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Home My WebLink About06-4003 j , . ~-- II CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff v. JUDI L. BLOSSER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO_ 06- .i/a>-3 CNlL TERM : CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or copy of which is attached to the complaint filed in this action, I appear for the endsnt and confess judgment in favor of the plaintiff and against defendant as ollows: Principal Sum her authorized items: Court costs, sheriff costs, additional collection fee Interest ttorney fees otal .'t~ $ 1,470.81 $ 390.12 $ 44.10 ~ 400.00 $ 2,305.03 /J 1f$~ Attorney for Defendant I , .. III. ( II CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- <{1(J3 CIVIL TERM JUDI L. BLOSSER, 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, Judi L. Blosser, is an individual residing at 29 Highland Avenue, 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 January 10, 2006. II I , .t 4 9. The amount due is comprised of several sums, as itemized herein: $1,470.81 $ 44.10 $ 220.62 $ 169.50 J 400.00 $2,305.03 principal outstanding interest at 6% authorized additional collection fee court and sheriff costs attorney fees total Therefore, Plaintiff demands judgment in the amount of $2,305.03, as authorized by the warrant. Respectfully Submitted TURO LAW OFFICES 'Za::J6 ~Cb I a ~re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff -- CFJMA 71758tiallill 01108/05 0S,lZ~ P ;1 '.... I A , PROMISSORY NOTE $ /J,()O() va Dated: FOR VALUE RECEIVED, the undersigned Obligor, who resides at t , Pennsylvania, ("Obligor") mises to pay to the order of Cumberland-Franklin Joint Municipal Authority ("CFJMA j, a municipal authority which O\mS and openUes a public sewer system, wi2hoffices located at 725 Municipal Drive, Sbippensburg, Pennsylvania, the sum on ,:j)(X) for fees required to hook up to CFJMA's public sewer as ~uired by law_ Such fees will be paid in dl ~ consecutive monthly installments of $ ~ ()O each, and installments be applied first to interest at the rate of six percent (6.0010 per annum on the unpaid principal balance, and the remaining portion of each such installment to reduce principal, with said monthly 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. 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 delivery 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 insta1Jment 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 authorizts 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: 1. 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 .-' ~ . CFJMA 7175822880 "I ~1/~a/06 08l12pm P. 008 ,/ 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 fwther 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 INTENTIONALLY, KNOWINGLY AND VOLUNTARD..Y PERMITI1NG A JUDGMENT TO BE FILED AGAINST YOU IN THE EVENT YOU FAIL TO MAKE PAYMENTS OR 00 NOT HONOR THE CONDITIONS SET FORm IN THIE AGREEMENT, REGARDLESS OF WHETHER YOU HAVE A REASON FOR NOT MAKING PAYMENTS FOR HONORING THE CONDmONS. 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. 7H+', \.--.,/ - ~~mr;{L ~ COMMONWEALTH OF PENNSYLVANIA ss, COUNTYOF ~x.u Ij~J . On this ~ j day of ~{.~ ~ ~OD"5 . before me, the undersigned officer, personally appeared . L 61;;(: r , known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instnnnent, and acknowledged that helshe executed the instrument for the purposes contained in it. IN WITNESS WHEREOF, I hereto set my hand and official seal, ~, ~~~kU Public AIIIAL EM. \lSAUUIlEllS lIOTNlfMlJ..m rcoJ:r"~=I' 280' - , , . n '"'" C) =" c_ e,'::;; -f'j ,':-/" rC. --;-' '- '-. (:-:: F.l ~ , ~ ~ , r-.- ~ ~ - ~ ~ ,[:- '" ~ -,:- \ '\ -... ~ :~J '- \. "" " -!"-. ~ ,-.-,..., ~ -.-- ;:< >\ . c,) t ~ \~ w ~ . '- )J "I .,J -- v. : IN THE COURT OF COMMON : PLEAS, CUMBERLAND : COUNTY, PENNSYLVANIA : NO. 06- 4~3 CIVIL TERM : CONFESSION OF JUDGMENT : FOR MONEY CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff JUDI L. BLOSSER, Defendant PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) Directed to the Sheriff of Cumberland County; (2) Against Judi L. Blosser, defendant; (3) And enter this writ in the judgment index against Judi L. Blosser, defendant; (4) Amount due J 2.305.03; (5) Levy against movable personal property, including furniture, and vehicle(S) of the defendant to satisfy a judgment of $2,305.03 at defendant's property located at 29 Highland Avenue, Shippensburg, PA. SiAl!J /~)ZCOb Date ~a- Turo Law Olfi~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ---- ", " ~ 'I' r-" ,~'} 1:0 ':'h .:;:<" '- c::::. ~-:..... #l""- .. - .l- ~ -c'~ -- .- r":? - c , .~ 'II II I Certification certify that his praecipe is based upon a judgment entered by confession, and Notice will be served with the writ of execution pursuant to Rule 2958.3, UJ&Jt: -~/~ / I ar ~Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ----- , " (J)' \:)% ~~ ~~ w -.,J "- "'- . ~ (r; ~ _ t ~, ~ ~ ~ .\ , . ~'~ .-.' CC::> C) ~~2. .-., C-~ .-I ('__ :J:-n 'l".\~ )<~~ -- ., C~:' ~' ..... ~ "--',, P"," I!I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-4003 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 Judi L, Blosser (I) You are directed to levy upon the property of the defendant (s)and to sell levy against movable personal property, including furniture, and vehicle(s) of the defendant to satisfy a judgmeut of $2,305.03 at defendant's property located at 29 Highland Avenue, Shippensburg, PA, (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 of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,305.03 Interest Ally's Comm % Ally Paid $37.00 Plaintiff Paid Date: July 14, 2006 L.L.$.50 Due Prothy $1.00 Other Costs ~ CURTIS R. LONG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name Richard Koch, Esq. Address: Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 Attorney for: Plaintiff Telephone: 717-245.9688 Supreme Court ill No, II 'I , - , . . v. : IN THE COURT OF COMMON : PLEAS, CUMBERLAND : COUNTY, PENNSYLVANIA : NO. 06- ~ CIVIL TERM : CONFESSION OF JUDGMENT : FOR MONEY CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff JUDI L. BLOSSER, Defendant Notice Under Rule 2958.3 of Judgment and Execution Thereon Notice of Defendant's Rights To: Judi L. Blosser, Defendant A judgment in the amount of $2.305,03 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 tha 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 'I .fI' - . , 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 Ttd'A {~ ~ ~I ~cha , Turo Law Offices 28 South Pill Street Cartisle, PA 17013 (717) 245-9688 Attorney for Plaintiff :11 ("" ,"4 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Rule 2958.3 Notice, upon the defendant, by depositing same in the United States'Mail, first class mail, postage prepaid, on the 13th day of July, 2006, from Carlislei Pennsylvania, addressed as follows: JudiL.BIosser 29 Highland Avenue Shippensburg, PA 17257 , RESPECTFUllY SUBMITTED, TURO LAW OF ICtS R' , 2 South Pitt S t Carlisle, PA 17013 (717) 245-9688 10# 92956 ,,; >, , '.' " i- ,- ....... r--.., r<:;-~ <.:.:) ..;'" o "n :;::J i"Ii ~7] c..... r-'- , '"' I:::;::.! in