The URL can be used to link to this page

Home My WebLink About02-2860UPPER ALLEN TOWNSHIP, Plaintiff V. KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS / · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - No. ~2- ~2~ CONFESSION O Defendant CONFESSION OF JUDGMENT By virtue of the authority conferred by the Promissory Not, attached to the Complaint filed in this action, I appear for the Del judgment in favor of the Plaintiff and against the Defendant as fo $ 31,470.12 Unpaid Principal on Promissory Note, dated September 2001 Attorneys' Fees Costs 1,500.00 14.50 $ 32,984.62 Wi iller, Jr. Anthony E. Marrone 1822 Market Street Camp Hill, PA 17011 Attorney ID #'s 07720, (717) 737-9210 Total Attorneys for Plaintiff b of the authorization co~ in Promissory Note AW JUDGMENT a copy of which is endant and confess lows: .8182 virtue Iained UPPER ALLEN TOWNSHIP, Plaintiff V. : IN THE COURT OF C~ : CUMBERLAND COU~ CIVIL ACTION - No. Oc~"" ~ KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS CONFESSION O Defendant COMPLAINT 1. Plaintiff, UPPER ALLEN TOWNSHIP, is a first-clas ity organized and existing in accordance with the laws of the Cor Pennsylvania and having its principal offices located at 100 Gett Mechanicsburg, Upper Alien Township, Cumberland County, PA 2. Defendant, KLP ENTERPRISES, INC., t/d/b/a LINI APARTMENTS, is a Pennsylvania business corporation, having located at 1101 Lindham Court, Apartment 704, Mechanicsburg, Cumberland County, PA 17055. 3. On or about September 2001, Defendant, for good ation made, executed and delivered a Promissory Note to Plainti Seventy-Seven Thousand Three Hundred Thirty-Eight and 12/1 ($77,338.12). A true and correct copy of said Promissory Note made a part hereof and marked Exhibit "A". 4. The Promissory Note referred to in Paragraph 3 a assigned by Plaintiff to any person or organization. )MMON PLEAS OF ITY, PENNSYLVANIA AW JUDGMENT township municipal- monwealth of tsburg Pike, 17055. )HAM COURT its principal offices Upper Allen Township, and valuable consider- ff in the amount of )0 Dollars ~ attached hereto, ove has not been 5. Judgment has not been entered on the Promissory Paragraph 3 above in any jurisdiction. 6. The Promissory Note provides that in the event De~ default in making any installment payment due under the Promis~ of ten (10) days or more, the remaining unpaid balance shall bec and payable in full. 7. The Promissory Note provides that Plaintiff may co~ Defendant for the aggregate amount of principal on said Promis., together with costs of suit and with attorneys' fees. 8. Defendant has failed to make its payment of $11,4( 31 May 2002. Unpaid Principal on Promissory Note, dated September 2001 Attorneys' Fees Costs Total As of 11 June 2002, Defendant is indebted to Plait $ 31,470.12 1,500.00 14.50 $ 32,984.62 10. Plaintiff has been advised and, therefore, avers th~ the Promissory Note referred to in Paragraph 3 above for businE 11. Plaintiff has been advised and, therefore, avers th~ Defendant's income exceeds $10,000. ~lote referred to in ~ndant should be in ;ory Note for a period ~)me immediately due ~fess judgment against ory Note as is unpaid, ~7.00 due on or before iff as follows: Defendant executed ss purposes. t the corporate 12. The Judgment is not being entered by confession a person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defen~ Thirty-Two Thousand Nine Hundred Eighty-Four and 62/100 Doll together with interest as may hereafter accrue and costs of suit. MILLER & ASSOCIATE~ William E. Miller, Anthony E. Marrc 1822 Market Strc Camp Hill, PA 17 Attorney ID #'s 0~ (717) 737-9210 Attorneys for PI~ Township Dated: 12 June 2002 ainst a natural ant in the sum of ars ($32,984.62), ;, PC Jr. ne ;t 311 '720,48182 intiff, Upper Allen VERIFICATION The undersigned, MARK E. LEWIS, hereby verifies and 1. He is President of the Board of Commissioners of TOWNSHIP, Plaintiff herein; 2. He is authorized to make this Verification on its be 3. The Facts set forth in the foregoing Complaint are t best of his knowledge, or information and belief; and 4. He is aware that false statements herein are made of 18 Pa. C.S. §4904, relating to unsworn falsification to authoril Dated: ~//~/~ ~ tates that: ~PER ALLEN iIf; rue and correct to the subject to the penalties les. MAF~K 06/12/2002 02:42 71773792i5 MILLER ASSOCIATES PROMISSORY NOTE $77,338.12 Mechan Sept FOR VALUE RECEIVED, KLP ENTERPRISES, INC. t/d/t APARTMENTS, a Pennsylvania business corporation, of 1101 Linc 704, Mechanicsburg, Upper Allen Township, Cumberland ( (hereinafter the "Maker"l. promises to pay to UPPER ALLEN TOWI~ first class township, with its principal office at 100 Gettysburg Pike, I Allen Township, Cumberland County, Pennsylvania, or its s~ (hereinafter the "Payee"), the principal sum of Seventy-Seven Thc Thirty-Eight and 12/100 Dollars ($77,338.12) lawful money of the Un payable in installments on or before the dates stated: $11,467 paid on or before 30 September 20( $11,467 paid on or before 30 November 200' $11,467 paid on or before 28 February 2002 $11,467 paid on or before 31 March 2002 $11,467 paid on or before 31 May 2002 $20,003.12 Final Balloon Payment paid on o~ The Maker has the privilege to prepay the principal in whole or in p~ without penalty. In the event the Maker should be in default in payment due hereunder for a period of ten (10) days or more. balance shall become immediately due and payable in full. PAGE icsburg, Pennsylvania ~mber ,2001 ,la LINDHAM COURT ham Court, Apartment ;ounty, Pennsylvania SHIP, a Pennsylvania ~lechanicsburg, Upper ~ccessors or assigns usand Three Hundred ed States of America, 'before 30 June 2002 ~rt at any time or times naking any installment the remaining unpaid The Maker hereby waives presentment, protest, demand, nc ice of nonpayment and all other notices in connection with the delivery, acceptance, performance or enforcement of this Note. Any failure or delay of the Payee to exercise any nght hereunder shall not be construed as a waiver of the right to exercise the same or any pther right at any other time or times. The waiver by the Payee of a breach or default of aqy provision of the Note shall not operate or be construed as a waiver of any subsequent br~ach or default thereof. The Maker agrees !o reimburse the Payee for all reasonabllle expenses, including reasonable attorneys,fees, incurred by the Payee to enforce thelprovisions of this Note and collect the Maker s obligations hereunder. / ...... MAKER IRREVOCABLY AUTHORIZES AND EMPOWER: ANY COURT OF RECORD TO APPEAR FOR MAKER IN ANY THE OCCURRENCE OF AN EVENT OF DEFAULT HEREUND WAIVE THE ISSUANCE AND SERVICE OF PROCESS AND TO C JUDGMENT AGAINST MAKER AND IN FAVOR OF PAYEE FOI ~ ANY ATTORNEY OF SUCH COURT (UPON ER) AT ANY TIME TO ONFESS AND ENTER SUCH AGGREGATE 82/83 06/12/2002 02:42 7177379215 NILLER ASSOCIATES AMOUNT AS IS UNPAID, TOGETHER WITH COSTS AND A-I-I-OR~ HEREBY RATIFIES AND CONFIRMS ALL THAT THE ATTORNEY HEREOF AND WAIVES AND RELEASES ALL ERRORS WHICH SUCH PROCEEDINGS. IF A COPY OF THiS NOTE SHALL BE PROCEEDING BROUGHT UPON THE WARRANT OF ATTORNEY PARAGRAPH, SUCH COPY SHALL BE CONCLUSIVE E~ ATTORNEY'S AUTHORITY TO TAKE THE ACTION SPECIFIED Hi NOT BE NECESSARY TO PRODUCE THE ORIGINAL INSTRUMEI' GRANTED HEREIN TO CONFES~ JUDGMENT AGAINST MA1 EXHAUSTED BY ANY EXERCISE THEREOF, BUT MAY BE EXE TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR UNT OF ALI_ AMOUNTS DUE HEREUNDER. The provisions of this Note may not be changed, modified o~ only by an agreement in writing signed by both the Maker and the I- shall anY waiver be applicable except in the specific instance for ~ This Note shall be construed and governed by the laws of Pennsylvania and shall bind the Maker, its successors and assign~ Payee. The Maker accepts the jurisdiction over itself and over this federal courts located in the Commonwealth of Pennsylvania as the designate. The provisions of this Note are severable and the invali~ of any provision shall not alter or impair the remaining provisions IN WITNESS WHEREOF, and intending to be legally bound caused the due execution hereof the day and year first above wri' PAGE IEYS' FEES. MAKER MAY DO BY VIRTUE MAY INTERVENE IN PRODUCED IN ANY CONTAINED IN THIS IDENCE OF SUCH !REIN AND IT SHALL IT. THE AUTHORITY (ER SHALL NOT BE RCISED FROM TIME L PAYMENT IN FULL terminated orally, but older of this Note, nor vhich it is given. the Commonwealth of ~, for the benefit of the Note of any state and =ayee may reasonably fity or unenforceability of this Note. 3ereby, the Maker has ten. ATTEST: KLP ENTERPRISES, IN .3. t/dlbla LI(.N~D~ APARTMENTS Secretary President- -"Maker" 83/83 -2,- UPPER ALLEN TOWNSHIP, Plaintiff V. KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS Defendant IN THE COURT OF C~ : CUMBERLAND COUI~ CIVIL ACTION - No. CONFESSION CERTIFICATE OF ADDRESSES I hereby certify that the following is the address of KLP ENTERPRISES, INC. t/d/b/a LINDHAM COURT APARTMI 1101 Lindham Court Apartment 704 Mechanicsburg, PA 17055 I hereby further certify that the following is the addr UPPER ALLEN TOWNSHIP 100 Gettysburg Pike Mechanicsburg, PA 17055 )MMON PLEAS OF ITY, PENNSYLVANIA AW JUDGMENT e defendant: [NTS ess ofthe plaintiff: William E: Miller,I Jr. Anthony E. Marrene 1822 Market StrE et Camp Hill, PA 17 Attorney ID #'s 0 (717) 737-9210 Attorneys for Pla Township 011 7720, 48182 ntiff, Upper Allen Date: 12 June 2002 UPPER ALLEN TOWNSHIP, Plaintiff V. KLP ENTERPRISES, INC., Ud/b/aLINDHAM COURT APARTMENTS Defendant IN THE COURT OF CI CUMBERLAND COUI~ CIVIL ACTION - No. CONFESSION (: CERTIFICATE OFSERVICE I, Anthony E. Marrone, Esquire, of the Law Offices of MILl PC, hereby certify that I have this 12~ day of June, 2002, served copy of NOTICE UNDER RULE 2958.1, CONFESSIONS OF JUl COMPLAINT by depositing same in the regular United States m~ Certified Mail-Return-Receipt Requested, addressed to the follo~ Keith Plasterer, President KLP Enterprises, Inc., t/d/b/a Lindham Court Apartments 1101 Lindham Court, Apartment 704 Mechanicsburg, PA 17055 MILLER & ASSO( )MMON PLEAS OF ITY, PENNSYLVANIA AW JUDGMENT ;R & ASSOCIATES, true and correct ~)GMENT, and ~il, and United States ring: :IATES, PC · Marrone UPPER ALLEN TOWNSHIP, Plaintiff KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS Defendant To: IN THE COURT OF COM CUMBERLAND COUNT*f No. CONFESSION OF jI Notice Under Rule 2958.1 of Judgment and Execl Notice of Defendant's Rights KLP Enterprises, Inc., t/d/b/a Lindham Court Apartments 1101 Lindham Court, Apartment 704 Mechanicsburg, PA 17055 A Judgment in the amount of $32,984.62 has been entered a Plaintiff without any prior notice or hearing based on a confession ol written agreement or other paper allegedly signed by you. The she~ other property to pay the judgment at any time after thirty (30) days notice is served on you. You may have legal rights to defeat the judgment or to preve from being taken. YOU MUST FILE A PETITION SEEKING RELIEI AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTE THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR R YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEI FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HI Dated: 12 June 2002 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 MILLER & ASSOCI, William E. Miller, Anthony E. Marr¢ 1822 Market Str~ Camp Hill, PA 17 (717) 737-9210 Attorneys for Plai ~ION PLEAS OF PENNSYLVANIA DGMENT tion Thereon gainst you in favor of the judgement contained in the iff may take your money or ~fter the date on which this ~t your money or property : FROM THE JUDGMENT '.R THE DATE ON WHICH IGHTS. ONCE. IF YOU DO NOT )HONE THE OFFICE SET -'LP. \TES, PC Jr. ~e et ,11 ~tiff, Upper Allen Township UPPER ALLEN TOWNSHIP, Plaintiff V. IN THE COURT OF C¢ CUMBERLAND COUI~ CIVIL ACTION - No. KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT APARTMENTS CONFESSION C Defendant To: KLP ENTERPRISES, INC., t/d/b/a LINDHAM COURT AP You are hereby notified that on ?~-/7,,_ June 2002. judgr was entered against you in the sum of $32,984.62 in the above-c Prothonot~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO O OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAI Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 )MMON PLEAS OF iTY, PENNSYLVANIA AW JUDGMENT ,RTMENTS ~ent by confession aptioned case. kT ONCE. IF YOU DO R TELEPHONE THE GET LEGAL HELP. \" '~" h {\J ~ ~ '1\""" ory1 .O-~ In the Court of Common Pleas of Cumberland County, Pennsylvania Ys. No. (:,~ .. ~ at 0<-\ Civil. 19 \'<, J... P \:l rn':h \ ~ Sl ; ^ ~ ).. ,""~Jl t.., . \:/ c\ Jr-.lo. ),.,'\..l1~l0l\atL (),,"",dt R ~\'S:'lIU.nh y, \) ~l, !,...Q ," ,{j. ~1') ~ ~~'\ ~ ~i:\ I ~ C, ~>l~ C, ~ 0 \~(L ,_\\'i1 lJ,\hl ) L.t '7-. j) ~ lr'Y1 rX eWL t' Q,j,..,d;.., Lil ) ,LL ~'~\ v~ l)1L- To ProOlOnotary ~t \,..1 >I /'U\\ t9, e,cy,:,/) --~ ~' ?,o,f), Tenn, \9 ______ l'10.~:,.:"'" ,.<' ,,--i" -,~,- 'r ,'- '\' ,";'. '-/..' ,.--' . ,." .. '. ..," . ' .,,- ~\\ :~)'i1' r 1:.-;) 1,,'" I vs. <,';',,\/ ):'.-,\ ',\,', PRAECIPE Fi\cd____~- \9______ - , Atty. ...---- F /J'f5- CAS+t (!) / foo ~-ql -