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Home My WebLink About05-3143 I' . , CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff v. KRISTY M. GREEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 3/'13 CIVIL TERM : CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against defendant as ollows: Principal Sum Other authorized items: Court costs, sheriff costs, additional collection fee Interest Attorney fees Total $ 1,869.68 $ 424.95 $ 14.75 $ 270.00 $ 2,619.38 _._~ . . . II CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- JJ'l3 CIVil TERM KRISTY M. GREEN Defendant : CONFESSION OF JUDGMENT : FOR MONEY COMPLAINT 1. Plaintiff, Cumberland-Franklin Joint Municipal Authority, is a Pennsylvania authority with its main office at 725 Municipal Drive, Shippensburg, PA 17257. 2. Defendant, Kristy M. Green, is an individual residing at 3 Barry Circle, Shippensburg, PA 17257. 3. Plaintiff avers that a true and correct reproduction of the original instrument showing the defendant's signature is attached. 4. Plaintiff avers that judgment is not being entered by confession in connection with a consumer credit transaction. 5. This instrument has not been assigned. 6. Judgment on this instrument has not been entered in any jurisdiction. 7. Plaintiff avers that defendant is in default of the instrument terms sufficient to warrant a confession of judgment. 8. The instance of default was failure to pay the installment due by May 10, 2005. 11 Ii 9. The amount due is comprised of several sums, as itemized herein: $1,869.68 $ 14.75 $ 280.45 $ 184.50 $ 270.00 $2,619.38 principal outstanding interest at 6% authorized additional collection fee court and sheriff costs attorney fees total Therefore, Plaintiff demands judgment in the amount of $2619.38, as authorized by the warrant. -r~,,\~ 17. 2.o~.;- Date Respectfully Submitted TURO LAW OFFICES 1d:c.ddd,re ~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff PROMlSSORY NOTE Dated J1hu 14t (1 ,J yj rf( (IIJ 'j- FOR VALUE RECEIVED, the u~dersigned Obli~, '1!"'S ~ ~. l} ({ en who resIdes at , ~ Ilf(11 Ii'r 1 ,;5/J{ '~jJtr}SJJIL;/tJ , Pennsylvania, ("Obligor") promises to pay to the order of Cumberiarld-Franklin ~oint Municipal Authority ("CFJMA"), a municipal authority which owns and operates a public sewer system, with offices located at 725 Municipal Drive, Shippensburg, Pennsylvania, the sum of$ c;)DDb to for fees l1quired to hook up to CFJMA's public sewer as r:9uir~d by law. Such fees will be paid in,~ 7 consecutive montWy installments of $ . 0" each, said installments to be applied first to interest at the rate of six percent 6.0%) per annum on the unpaid principal balance, and the remaining portion of each such installment to reduce principal, with said montWy installments to be paid on or before the first day of each and every month, beginning on the month following the date of this note and thereafter on the first day of each subsequent month until paid in full. r UU $ ,7{ ODO This note may be prepaid in whole or in part at any time without penalty and any unearned finance charge will be refunded. By the execution and deliver'] of this Promissory Note, the Obligor acknowledges the indebtedness evidenced by this Promissory Note and promises to carry out the transactions contemplated. In the event any installment is not made when due, CFJMA may, at its sole discretion, notifY Obligor that this Promissory Note is in default. If such default continues to exist after ten (10) days of such notice, the entire balance of principal and interest shall become immediately payable upon demand of any Obligor. In the event of any default, the undersigned agrees to pay all reasonable attorney's fees and costs of collection whether or not legal action is commenced. Furthermore, in