The URL can be used to link to this page

Home My WebLink About02-1351APRIL K. BERZINEC, Plaintiff GREG G. BERZINEC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : IN CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note, 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 follows: Unpaid Judgment Amount $22,226.93 Attorneys Fees of 15% BALANCE DUE FROM DEFENDANT 3,334.04 $25,560.97 DATED: March 18, 2002 Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. Eenstermacher Court I.D. #29940 mery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA GREG G. BERZINEC, Defendant DOCKET NO. <~.}. -/2,.¢'~ 2~c>'~ ~ ~7-~ · IN CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, by her undersigned attorneys, the Offices of Fenstermacher and Associates, P.C., and files the within Complaint upon a cause of action of which the following is the statement: 1. Plaintiff, April K. Berzinec, is an adult individual with an address of 5124 Erb's Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Greg G. Berzinec, is an adult individual with an address of 6113 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant are parties to an action in divorce in Cumberland County, Pennsylvania, docketed to No. 01-2991. 4. On or about March 14, 2002, as part of a Settlement Agreement reached during a Master's Hearing with respect to the divorce action, Defendant executed a written Promissory Judgment Note ("Note"). A true and correct copy of the Note is attached hereto as Exhibit A, incorporated herein by reference and made a part hereof. jurisdiction. Judgment has not been entered for money on the Note in any 6. On information and belief, the Plaintiff avers that the Defendant is not a member of the Armed Services. 7. Under the terms of said Note, the full amount of $22,226.93 is due and payable immediately, bearing interest at the annual rate of ten (10%) percent. 8. By virtue of the Note's provisions, Plaintiff is entitled to and does hereby make demand upon Defendant for immediate payment of the above-mentioned sum and applicable interest charges. 9. On information and belief, Defendant has an annual income in excess of $10,000.00. WHEREFORE, Plaintiff demands judgment in the sum of $22,226.93 authorized in the attached Note, together with costs and interest on the sum of the unpaid balance at the lawful rate until payment. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. B~hn R. F~nstermacher ~._..~upreme Court I.D. #29940 Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: March 18, 2002 EXHIBIT 'A' __03/].4/02 ~ ~.$:.1.5 F.~ 717 691 5441 FENS'~'~R}~.C~R {~002 PROMISSORY JUDGMENT NOTE FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND, Greg G. Berzine~, having an address of 6113 Westover Drive, Mechanicsburg, Pennsylvania 17050 (hereinafter whether singular or plural called the "Maker'3 promises to pay April K. Berzinec, having an address of 5124 Erb's Bddge Road, Mechanicsburg, Pennsylvania, 17050 (hereinafter sailed the "Holder") the sum of Twenty-two Thousand Two Hundred Twenty-slx Dollars and 931100 Cents ($22,226.93) lawful money of the United States of America. The principal advanced by Holder to Maker is in conneation with resolution of a marital property dispute and shall bear interest at the annual rate of Ten (10%) percent. · The full amount is due and payable immediately, and no default Is required to enforce this Note and/or obtain judgment thereunder. Maker does hereby empower the prothonotary, dark of court or any attomey of any court of record in the Commonwealth of Pennsylvania, if this Note Is not paid when due, to appear for it and, with or without declaration filed, cenfess judgment against it for the above sum with costs of suit, release of errors, and without stay of execution, and with fifteen (15%) percant added as part of the judgment for attomey's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which Is Incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. The failure of Holder to declare this Note due and payable on the Maturity Date shall not constitute a waiver of any of Holders remedies, and the same shall be available to Seller until such time as this Note is setisr~d. The words "Holder" and "Maker" whenever oocurring herein shall be deemed and construed to include the respective heirs, successors and assigns of Holder and Maker, and the term "Maker" shall be deemed and construed to include the singular, as well as the plural, and the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. 03/14/02 ,£~t~r 15:16 FA~ 717 691 $441 FENSTEI/~ACg~R ~]003 WITNESS: IN WITNESS WHEREOF, Maker has duly executed this Note this /( day , 2002. MAKER: A. I clearly and specifically understand that by signing the foregoing Promissop/Judgment Note dated even date herewith in the amount of Twenty-two Thousand Two Hundred Twenty-slx Dollars and 931100 Cents ($22,226.93) (the "Note"), payable to April K. Berzinec, (hereinafter the "Holder") which contains a confession of judgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor which will give the Holder a lien upon any real estate which I may own, including my home. 2. I will give up the right to any notice or opportunity to be heard pdor to the entry of this Judgment on the records of the court. 3. I will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff's sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorneys' fees and costs which I will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note which gives the Holder the rights enumerated above. .03/14/02 '.t*titJ* 16:16 F.-k,T. 717 691 6441 I~NSTER)L~Cm~.R ~004 B. IF I PO NOT SIGN/~ NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE. I UNDERSTAND ! WOULD HAVE THI~ FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property ~an be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to the opening or.stalking off a confessed judgment. C. I fully and completely understand these rights which I have received prior to signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the Note. Nevertheless, I freely and voluntarily choose to sign the Note, my Intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of $10,000.00 or more per year. ' WITNESS: I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS G~.-Berz. in~o '~/ -- VERIFICATION I, April K. Berzinec, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: ..~-/8-~)~- APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. GREG G. BERZINEC, Defendant : IN CONFESSION OF JUDGMENT CERTIFICATE OF RESIDENCE proceeding is: I hereby certify that the address of the Plaintiff in the foregoing matter is: April K. Berzinec 5124 Erb's Bridge Road Mechanicsburg, PA 17055 I further certify that the last known address of the Defendant in the within Greg G. Berzinec 6113 Westover Drive Mechanicsburg, PA 17050 FENSTERMACHER AND ASSOCIATES, P.C. ~enstermacher Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: March 18, 2002 APRIL K. BERZINEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. GREG G. BERZINEC, Defendant : IN CONFESSION OF JUDGMENT AFFIDAVIT OF MAILING Being first duly sworn according to law, John R. Fenstermacher, attorney for the Plaintiff, April K. Berzinec, hereby deposes and says that he mailed the Notice of Entry of Judgment By Confession in the above-captioned case, a copy of which is attached hereto, by first class mail to the Defendant at his last known address at 6113 Westover Drive, Mechanicsburg, Pennsylvania 17050, all in accordance with Pa. R.C.P. 2958. DATED: March 18, 2002 SWORN TO AND SUBSCRIBED before me, a Notary Public this ~ day of March, 2002. ~ Public 4) My Commission Expires: (SEAL) ............ NOTARIAL SEAL 1 CONNII[ R, SHULTZ, I~ Put~c I ~ Mechanl~eburg, Cumbeda~l ~ L. My C~mlaamn Expires Audi. 19, 2002 FENSTERMACHERAND ASSOClATES, P.C. BY~enstermacher upreme Court I D #29940 ~,,,,~__.up_reme ( . . Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg. PA 17050 (717) 691-5400 Attorney for Plaintiff