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HomeMy WebLinkAbout94-01675 2 I \,,- i ~, j ~ \ 91/ -I&- ')5 ~lkI~ I : . , ! I No. Civil 19 I I I I I ~.4.,k ~. &~~ I i I eI-. al. I I i vs. 11 gJ- /'1. ~~ .1 I I eI- . 11..1. ~ Court of Common Pleas Cumbo Co. '. 'I I "I..........' '... ( r f ,. , f ' 1; . I I · ., :A~ ... JUDGSAT.BUR RONALD A. BURKHOLDER and PATRICIA A. BURKHOLDER, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Judgment in favor of Plaintiffs in the amount of $38,800.00 Plaintiffs vs. JOHN M. LEDGER and No. 94-1675 civil Term LISA LEDGER, his wife,: Defendants: Entered: March 21, 1994 SATISFACTION PIECE RONALD A. BURKHOLDER and PATRICIA A. BURKHOLDER, his wife, Plaintiffs in the above Judgment, do appear and acknowledge that they, this day have had and received from JOHN H. LEDGER and LISA LEDGER, his wife, the Defendants in the above Judgment, full payment and satisfaction of the same, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, they do hereby authorize and empower the Prothonotary of said Court, to appear for them and in their names and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as they could were they personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. The undersigned hereby certifies that the debt secured by the above-mentioned Judgment has been fully paid or otherwise discharged and that upon the recording hereof said Judgment shall be and is hereby fully and forever satisfied and discharged. witness: 1Z~~t' Z,g~L onald A. Burkholder - Qdt<-u~u a.bud'~~ Patricia A. Burkholder fi~j.d ~~m' as 0 both Dated: September 20, 1996 1 t '. " - , -~ ... COMMONWEALTH OF PENNSYLVANIA ) ) 55: COUNTY OF DAUPHIN ) On this, the 20th day of September, 1996, before me, a Notary pUblic, the undersigned officer, personally appeared RONALD A. BURKHOLDER and PATRICIA A. BURKHOLDER, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. z1~ ~ d1~';'F?t;,-1 Notary Public ' (SEAL) My Commis~l~n Expires: NOTARIAL SEAL twlMI S, lIVlrmSrDrI, Notary Public LOu H.1rl!sb~rg, Dauphin County .., CommiSSlOll Elpjr8S ~pl. 25, Igg7 2 .. . BRA TIC AND PORTKO AJwmey. at Low 101 OrncE CENTER, SUTl'EA 101 BoUTII U.S. RoIlTE 15 DJWnURO, PENNSYLVANIA 17019 DUSAN DRATle, ESQ. STEPHEN K. PORTKO, ESQ. (717) 432.9706 (717) 432.2'38 FAX (717) 432-9220 October 1, 1996 Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re. Burkholder v. Ledger Dear Prothonotary I Enclosed for filing please find an original and two copies of the Satisfaction Piece for the judgment against John ~dger. Please return the extra stamped-in copies to us using the enclosed self stamped addressed envelope. Thank you for your coop~ration. Very truly yours, -/a~~ Ronnetta Rider DB/RSR Enclosures '-''''_'J',,;;~-i<~~~-~~w'~- ~liii-' . ,', --' '--~1f;~~~~ , ,4, ~__'"-"" ~', . !~", . ij ! ,i . , ': 'I :i ,- C'.l .. (,' c: ,,- ~ '.' .. -; IU~:. ~ . ..; - .,-.." ~. '; :"~ ~l '-~^.. , ~': ,J .-.- .IC- -.- Of,) I t..~ I j:< ;..J . "7 u:L ..... ;'j~O . . c-= f:C .. c;, :.~ u.. L'_ ,0 U C) C"\ ~ ~~ - . . t"V~lr:;:;';;;';:':,./'~';:,__ ,-- '''*i~''\~~''~'''''''''' '''W m '.... ~,;'l:l~'t;f' .",~r",,":.h~/.':'~:; . un 0 CaQ l~"~ir.l.1t~J~\.",/- ,., :.,' -.' ,. .,,,,,,1;",,,",~,')'/'C~ .~~ B.l.., .... Po ~ ,,'?:':'"l!11<;:)(''':ii;~~,', " "..'110.... ~ Rl'KO ., . ~"&>~~l:;;;:;ICll orFICI CIN1'IlfUUITU" ih~:-:./' , ..,101IOUTH U". ROUTB 15 't, ,~.; ,;DIUl8URO,PBNN8YLYANIA 110111, ~""~~~'1:j: :u.' _"~';""<';-"";-"+ ~ ~. . . CIlIIIlIllloi........;,""'-..w 11-. ::.::':~-,~ "c.l.:,:,.- '~".:.'. ,j i- \..-" II 14- 1t.fJ7:J(?CI-kC ~~ $38,800.00 Date: 'lJuA {lJi c:J< /qqt; JUDGMENT NOTE FOR VALUE RECEIVED John M. Ledger and Lisa Ledger, husband and wife, of 1050 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, the undersigned, (Obligors) jointly and severally, promise to pay to the order of Ronald A. Burkholder and Patricia A. Burkholder, husband and wife, of 1527 Old Reliance Road, Middletown, Dauphin County, Pennsylvania 17057, (Obligees) the sum of Thirty-Eight Thousand Eight Hundred and No/l00 ($38,800.00) Dollars, at the rate of four (4%) per annum interest, which principal and interest shall be due within one (1) year from the date hereof or the date of settlement on the sale of Lot no. 150 on the Final Resubdivision Plan for Old Reliance Farms, Corrective Lot Boundaries, Section 9, dated February 17, 1993, Lower Swatara Township, Dauphin County, Pennsylvania, by Obligor, whichever shall first occur. THE LIEN OF THIS JUDGMENT SHALL A'l"l'ACH ONLY TO THE FOLLOWING REAL ESTATE AND NO OTHER: 1050 Country Club Road, Camp Hill, East pennsboro Township, Cumberland County, Pennsylvania, as recorded August 19, 1987 in Deed Book 32W, Page 637. The undersigned hereby empowers any Prothonotary, Clerk or Attorney of any Court of Record