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Home My WebLink About95-00502 .. I Jl5O: 'Ii $"O:l ' -' .,' .. , C,u,l/~ , , \ ;' 'NO. l . . Civil 19 " .1 , , , , I i 1, ,. ~ U I :i joQ.,.J.. P'l. ~.h , !r )11:. ;;' . ;r J ):, VS. 'F- t~, .2ko~ W..]~'D~ ~,,~ ~;t Q::J" OLU~R'-tf). 1ii.: t( if. ti/ ' !} ~'t h'f:. Jr,; J: ~~~ I.';"., ',"( ..~ " t" ~ ~j- . " ~~ ;; } . . < ; ~ ~ ~- i' f Court of Common Pleas Cumbo Co. ;" .~., , i , I :l . ",' , I .- FRED H, ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-502 CIVIL TERM STEVEN W. BARRETT and CAROL A, BARRETT, . , Defendants CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO: Lawrence E. Welker, prothonotary Kindly mark the docket for the above-captioned matter that the Judgment entered by confession against the named Defendants has been "Satisfied and Discontinued." KEEFER, WOOD, A ~EN & RAHAL Dated: March 29, 1995 k E, rench 210 Walnut Street P. 0, Box 11963 Harrisburg, PA 17108-1963 717-255-8015 Attorney I,D, No, 25810 Attorneys for Plaintiff CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing Praecipe to satisfy Judgment has been served upon the person(s) named below at the addressees) shown below by depositing the same in the united States mail, first-class postage prepaid: Edward E, Guido, Esquire Saidis, Guido, Shuff & Masland, P,C. 26 West High Street P,O. Box 560 Carlisle, PA 17013 LEN & RAHAL Dated: March 29, 1995 ; . I...... ;:0 - c:.: ') .-, ..''l') lJ") en ,. ,,' = a- m ~. .11._ I.. :~, .:. (Y) t ~, "" or. .... -'" . , " : ", :' \; "" '/'. ' .,' \ "1 1 \'. .,.' ,I .,1 ,j'" ....-...,._._::~.~.i::.::-=.'..Lt. ,.__:; , FRED H. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 9..~.' .((l"'J NO, -./ ~ (!~J~ STEVEN W. BARRETT and CAROL A. BARRETT, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: principal and Interest Attorney's Fees TOTAL AMOUNT DUE $49,534.84 2.476.74 $52,011.58 Dated: January~, 1995 KEEFER, WOOD, ALLEN & RAHAL BYC~~ 210 Walnut Street P. 0, Box 11963 HarriSburg, PA 17108-1963 717-255-8015 Attorney I,D. 25810 -- Attorneys for Plaintiff Fred M. Eshleman ~ . ~ FRED M. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. NO. 1995 STEVEN W. BARRETT and CAROL A. BARRETT, Defendants CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER PA.R,C.P. 2951(bl NOW COMES Plaintiff, FRED M. ESHLEMAN, by his attorneys, Keefer, Wood, Allen & Rahal, and files the following Complaint for Confession of Judgment: 1. Plaintiff is FRED M. ESHLEMAN, an adult individual residing at 3 Dubs Circle, Mechanicsburg, Cumberland County, Pennsylvania, 2. Defendants are STEVEN W, BARRETT and CAROL A. BARRETT, husband and wife, adult individuals residing at 194 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about December 26, 1990, Defendants executed and delivered to Plaintiff a promissory Note in the principal amount of Fifty Thousand Dollars ($50,000), said Promissory Note con- taining a confession of judgment clause, A true and correct copy of the Promissory Note dated December 26, 1990 (hereinafter the " "Note") is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Note has not been assigned by Plaintiff, 5. On or about December 26, 1990, Defendants also executed and delivered to Plaintiff an Affidavit of Business purpose and Disclosure of Confession of Judgment (hereinafter the "Affida- vit") in connection with the Note. A true and correct copy of the Affidavit dated December 26, 1990 is attached hereto as Exhibit "B" and incorporated herein by reference, 6, The Note obligates Defendants to pay Plaintiff twenty- four (24) quarterly installments of Two Thousand Two Hundred Seven and 31/100 Dollars ($2,207.31) each, the first such quar- terly installment having been paid on July 1, 1991 and the final such quarterly installment being due on April 1, 1997, 7. The Note further obligates Plaintiff to make a balloon payment to Defendants in the amount of Twenty-seven Thousand Four Hundred sixty-one and 74/100 Dollars ($27,461,74), said balloon payment being due on April 1, 1997, 8. The Note does not permit Defendants to prepay any of the quarterly installments or the balloon payment, in that the fixed interest rate of 12 and 3/8% per annum was an essential inducement for Plaintiff to accept Defendants' promise of de- ferred payment. -2- 9. Defendants have made fourteen (14) quarterly install- ments to Plaintiff as called for under the Note, but have de- faulted on their remaining obligation to Plaintiff by failing to pay the quarterly installment due January 1, 1995. 