 ~~M' Date CATHLEEN D. RARAI H f COMMONWEALTH OF PENNSYLVANIA COUNTY OF &CV1"'~0-Il.AM?l. j' , 200i, before me, the under igned On this J-!)- ~l day of ({.,\JJt.wv(l) officer, personally appeared KIM C. RARAIGH, known to me (or satisfactory proven) to e the person whose name is subscribed to the within Agreement and acknowledged that he ex uted the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL .;;]. ,. "Not~t1t~;j Lf~?~Y\.J NOTARIAL SEAL ROBIII I. GOSHORN, NOTARf PUBLIC CARlISLE 80110., CUMBERlAND COUNlY M'f COMMISSION EXPIRES APRIL 11 2001 to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL ~. 4 ,. . 1.M r..! ~t1------' No ary Publi{] NOTARtAl SEAL RaBIN J. GOSHORN, NOTARY PUBLIC CARLISLE BORa., CUMBERLANO COUNTY M'f COMMISSION EXPIRES APRIL 11 2001 COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ Wu.r.J On this I Ll day of fe tf vOJ\ 'I .J)' , 200f, before me, the unde igned officer, personally appeared JOHN AMSLEY, known to me (or satisfactory proven) to e the person whose name is subscribed to the within Agreement and acknowledged that he ex cuted the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 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