the event of default by the Obligor, the Obligor hereby authorizes any attorney or prothonotary of any Court of Record in Pennsylvania, or elsewhere, to confess judgment against the undersigned for the above amount with costs of suit, release of errors, and with fifteen percent (15%) additional for collection fees; and the undersigned hereby waives right of inquisition, condemnation and appeal, and stay of execution, and further waives the benefit of any exemption laws. To induce any person or persons to take a transfer of this note, the undersigned certifies they have no defense to said note and debt thereby secured and waive all right to make defense thereto. The undersigned hereby certifY the following statements: ]. That the debt for which this note is given is not a consumer debt. 2. That it was orally explained and fully understood by the undersigned that the execution of this promissory note containing a confession of judgment clause waives the right to have prejudgment notice and hearing, the right to have the burden of proving , . default on the creditor, and the right to avoid the expenses attendant upon opening or striking a confessed judgment, and that the undersigned voluntarily executed this promissory note with a confession of judgment clause knowing that the aforesaid rights are hereby waived and that an execution may be issued on a judgment entered on said confession against the undersigned's property. The undersigned further certifY that they were advised and understood they could have an attorney examine this promissory note and any other documents in connection with it prior to execution. CAUTION OBLIGOR: YOU ARE INTENTIONALL Y, KNOWINGLY AND VOLUNTARILY PERMITTING A JUDGMENT TO BE FILED AGAINST YOU IN THE EVENT YOU F~ TO MAKE PAYMENTS OR DO NOT HONOR THE CONDITIONS SET FORTH IN TillS AGREEMENT, REGARDLISS OF WHETHER YOU HAVE A REASON FOR NOT MAKING PAYMENTS OR HONORING TIffi CONDITIONS. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, intending to be legally bound, on the day and year first above written. wrd1:r~-~ .. I 1.. COMMONWEALTH OF PENNSYL VANIA COUNTYOF ~~. "I'v ' . .6.J-v- On this d L ~ I day of I //' 4A:::f ,200JY, before me the undersigned officer, personally appf,'red ! I)rI6.J.c/ J(. (I~r'tif1 " known to me or satlsfactonly proven to 'be the person whose name IS subscnbed to the foregoing instrument, and acknowledged that he/she executed the instrument for the purposes contained in it ss. IN WITNESS WHEREOF, I hereto set my hand and official seal. \(/ \J> Notary Public NOjARIAl SEAL LISA t. SUOERS, NOTARY PUBLIC SOUTHAMPTON TWP, FRANKliN COUNTY MY COMMISSION EXPIRES MAY 10, 1007 ~ ~ \\ "- ~ (") ...., ,~ c;~ ~ \,~ er-. C': <;::::) en CJ\ ~ ,- :;:J ;:; _.~- -n ~ ~ f1lp ~ -am ~ - ~,?}y "- \ -.J (;:~ () ~ ~ . y-" -,:, ~ ~ ~ ~ ~';2~~ . ;.5In ~ ~ N ~-l , IX\. )> ;;:- ::D "" W -< Commonwealth of Pennsylvania Court of Common Pleas County of Cumberland 9th Judicial District PRAECIPE TO ENTER JUDGMENTI ENTRY OF JUDGMENT Cumberland County Adult Probation v. Joseph Washington, Defendant Civil Docket No: {)S'- :cTI-7 (!iU'1 ITB2.r. Praecipe to Enter Judgment To the ProthDnotary: 1lBennis (f. JLebo Qtlerk of Qtourt of Q[umberlanb Q[.lUSUtfiLED-OtFiCr; 1 Courthouse Squ'l'lFe'HE PROTH:JNOTAAY Carlisle. PA 17~l3., !! I',! 'l PH I: 08 LU~J;) ...J, H vO . fl.'. POST C'., "'-'[p'D (V' UJ,,->-(...~ ll"; , ""-"'-1 \ _ ''4 "'. ~ PENNSYLW ,\ 1...h,}..J VL-.''\..''-VI'VI. APT 3 Harrisburg, PA 17104 WAS~SSS i7iO~3003 iSO~ i6 06/a~ RETURN TO SENDER WAS~INGTON MOVED LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER ~ r 11 ~ ii.l'~~nm ll37'CCU:::::::::;::.; !., ,iii, "III", '" i!"II", II", Ii", II, ,j ,Li, i" i ,j" ,II ,,/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: CUMBERLAND.FRANKLIN JOINT MUNICIPAL AUTHORIT~ plaintiff vs. ( X) Confessed Judgment ( ) Other FileNo. 