The URL can be used to link to this page

Home My WebLink About06-5871 rr ~ UMBERLAND-FRANKLlN JOINT UNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v : NO. 06- C'P'lf CIVIL TERM ILLlAM A. KLUSMAN, JR. and ICHELE M. KLUSMAN, Defendants : 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 efendant and confess judgment in favor of the plaintiff and against defendant as ollows: ther authorized items: Court costs, sheriff costs, additional collection fee $ 848.68 $ 296.80 rincipal Sum otal $ 50.92 .$ 400.00 $ 1,596.40 ~~~ ictiard och, Esquire Attorney for Defendant CJc t- b Z- 00 ~ 4l .. rr CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- Sf 71 CIVIL TERM WILLIAM A. KLUSMAN, JR. and MICHELE M. KLUSMAN, Defendants : 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, William A. Klusman, Jr. and Michele M. Klusman, areHusband and Wife, residing at 29 Highland Avenue, Shippensburg, PA 17257. 3. Plaintiff avers that a true and correct reproduction of the original instrument showing the defendants' signatures 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 defendants are in default of the instrument terms sufficient to warrant a confession of judgment. .- ." [I 8. The instance of default was failure to pay the installment due by August 10, 2006. 9. The amount due is comprised of several sums, as itemized herein: $ 848.68 $ 50.92 $ 127.30 $ 169.50 $ 400.00 $1,596.40 principal outstanding interest at 6% authorized additional collection fee court and sheriff costs attorney fees total Therefore, Plaintiff demands judgment in the amount of $1,596.40, as authorized by the warrant. roLfubP10,VJO~ Date I Respectfully Submitted TURO LAW OFFICES Ri hartj Koch, Es uire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff .Sep 28 06 10:49a Cumberland Franklin Joint 7175322880 p.2 . . PROMISSORY NOTE $ d,DCO cD Dated ~/fL lei-I ~ coS , 1\ FOR VALUE RECEIVED, the undersigned Obligor, ' i I ( · j. I ~ ~&,-,J'1. who resides at \ ID ~ J , Pennsylvania, ("Obligor") proIDlses to pay to the 0 der of Cumberland-Franklin Joint Municipal Authority ("CFJMA"), a municipal authority which owns and operates a public sewer system, Vl(ith offices located at 725 Municipal Drive, Shippensburg, Pennsylvania, the sum of$ ~bOO()J for fees rr,Quired to hook up to CFJMA's public sewer as required by law. Such fees will be paid in AI consecutive monthly installments of $ 16. Of) 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 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 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 (l0) 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 aU 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: 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 ,sep 28 06 10:50a Cumberland Franklin Joint 7175322880 p.3 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 FAIL TO MAKE PAYMENTS OR DO NOT HONOR TIIE CONDITIONS SET FORTH IN TIllS AGREEMENT, REGARDLISS OF WHETHER YOU HAVE A REASON FOR NOT MAKING PAYMENTS OR 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. '. W~/ll/L- .~ " u~ ~ .~ \ Ll...t -'f"\\. ~ u....:l YY'C<.i\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF d J~ A1//A J1,~ I . I ,. Jt<--" On this ~day of , 20~ qef<<?re me, the I undersigned offic~r, pe~sonally app ed . A-~"~ . tt, IHtI C::.Jr. known to me or satlsfactonly proven to the person whose name is subscribed 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. Nota~ ~~ . . . ~ ~ - ~ . -- NOTARIAL SEAL lIS~ E. SUDERS, NOTARY PU8l1C SOUTHAMPTON TWP., FRANKliN COUNlY MY COMMISSI()N EXPIRES MAY 10, 2007 rr .- CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND : COUNTY, PENNSYLVANIA v. : NO. 06- CIVIL TERM WILLIAM A. KLUSMAN, JR. and MICHELE M. KLUSMAN, Defendants : CONFESSION OF JUDGMENT : FOR MONEY Notice Under Rule 2958.3 of Judgment and Execution Thereon Notice of Defendant's Rights To: William A. Klusman, Jr. and Michele M. Klusman, Defendants A judgment in the amount of $1 ,596.40 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. rr .' . . YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) 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 dff) bfA/ b ,2 C06 Date [I.. ic ard Koc Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ~ . . ," CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Rule 2958.3 Notice, upon the defendant, by d~siting same in the United States Mail, first class mail, postage prepaid, on the -p-th day of October, 2006, from Carlisle, Pennsylvania, addressed as follows: William A. & Michele M. Klusman, Jr. 110 Helen Avenue Shippensburg, PA 17257 RESPECTFULLY SUBMITTED, TURO LAW OFFICES ~~diP~ ~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Pa. Bar 10# 92956 ~ 1 ~ 0 ......" f'..