HomeMy WebLinkAbout06-6433t- -%
JUDGMENT NOTE
AMOUNT: $100,000.00
a- ?,y33 &ZAi
DATED: October 27, 2006
We, the undersigned, GEORGE A. STAMBAUGH and SHIRLEY STAMBAUGH of 3419
Rittner Highway, Newville, Pennsylvania 17241, promise to pay to the order of J. EDWARD
CLOUSE, of 2075 Rittner Highway , Carlisle, Pennsylvania 17063, the principal sum of One
Hundred Thousand and 00/100 Dollars ($100,000.00), without defalcation, in a single lump sum
payment on October 27, 2011, at an annual interest rate of fourteen percent (14%) in Sixty (60)
monthly interest payments in the amount of One Thousand One Hundred Sixty-six and 67/100
Dollars ($1,166.67) due on the first day of each month until repayment of the principal amount in
accordance with the terms set forth above. In the event that any such monthly payment is not paid
before the eighth day of each month it shall be subject to a late payment fee of Sixty Dollars
($60.00).
And further, we do hereby authorize and empower the Prothonotary or any attorney of any
Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against us for the
above sum, with or without declaration, with costs of suit, release of errors, without stay of
execution, and with fifteen (15%) percent added for collection fees; and we hereby agree not to make
any motion or any application whatsoever to any Court for an inquisition on any real estate that may
be levied upon to collect the aforesaid sum, and we voluntarily condemn same, and authorize the
Prothonotary to enter said voluntary condemnation upon the Writ of Execution; we further agree that
any property, real, personal or mixed, may be sold through a Writ of Execution, and further, hereby
waive and release all relief from any and all appraisements, stay or exemption laws of any state now
in force or which are passed hereafter.
THE UNDERSIGNED agree and acknowledge that the rights granted herein to any holder
of this Note shall not be exhausted by a single entry of judgment, and that judgment may be entered
hereon from time to time and any number of times, and in any jurisdiction or number of jurisdictions,
so long as any sum or sums payable hereunder by the undersigned remain unpaid and uncollected
by such holder.
THE UNDERSIGNED, specifically authorize the entry of judgment against them and
waive any rights that they may have preventing the entry of judgment or requiring that notice
first be given to them, intentionally, understandingly and voluntarily doing so.
Witness my hand and seal the day and year first above written.
Signed, sealed and delivered
r
DISCLOSURE FOR CONFESSION OF JUDGMENT
We are executing, this 27th day of October, 2006, a Confession of Judgment Note for One
Hundred Thousand and 00/100 Dollars ($100,000.00) obligating us to repay that amount upon the
terms of the attached Judgment Note.
Initial/" S5
We understand that the Note contains wording that would permit J. EDWARD CLOUSE to
enter Judgment against us at the Courthouse, whether or not said Note is in default, without notice
to us and without offering us an opportunity to defend against the entry of the Judgment, and that
the Judgment may be collected by any legal means.
Initials.
In executing the Note, we are knowingly, understandingly and voluntarily waiving our rights
to resist the entry of Judgment against us at the Courthouse, and are consenting to the Confession
of Judgment.
Initials, ?
We certify that our annual income does/does not exceed $10,000.00 and that this disclosure
was completely filled in when I initialed and signed it, and that I received a copy of it at the time of
signing.
Initials '<?L
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J. EDWARD CLOUSE,
Plaintiff
vs.
GEORGE A. STAMBAUGH
and SHIRLEY STAMBAUGH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No: 2006-06433
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the above Judgment satisfied.
Respectfully Submitted,
Date: 7 (/
By:
&ieshore, Esquire
Attorney ID # PA 31979
130 State Street, P.O. Box 946
Harrisburg, PA 17108-0946
717-236-0781, Fax: 717-236-0791
MBeshore@beshorelaw.com
00007000. WPD; v l
OF ME P"7-"-)N'OTARY
2009 APP -8 AM If: 50
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dirt. of CUMBERLAND
Date of Order/Notice 04/14/09
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
THOMAS, THOMAS, & HAFER
305 N FRONT ST
HARRISBURG PA 17101-1216
175-52-5520
Employee/Obligor's Social Security Number
7634101600
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$
$
$ 1,509.00
0.00
0.00
$ 0.00
$ 4,500.00
$ 0.00
$ 0.00
$ 0.00
per month in current child support
per month in past-due child support
per month in current medical support
per month in past-due medical support
per month in current spousal support
per month in past-due spousal support
per month for genetic test costs
per month in other (specify)
705107911
1081 S 2005
06-5433 CIVIL
O Origi nal Order/Notice
OAmended Order/Notice
OTerminate Order/Notice
(Done-Time Lump Sum/Notice
RE: SPEAKER, PETER J.
Employee/Obligor's Name (Last, First, MI)
Arrears 12 weeks or greater? O yes ® no
one-time lump sum payment
for a total of $ 6 , o o 9.0 o per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 1386-69 per weekly pay period. $ 3, 004. 50 per semimonthly pay period
(twice a month)
$ 2773.38 per biweekly pay period (every two weeks) $ 6, 009.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania taw (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT: is
DRO: R. J. Shadday
Service Type M
OMB No.: 0970-0154
A. Hess, Judge
Form EN-028 Rev. 4
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
El If gheckefl you are required to provide a?opy of this form to yourvloyee. If yovemployee orks in a state that is
di Brent rom the state that issued this or SW y copy must be provi eeccii your employee even if tie box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3. * Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2516436340
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : E3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME: SPEAKER, PETER J.
EMPLOYEE'S CASE IDENTIFIER: 7634101600 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320
CARLISLE PA 17013 by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev. 4
Service Type M OMBNo.:0970.0154 Worker ID $IATT
4 •
ADDENDUM
Summary of Cases on Attachment
DefendanVObligor: SPEAKER, PETER J.
PACSES Case Number 295110608
Plaintiff Name
MICHELLE M. SPEAKER
Docket Attachment Amount
06-5433 CIVIL$ 4,500.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Addendum
Service Type M OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Form EN-028 Rev. 4
Worker ID $IATT
FIE ED-0,-f:-iCE.
CF TNT: P '79-`ONOTARY
2009 APR 15 PM 3: 08
CUN,