10, Under the terms of the Note, Plaintiff is entitled to receive ten (10) additional quarterly installments of $2,207.31, totalling $22,073.10, and to receive the balloon payment of $27,421,74, for a combined total of $49,534.84, 11. Plaintiff is also entitled to recover reasonable attorney's fees for enforcement of the Note, which for purposes of this action equals five percent (5%) of the total amount due and owing, to wit: $2,476.74. 12. Under the terms of the Note, Plaintiff is entitled to confess judgment, with or without default by Defendants, for the full principal and interest balance due and owing to Plaintiff, together with reasonable attorney's fees for enforcement of the Note. 13, Defendants are indebted to Plaintiff in the total amount of $52,011.58, which includes principal, interest and attorney's fees, and have authorized any attorney of any court of record of Pennsylvania to confess judgment against them in that amount, 14. Judgment has not been entered on the Note in any other jurisdiction, -3- WHEREFORE, Plaintiff demands judgment by confession against Defendants in the amount of Fifty-two Thousand Eleven and 58/100 Dollars ($52,011.58), together with costs of suit, KEEFER, WOOD, ALLEN & RAHAL B(G1M~ 210 Walnut street P. 0, Box 11963 Harrisburg, PA 17108-1963 717-255-8015 Attorney I,D, 25810 Dated: January Iq, 1995 Attorneys for Plaintiff Fred M. Eshleman -4- VERIFICATION I, Fred M. EShleman, hereby certify that the facts in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief, and further state that false statements herein, if any, are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: January~, 1995 , . ~c-C? M, Eshleman -5- ',. " ~ $50,000.00 Carlisle, Pennsylvania December 26, 1990 PROMISSORY NOTE FOR VALUE RECEIVED, STEVEN W. BARRETT and ~L. ". b~~~ffi' ("Obligors"), of Cumberland county, Pennsylvania, do hereby promise to pay to FRED M, ESHLEMAN ("Obligee"), Mechanicsburg, Pennsylvania, the principal sum of Fifty Thousand Dollars ($50,000.00), together with interest at the rate of 12 3/8% per annum. The principal and interest due shall be payable in twenty-four (24) equal quarterly payments of principal and interest in the amount of Two Thousand Two Hundred Seven and 31/100 Dollars ($2,207,31) each, said quarterly payments to commence on July 1, 1991, and continue quarterly thereafter through April 1, 1997, and in one balloon payment equal to Twenty-seven Thousand Four Hundred Sixty-one and 74/100 Dollars ($27,461.74) also due on April 1, 1997, principal and interest shall be payable in lawful money of the United States of America and ill immediately available funds to the Obligee at the address specified above, or at such other office or address, for the account of Obligee, as Obligee may from time to time designate in writing to the Obligors. Whenever any payment to be made hereunder shall become due on Saturday, sunday or a public holiday under the laws of the Commonwealth of Pennsylvania, such payment may be made on the next succeeding business day. EXHIBIT A ~ y In any proceeding to enforce this Note, the prevailing party shall be entitled to recover reasonable attorney's fees, and Obligee shall be entitled to collect interest on the principal amount after the default at the rate of one and one half percent (1~%) per month. This Note shall be binding upon