0'>-3141 Amount Due $? h 1 q 1 R Interest Atty's Comm Kristy M. Green, defendant .3 '8<3-"''-7 G;.-de.. _: Costs S~;pp.z.tV.I~"'V:" ,fit h~67 TO THE PROTHONOTARY OF IRE SAID COURT: fW' ~ ~ The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of ('nmh..rl "nn for debt, interest and cDsts, upon the following described property of the defendant(s) County, perRon,,] prnp"rt-y. i'lC'1'ldi1l3 furlltiurc PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) fDr the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date .Tl1n" 27. 2005 Signature: Print Name: Address: ~/~P~ RiC".h~Tr1 'Kn,...h Attorney for: Telephone: Supreme Court ID No.: 92956 2e S _ Pitt lOt. Carlisle, PA 17013 Plaintiff 717-245-9688 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. o c-:~ "'-... .-' c:.." (.:-:;> ~~ ~..,., ~:.:: i;l:~f::- .~, ~y!):;~) _c; :;'~ o -n ~ ~ ~ i\ 'L l ---- ~ \ ~f\ ~ ~ f\ "- I €'- (\ , ~ ~ '^ IJ ~ '" \ -.Jl W ~ (l() ~-- t' ~ .~ . \Jj..i\ , \) (). U, ,,\ \ 0 Co -:\ 8 ':.<c} .;::;,1.1 ;~,::?t -;~ - 5:3, .~- U') II CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND : COUNTY, PENNSYLVANIA v. : NO. 05-3143 CIVIL TERM KRISTY M. GREEN Defendant : CONFESSION OF JUDGMENT : FOR MONEY Notice Under Rule 2958.3 of Judgment and Execution Thereon Notice of Defendant's Rights To: Kristy M. Green, Defendant A judgment in the amount of $2.619.38 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 court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at 1 Courthouse Square, Carlisle, PA 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) II 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 "Tw?1e '?il; ~ Date llU~ Turo Law Offices 2B South Pitt Street Carlisle, PA 17013 (717) 245-96BB Attorney for Plaintiff s"? ,..~, 0 C':> <;;.:.:' -n , c...n c_ --l S:~;~,; :r -n nl r':"~ =g ;T~; r" C] , -J -:~; , C) :.'? :,;'.; -", ;:--s ",,' c' N , " ~~l ":'-, -l~- ---~ ~D -(, u:> .....:" WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due CUMBERLAND - FRANKLIN JOINT MUNICIPAL AUTHORITY Plaintiff (s) From KRISTY M. GREEN, 3 BARRY CIRCLE, SHIPPENSBURG, PA 17257 NO 05-3143 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY, INCLUDING FURNITURE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $2,619.38 Interest LL50 Atty's Comrn % Atty Paid $36.75 ptaintiff Paid Date: 6/27/05 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) -1.J . rY) -L.s By: I . ..I ~ .0 Deputy REQUESTING PARTY: Name RICHARD KOCH Address: 28 S PITT ST CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-9688 Supreme Court ID No. 92956 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL So Answers; 18.00 1.50 Advance Costs: 150.00 Sheriffs Costs 76.54 73.46 50 1.00 14.80 Refunded to Attyon 01113/06 20.00 20.00 .74 76.54 Sworn and Subscribed to before me '" ~ "" ~"tItt!4, "" '- -c. ~ I 2006 A.D. prothon ~ f? '" '=:-.:.' = /!.d1" lbLh; ~ R. Thomas Kline, Sheriff By , ~J('I DE :E L' ;, 'J -- ',,'. :~_:L 1.,f'J) " ,'^ :;.A 5G i '-'<.. G2i.u 1'13 Ds"l WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3143 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND. FRANKLIN JOINT MUNICIPAL AUTHORITY Plaintiff (s) From KRISTY M. GREEN, 3 BARRY CIRCLE, SHlPPENSBURG, PA 17257 (I) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY, INCLUDING FURNITURE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) tbe garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,619.38 Interest L.L50 Atty's Carom % Atty Paid $36.75 Plaintiff Paid Date: 6/27/05 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ~O~t.tar"l . .rL) Jv By: I" ./ ,.)1' ~-O . Deputy REQUESTING PARTY: Name RICHARD KOCH Address: 28 S PITT ST CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-9688 Supreme Court ID No. 92956