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HomeMy WebLinkAbout02-2132GRIFFIE & ASSOCIATES, Plaintiff VS. TERESA STROHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I, Bradley L. Griffie, Esquire, of Griffie & Associates, pursuant to the warrant contained in the subject Note, a copy of which is attached hereto, hereby appear on behalf of the above Plaintiff and confess judgment in favor of the Plaintiff and against the named Defendant in accordance with the Complaint, in the amount of $16,750.00, together with costs, interest, and fees as may be allowed in the Note. DATE: GRIFFIE & ASSOCIATES B~ire '~,~'200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 GRIFFIE & ASSOCIATES, Plaintiff VS. TERESA STROHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CONVESSION OV JtmG Nr COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, Griffie & Associates, hereby files the within Complaint, averring as follows: 1. Plaintiff, Griffie & Associates, is a sole proprietorship law practice having its principle office at 200 North Hanover Street, Carlisle, Pennsylvania. 2. Defendant, Teresa Strohm, (hereinafter referred to as "Strohm") is an adult individual whose current address is 114 Fourth Street, Boiling Springs, Cumberland County, Pennsylvania. 3. On or about March 28, 2002, Defendant executed and delivered to Plaintiff a Note in the principal amount of $16,750.00. A true copy of the said Note is attached hereto and incorporated herein as Exhibit "A". 4. The said Note has not been assigned by Plaintiff. 5. Judgment has not been heretofore entered on the Note in any jurisdiction. 6. By the terms of the said Note, Plaintiff is entitled to confess judgment on the said Note upon default of the tea-ms of the Note. 7. Under the terms of the Note, Defendant was to provide for the disbursement of proceeds from her divorce proceedings through the Offices of Griffie & Associates, Plaintiff, who were authorized to deduct any and all sums due for services rendered in the said divorce proceedings. 8. The divorce proceedings have been concluded and at the time of disbursement of the various assets, there are insufficient liquid assets to pay the fees due and owing to Griffie & Associates pursuant to the terms of the Note. 9. As of the date of this Complaint, the principal balance of the Note is $16,750.00, and this balance remains due. WHEREFORE, Plaintiff hereby confesses judgment in the sum of $16,7500.00 as authorized in the warrant appearing in the attached Note, together with any costs, interest, and fees as provided in the said Note. Respectfully submitted, iCIATES Esquire r Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Esquire GRIFFIE & ASSOCIATES, Plaintiff VS. TERESA STROHM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. : CONFESSION OF JUDGMENT CERTIFICATE OF RESIDENCE I hereby certify that the residence of the within named Defendant, Teresa Strohm is 114 Fourth Street, Boiling Springs, Pennsylvania, 17007. (717 ~ire ;15e,rthpAH l~70v~; Street 243-5551 (800) 347-5552 $16,750.00 March.~_ . 2002 NOTE TERESA STROHM, of 114 Fourth Street, Boiling Springs, Cumberland County, Pennsylvania, ("Maker"), for value received and services rendered, hereby promises to pay to GRIIqrlE & ASSOCIATES, of 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, ("Payee"), the sum of SIXTEEN THOUSAND SEVEN HUNDRED FIFTY AND XX/IO0 ($16,750.00) DOI.I.ARS, payable on demand. This note is intended to serve as a lien against any assets or proc;ds received by Maker as a result of the divorce proceedings prosecuted against her focmer husband, Karl Marchut. Any disbursement of proceeds shall be made through Payee who is authorized to deduct any and all sums due and owing for services rendered on the divorce proceedings and an appropriate sum to be hdd in escrow to bo app~ed toward any future services to be rendered in concluding any collateral aspects of the divorce proceedings. In addition, this Note is intendad to serve as a lien against any assets or proc~ts of the Maker. This sum shall not accrue interest for the period ~ling December 31, 2002, but interest shall tben be charged at the rate of TWELVE (12%) PERCENT per annum for any sums r~malning due and owing for lc~al senfices r~ndered, unless the parties agree otherwise. Maker shall have th~ right of prepayn~nt of this Note, in whole or in part, at any time and from time to time, without pa~alty. This Note is intendad to compensate Payee for legal services rendered and, as such, the principal amount due hereinunder is not intended to exceed the balance due and owing to Payee on the last monthly billing forwarded by payee to Maker. AND FURTHER, MAKER DOES HF. REBY AUTHORIZE AND EMPOWER ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT, TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS/UDGMENT AGAINST MAKER IN FAVOR OF PAYE~F., FOR ALL SUMS DUE OR TO BECOME DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WiTH REASONABLE ATTORNEY FEES UP TO FIFTF~q (15) PERCENT OF ALT. SUMS DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND HEREBY VOLUNTARH.Y CONDEMN THE SAME, AND FURTHER AUTHORIZE THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF EXECUTION SAW) CONDEMNATION, AND THEY FURTHER AGREE THAT SAW) REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY HRREBY WAIVE AND RELEASE ALL RF.I.IEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A COPY VERWIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESArr) FROM TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR. THE REMEDIES OF THE PAYEE AS PROVIDRr~ HF. REIN SHALL BE CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY, SUCCESSIVF~LY OR TOGETHER AGAINST MAKR. R AND/OR ANY PROPERTY pl.Rr~F.r~ OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE SOLE DISCRETION OF PAYEE, AND SUCH RFMEDIES SHALL NOT BE EXHAUSTED BY ANY EX~RCISE THEREOF BUT MAY BE EXFRCISED AS OFTEN AS OCCASIONS THEREOF SHALL OCCUR. Maker hereby waives and releases ail errors, defects and imperfections in any proceedings instituted by Payee under the terms of this note, as well as. all benefit that might accrue to Maker by virtue of any present or future laws exempting any of maker's property, real or personal, or any pan of the proceeds arising from any sale of such property, from attachment, levy or sale under execution or providing for any stay of execution, exemption from civil process or extension of time for payment, as well as the right of inquisition on any real estate that may be levied upon under a judgment obtained by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on any writ of execution issued thereon, and agrees that such real estate may be sold upon any such writ in whole or in pan in any order desired by Payee. Maker waives presentment for payment, demand, notice of nonpayment, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note, and he agrees that his liability shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by an indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee; and maker consents to any and aH extensions of time, renewal, waiver or modification granted or consented to by Payee with respect to the payment or other provisions of this Note, and to the release of any property now or hereafter securing this Note with or without substitution, and agrees that additional makers, endorsers, 8uarantors or sureties may become parties hereto without notice to him or affecting his liability hereunder. Payee shall not by any act of omission or commission be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not pugghit~ 0r un~oforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provisions of this Note. The words "Payee" and "Maker" whenever oc, ogring herein shah be deemed and construed to include the respective successors and assigns of Payee and Maker. This instrument shah be construed according to and governed by the laws of the Commonwealth of Pennsylvania. THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTAlZH.Y UNCONDITIONALLY WAIVES ANY AND AI.I. KIGHTS THE I~IAKER HAS OR MAY HAVE TO P~OR NOTICE Al,rD A.Xl 'OPPOP. TLrNITy FOR. HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAws OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE MAKER FURTI-~.R REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A BUSINESS TRANSACTION, AND THAT MAK~.R HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION IN WITNESS WHF, REOF, Maker has duly executed this Note as of the day and year first above mentioned. WITNESS: TERESA STROHM DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ DAY OF ~q-/'j/k=- , 2002, A PROMISSORY NOTE FOR $16,750.00 OBLIGATING ME TO REPAY THAT [4MOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFrER A DEFAULT ON THE NOTE, wrrI-iOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTtiST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, IKrELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THI/ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S ENTERING JUDGMENT AGAINST ME ,. co ,slo , B. I FURTI4~R UNDERSTAND THAT IN ADDITION TO GIVING PAYRR. THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF ]IJDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT PAYEE, A~-i'P_M ENTRY OF JUDGMENT, TO EXEC-Yui'~ ON THE JUDGMENT BY FORECLOSING UI~N, ATTACHING, T.F-VYING ON, TAKING POSSESSION OF OR ~WISE SEIZING MY PROPERTY, IN PIJLL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED AJDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HI/ARING AFTER JUDGMEKr IS ENTERRD AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO PAYRR.'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITrED BY APPLICABLE STATE AND FEDERAL LAW. C. I WAS REPRESENTED BY MY OWN INDEPENDENT L~-GAL COUNSEL IN CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL ADVICE. 'i'P-~iESA STROHM (SEAL) COlVIMO~ALTH OF PENNSYLVANIA · : SS COUNTY OF CUMBERLAND ,2002, before me, the undersigned officer, personally appeared Teresa Strohm, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i Notarial Seal Ka.r. is.a J. Leh_man, Notary Public · C~nisle Bore, (.;IJmberlal~ County my [Jommlssion Expires Aug. 25, 2003