within the United States or elsewhere to appear for the undersigned and, with or without declaration, to confess judgment at any time or times, against each, any or all of the undersigned and in favor of the holder hereo, with or without declaration of default. for the above sum. Further, in case of default in the payment of pricnipal and interest as above mentioned, for a period in excess of Fifteen (15) days, the Obligees may collect forthwith said principal sum, together with interest thereon, as aforesaid, by execution or other process allowed by law, with costs of suit, release of errors, without stay of execution, and with five (5%) percent for collection fes; and they 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 they voluntarily condemn same, and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. . They further agree that any proeprty, 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 of exemption laws of Any state now in force or which are passed hereafter. IN WITNESS WHEREOF, the raid ObligO~f~b~ye hereunto set th'7i,J hands and seals this r9. day of .J!J1J.~(1N' , 19~. ~SS: ~4~~ 5?~Q/J..k NOTARrAL S~Al ROBERT J. HUNTER. ~OTARY PUBLIC CAMP HILL BOlIO. ClIHB~RlAIiO COUNTY MY Wt41SSIOH EXPrRES HAY ZO. 1995 XPLANATION OF RIGHTS CONFESSION OF JUDGMENT We clearly and specifically understand that by signing a Note dated the ~JXl-? day of ~<'1~ , 19~, in the amount of $38,800.00 payable to Ronald A. Burkholder and Patricia A. Burkholder, his wife, of Middletown, Pennsylvania, (the Obligees) which contains a Confession of Judgment clause: 1. We will authorize the Prothonotary or any attorney of any Court of Record to enter judgment against us and in favor of Ronald A. Burkholder and Patricia A. Burkholder which will give them a lien upon any real estate which we may own, including our home; and 2. We will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court; and 3. Patricia A. non-payment We will agree that Ronald A. Burkholder and Burkholder can enter judgment without any proof or other default on our part; and of 4. We will subject all of our property, both personal property and real estate, to execution and Sheriff's sale, pursuant to this judgment, prior to proof of non-payment or other default on our part; and 5. We will be unable to challenge this judgment, should Ronald A. Burkholder and Patricia A. Burkholder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which we will have to pay. -2- B. We know and understand that it is the confession of Judgment clause in the above described Note which gives Ronald A. Burkholder and Patricia A. Burkholder the rights enumerated in Sub-Paragraphs one through five of paragraph A above. . . IF WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, WE UNDERSTAND THAT WE WOULD HAVE THE FOLLOiUNG: 1. The right to have notice and an opportunity to be heard prior to judgment; and 2. The right to have the burden of proving default rest upon Ronald A. Burkholder and Patricia A. Burkholder before our property can be exposed to execution; and 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off a confessed judgment. 4. Fully and completely understanding these rights we have prior to signing the above described Note, and clearly aware that these rights will be given up, waived, . relinquished and abandoned if we sign the Notes, we nevertheless freely and voluntarily choose to sign the note, our intention being to give up, waive, relinquish and abandon our known rights (as described in Paragraph B above) and subject ourselves to the circumstances described in Paragraph A above. witness: WE WE THIS ENTIRE FORM AND RSTAND ITS CONTENTS J~7M:.. Ledger \ ~ ;.j~~ Lisa Ledger NOTAllrAL S L ~ERr J. HUHrER. NOTA~Y pu~Lrc HILl~. Ct.'''SE~lNlO COUNTY MY COHHISSIOH EXPIRE; NAI 20. 1996 AFFIDAVIT OF INCOME The undersigned, being first duly sworn or affirmed, does hereby certify that their income on the date of execution -3- . .. . hereof, exceeds $10,000 per year. IN WITNESS WHEREOF, w seals the Q.I day of hereunto set our~l~ands , 1 9 JJ!!:t:..... . ~-~ ~~ Lisa edger ....... subscribed before day of nIl. , 19...!::f..!:1:-. ry Pub ic Commission Expires: tlOTAAIAl SIAl. IlO8l'RT J. ",INIER. IIOTA~Y PU3Lrc CAIlP HIll BORO. coomAHO COUIITY MY Cllft4ISSICII EXPIRES MV 20. 1996 CERTIFICATE OF RESIDENCE rd.M . I certify that my c1rr~t residence is: 1050 Country Club Rd., Camp Hill, PA 17011 ~ il.u.M./ ~d 1: - -4- '. and - .J ~ ... l\'2 ~ ~ \ ~ j ":I" en . J \~ .~ ~ '9 i~ , ~ ~ '.,j ,~ 1 ~~ ~ >-... ~t- - t-~ - au....,;:,:! -:z U zGi;r: N '::oU~( N 1a.,.:Z:O;;oo o...;r..;o-I ex) I O.':ii I" ''''::-';z: - .....-~:i LI"'1 .::....,IWw ~... :=:rQ. :> ~c..' 0: 0- c:s .. '.. . - A '0 t-I. ~~ ....... ~ ...:. 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