and inure to the benefit of the obligors, the obligee and their respective heirs, successors and assigns. The terms of this Note are subject to amendment or waiver only by a writing signed by the obligors and Obligee and then only in the specific instance and for the specific purpose for which given. Obligors hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for them and to enter judgment against them for the amount of this Note, with or without declaration, together with costs of suit and reasonable attorney's fees, and with full release of errors, Judgment hereunder may be confessed on executed or photostatic copies of this Note as many times and in as many jurisdictions as is necessary to secure satisfaction of any unpaid balance or balances, and the judgment or judgments confessed shall be without stay of execution. Obligors hereby waive presentment, protest and notice of dishonor. Obligors further assent to any extensions of time for -2- . .... .- payment or other indulgences which Obligee may grant without affecting liability hereunder, obligors authorize the Prothonotary of any county or counties to enter upon a Writ of Execution their voluntary condemnation, This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, WITNESS: ~~ <to (<:W(.fr - !/ (SEAL) STEVEN W, BARRETT ~ . {,j "~,I r1 . ,..'j;" I. tt (SEAL) -3- '. .. AFFIDAVIT OF BUSINESS PURPOSE AND DISCLOSURE OF CONFESSION OF JUDGMENT For the purpose of obtaining loan financing within the meaning of Pennsylvania Act No.6 of 1974 (41 P.S. 101 et seq.) from Fred M, Eshleman, the undersigned hereby make the following statements: 6. Dated: Dated: 1. We are adult individuals, The principal amount of the loan is $ 5[1, t;(}O , 2. 3. The loan financing will be used to finance, in part, the acquisition of shares of stock from said Fred M, Eshleman, said acquisition being for business purposes, Our combined annual incomes exceed $20,000, We are represented by legal counsel in this mat- ter, who has advised us that the promissory Note which we are about to execute and deliver to Fred M. Eshleman contains a confession of jUdgment clause that permits Fred M, Eshleman to obtain a judgment against us in any Court of Common Pleas in the Commonwealth of Pennsylvania 4, 5, We have consented to entry of judgment against us without the following, all of which we have inten- tionally, understandingly and knowingly waived: right to notice and hearing, right of set off, release of error, right of inquest, exemption laws and right to defend against the entry of judgment against us. /2- /.7-1.-/ PO , I 12./)(,; / y() I I .....-- -+- ~ '- u~/ Ji.'-- 11 (SEAL) I ,It ui( ,', -' ,,_ltr;(f. cf (SEAL) Sworn and subscribed to before me this day of , 1990 under penalty of perjury. 'EXHIBIT B FRED M. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, STEVEN W. BARRETT and CAROL A. BARRETT, Defendants CIVIL ACTION - LAW To: STEVEN W, BARRETT and CAROL A. BARRETT, Defendants You are hereby notified that on January~, 1995, judgment by confession was entered against you in the sum of $52,011,58 in the above-captioned case, Date: /- 50- f{'~- I hereby certify that the following is the address of the Defendants, Steven W. Barrett and Carol A. Barrett, stated in the Complaint (averring residence in lieu of a Certificate of Resi- dence) : ~94 Beagle Club Road carliSle, PA 17013 G~~Uir. Attorney for Plaintiff , ~ ~ t~ ~ .;, >~ . . . ,et. Xl ~ ,~ lf~ 1>.; ~u ,n 'f> ~ en ..., ,'"> ~I<) ...:::3- 1_'_4 "wl "- ,., ~ ,t i>~ l-:-; l", "-:. :,-, -, ...-) ~ - L r- 0;;:, f' -- J ,~ ~ ~ .~ "-'''' ~ ~ ~-d- '\ , ........:::1- ...:j. d ,,-/- ro "i ;:j .-i.\. ;. ~ ........ 'j'" .r.> \, ;:::' ('::. ~ --d- ' . -) ~ !;l0ll.- ~~'" '~~ Ig) = . I? j ~ ~ .t'.~I< iOP- .J <t J: <t a 0: 01 1'1 .A =" '<I )( Q z~g~ ~~o~g.d ..J U1 a:"': ~ gQl < 5,;, ~ ,- . Z III . tk 0... w" . 1" o~a:og: . O~O" > Q o(!!) ; I>' >NCJIt g , z ~ 0: -0( w ~x l>. ~ W \ W :.:: 5i' ""' : ~