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HomeMy WebLinkAbout06-1244 JUDGMENT NOTE 0,= - !;)lji {l;u'l/~ . ( '.. YORK, PA DATE: JUNE 6, 2005 FOR VALUE RECEIVED, we, the undersigned, promise to pay to the order of JOHN H, MYERS & SON, INC. with interest at the rate of PRIME + 4 (MIN. 10%) (P+4%, MIN 10%) percent per annum, the sum of SEVENTEEN THOUSAND SEVENTY FOUR DOLLARS AND 50/100 DOLLARS, on or before SEPTEMBER 30, 2005 ($17,074.50) We also agree to pay interest at the rate of P+4, MIN 10%* after the entry of the judgment and/or the institution of any collection proceedings. If this Note is placed in the hands of an Attorney for collections, we agree to pay as a reasonable Attorney's fee Ten (15%) percent of the amount due and owing on this defaulted Note. In the event of default, to secure payment of this Note we will hereby authorize, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear for us in such Court, at any time before of after Maturity and confess a Judgment against us in favor of any holder of this Note without the filing of an Averment of Default, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, Attorney's fees, and costs as herein provided, and we hereby waive and release any and all benefits and relief from any and all appraisement, stay, or exemption laws of any State, now in force or hereafter passed. and seal (s) of the undersigned. WITNESS the hand(s) ~u ~ ~~ -N\~~ (' P~6E~~AN~CHAE~E~:EAL) MICHAEL BARRETT K~ W~ '~c (SEAL) (SEAL) * MINIMUM MONTHLY PRINCIPAL PAYMENTS OF $5,000.00 PLUS INTEREST. ,j. .. EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT AS REQUIRED 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 JUDGMENT. DATED: JUNE 6, 2005 AMOUNT: $ 17,074.50 . 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 annually. B~Tf\~r, MICHAt:LSE~kkRETT 1tSIQJ~ ~ / _ (SEAL) At: A/<./<. ~ June ~' 2005. ~~"'A~ :~T::~::::~~ ~ll~~ '.. .. __ f, h /0 9. Christin~~. ~~;e~, ~;t;~ Public . , Lower Paxton Twp., Cumberiand County My commission expire. June 2, 2009 Affirmed to and subscribed before me this ;. 7'/-A. da y of (SEAL) 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, at its discretion and in its favor in the event of default for non-payment, which entry will give the holder a lien as security for payment 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 undersigned 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 the Court records, understanding that the only method to challenge this judgment would be by proceedings in Court to open or strike lt, which proceedings would result in substantial attorneys fees which 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 opportunity for a hearing which the undersigned does not have by reason of the confession.) The undersigned acknowledge receipt of a copy of this affidavit and certify that after reading and fully understanding it, the undersigned have signed this affidavit intentionally, understandingly and voluntarily waiving all the above rlghts, being willing to slgn such note desplte the consequences set forth above. Affirmed to and subscribed 'f'\A ~~ (SEAL) BAH!{),;'l"l' COMPANY, MICHAEL BAB.RETT POCDE~1: before me this ~h.day MICHA)';~B.~ (SEAL) of q.uYl..P , , :005. ~~ (SEAL) NOTARY PUBLIC ~ ~ ,#: My co~ission expires ~ (.,/ ~09. . / . NOTARIAL SEAL Christine N. R()gers. Notary Pu!-t1ic Lower Paxton Twp., Cumberland County My commission expires June 2, 2009 Page 3 b?l:- ~ ~ ~ u - "'1:::... $:J ( r \) . r- . r- r ....... g} -",Jr:jl, \> ~ ---..., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN H. MYERS & SON, INC. :: File No. ()l.. -I :t4~1 ~t' f..,Y ~ VS. BARRETT COMPANY, MICHAEL BARRETT AND KIMBERLY BARRETT PLAINTIFF'S AFFIDA VIT/A 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)(l). I certify that this judgment is not being against a natural person in connection with a residential lease. DATE: March 2. 2006 Signature: The above certification is made subject to the penalties of 18 P. . 4904 relating to unsworn falsification to authorities. Print Name: GaL. EVELER, III Plaintiff/Attorney for Plaintiff Address: 101 South Duke Street York,PA 17403 Telephone: 845-2757 Supreme Court ID No.: 38508 ~..- .~ ._1 c OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CURTIS R. LONG PROTHONOTARY TELEPHONE (71 7) 240-6195 CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYL VANIA I7013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF: John H. Myers & Son, Inc. versus DEFENDANT: Barrett Company, Michael Barrett and Kimberly Barrett 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 is: 429 So. 18th Street, Camp Hill, PA 17011 GEO R, III, ESQUIRE No. 385 8 Attorney for Plaintiff EVELER & EVELER, LLC 101 South Duke Street York, PA 17403 (717) 845-2757 ,- .i L_" ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF : NO. ()~ -1.2.4i C;0~L ~~ VS. BARRETT COMPANY, MICHAEL BARRETT AND KIMBERLY BARRETT DEFENDANTS : NOTICE OF FILING JUDGMENT ( X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of$I7,074,50 on fY/':;Iflr /... ~ ,2006. ( X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. by: If you have any questions regarding this Notice, please contact the filing party: NAME: GEORGE L. EVELER, III, ESQUIRE NO. 38508 ADDRESS: 101 SOUTH DUKE STREET YORK,PA 17403 TELEPHONE NO.: (717) 845-2757 Notice sent to: NAME: BARRETT COMPANY MICHAEL BARRETT AND KIMBERLY BARRETT ADDRESS: 429 SO. 18TH STREET CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF : NO. 06-1244 CNIL TERM VS. BARRETT COMPANY, MICHAEL BARRETT AND KIMBERLY BARRETT 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 settled and satisfied. ,.' GEO GE L. R, III, ESQUIRE NO. 38 EVELER & EVELER, LLC 101 SOUTH DUKE STREET YORK,PA 17403 (717) 845-2757 April 20 ,2006 ,."..\ ,;.."