~ c:::,;, (J i:'~-::J c:.,-'" -1'1 ~ I " =;:j ''';1:0 tI) r- I r.j-; '- 0 m C7 ~ ~ 'Yi;J , , .' ..0 \) rl "~~ ~..- ~_) f; "b --- ~ " '';-! "- fA) :n ~ a --< , rr r- CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO. 06- 5' ~ 7/ CIVIL TERM WILLIAM A. KLUSMAN, JR. and MICHELE M. KLUSMAN, Defendants : CONFESSION OF JUDGMENT : FOR MONEY 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 William A. Klusman, Jr. and Michele M. Klusman, defendants; (3) And enter this writ in the judgment index against William A. Klusman, Jr. and Michele M. Klusman, defendants; (4) Amount due $ 1.596.40; (5) Levy against movable personal property, including furniture, and vehicle(s) of the defendants to satisty a judgment of$1,596.40 at defendants' property located at 110 Helen Avenue, Shippensburg, P A. {).cf. "I --toO/; ate I -1#~~ !-{ftf;d Koch, squire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Attorney for Plaintiff rr I certify that Certification This praecipe is based upon a judgment entered by confession, and Notice will be served with the writ of execution pursuant to R Ovtvb~ ~ 1AJO(; Date f I Fti K h,Esq e Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Attorney for Plaintiff ~ ~~ ~, ~ ~~ w 'Y t> ~ ~ ~t~<;\ . . ~ ..~ " , ,~ ,~ ~, ~' ~~ ~ ~ ~, Lv ~ C) ,......, f:-_--c.< 23 ~ Q'" r.'J.~ ;'i ~:.:I U1 ~ ... --< C) C} --1 I U) ::' ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5871 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 William A. Klusman, Jr. Michele M. Klusman (1) 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 defendants to satisfy a judgment of $1,596.40 at defendants' property located at 110 Helen 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 gamishee(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) 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 $1,596.40 Interest Atty's Comm % 1.1.$.50 Atty Paid $37.00 Plaintiff Paid Date: October 9, 2006 Due Prothy $1.00 Other Costs C (Seal) By: Deputy REQUESTING PARTY: Name Richard Koch, Esq. Turo Law Offices Address: 28 south Pitt Street Carlisle, P A 17013 Attorney for: Plaintiff Telephone: (717) 245-9688 Supreme Court ID No. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned Expired. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL ':\:~ " '~-0\ '));:.:'l " ~~_ tl , ..-:,-'<~ l/ '~':' '~\'J ~) 18.00 1.75 Advance Costs: 150.00 Sheriffs Costs 88.85 61.15 .50 1.00 17.60 Refunded to Attyon 01/26/07 30.00 20.00 ../ ;.lJ IJ ;1./ In CI- So Answers..; r~?Lt R. Thomas Kline, Sheriff ByeQ()II~~/ V\ '"<;) ~ 88.85 o c- <111:\ d I \ no qDUL ~ c~ "~ 2J .,..~;:;: . v l/ tJ1.- j 1). 1 0 fl.l.v / r K 4 Is ,r '; ,1; )1) I. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5871 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 William A. Klusman, Jr. Michele M. Klusman (1) 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 defendants to satisfy a judgment of $1,596.40 at defendants' property located at 110 Helen 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,596.40 Interest L.L.$.50 Atty's Comm % Atty Paid $37.00 Plaintiff Paid Date: October 9, 2006 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Richard Koch, Esq. Turo Law Offices Address: 28 south Pitt Street Carlisle, P A 17013 Attorney for: Plaintiff Telephone: (717) 245-9688 Supreme Court ID No. CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff v. WILLIAM A. KLUSMAN, JR. and MICHELE M. KLUSMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5871 CIVIL TERM Defendants ~ C O c-' __a cs ~_~ PRAECIPE ~' `~~ `~°° ~i ~~._ O ~ ;rn TO THE PROTHONOTARY: ~ ~ ~ _~ -, o ,- '..~'i~ c.. ;,' Please satisfy, settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURD LAW OFFICES ~1-0~,o I Date Ja a M. Robins n, Esquire 12 outh Pitt St et Carlisle, PA 170 (717) 245-9688 Attorney for Plaintiff