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RICHARD R. NEY and
CAROL A. NEV, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSVLVANIA
NO. 95-3005 civil
vs.
JEFFREY M. NEY,
Defendant
CONFESSION OF JUDGMENT
JURY TRIAL DEMANDED
JUN
30 1995
l,..-
ORDER OF COURT
AND NOW, thisf< ( day of ), l 1995 on
',' 'il "
Petition of Defendant, Jeffrey M. Ney, a RUle is issued upon the
Plaintiffs/Respondents, Richard R. Ney and Carol A. Ney, his
wife, to show cause why the Confession of JUdgment above
captioned should not be opened or in the alternative stricken.
All further proceedings on the above captioned jUdgment be
and are hereby stayed pending resolution of this Petition.
Rule returnable ,T.
days after service.
By the Court,
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R. Scott Cramer, Esq.
P. O. Drawer 159
Duncannon, PA 17020
Attorney for Plaintiffs
Dale F. Shughrt, Jr'I Esq.
20 South Pitt Street
P. O. BOll 200
Carlisle, PA 17013
Attorney for nefendant
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RICHARD R. NEll and
CAROL A. NEll, his wife,
Plaintiffs
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTlI, PENNSlILVANIA
NO. 95-3005 civil
CONFESSION OF JUDGMENT
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vs.
JEFFRElI M. NEll,
nefendant
JURlI TRIAL DEMANDED
PETITION TO OPEN AND/OR STRIKE
CONFESS En JUDGMENT
ANn NOW, comes the Defendant/Petitioner, Jeffrey M. Ney, by
his attorneys, Fowler, Addams, shughart & Rundle and respectfully
represents as follows:
1. Your Petitioner, Defendant above captioned I is Jeffrey
M. Ney, an adult individual who resides at 100 clay Road,
Carlisle, Pennsylvania 17013.
2. The Plaintiffs/Respondents, Richard R. Ney and Carol A.
Ney, husband and wife, are adult individuals who reside at R. D.
2, Box 276-A, Newport, Pennsylvania 17074.
J. The Plaintiffs are the parents of the Defendant.
4. On March 15, 1994, Plaintiff Richard R. Ney and
Defendant Jeffrey M. Ney purchased real property and personal
property located in Walker Township, Juniata county,
Pennsylvania, then known as "Juniata Bowling Center", for a total
consideration of $157,000. True and correct copies of the Deed
and Bill of Sale which are attached hereto, made a part hereof
and marked Exhibits "A" and "B", respectively.
5. Plaintiff Richard Ney and Defendant Jeffrey Ney acquired
title to real and personal property as tenants in common and
commenced operation of the Bowling Alley under the name of "Ney
Bowling Center" as a partnership. Although a Partnership
Agreement was prepared, it was never executed. Richard and
Jeffrey Ney therefore operated under the general partnership law
of the Commonwealth of Pennsylvania.
6. In order to complete purchase of the real and personal
property necessary to operate the Bowling Alley, the Plaintiffs
borrowed the sum of $40,000 which was secured upon their home and
loaned it to Richard and Jeffrey Ney.
7. At the time of purchase aforesaid, March 15, 1994, the
parties agreed that $40,000 borrowed by the Plaintiffs in order
for Richard Ney and Jeffrey Ney to acquire the bowling alley
would be repaid from moneys earned in the operation of the
business.
8. As additional security for repayment of the $40,000 from
Richard and Jeffrey Ney to Richard and Carol Ney, the Defendant
Jeffrey Ney executed the Judgment Note dated March 15, 1994 upon
which the above captioned judgment by confession was entered.
9. The agreement of the parties was and is that the bowling
alley business and tenant in common property interests of Richard
and Jeffrey Ney would be responsible for rnpayment of the
$40,000. Therefore the obligation was and is a joint one of
Richard Ney individually, and Jeffrey Ney individually, and as
tenants in partnership, and/or as tenants in common. The
-2-
obligation owed to Plaintiffs was agreed to be secured upon the
bowling alley real and personal property in Juniata county.
10. On or about October 1994, the Plaintiff Carol Ney
became actively involved in the operation of the business known
as "Ney's Bowling Center" and prevented Jeffrey Ney from
continuing to be actively involved in the operation of the
Bowling center.
11. Despite repeated requests from Jeffrey Ney to Richard
Ney since october, 1994, Jeffrey Ney has not been allowed to
actively participate in the operation of the business and has not
been provided any payment for his share of the profits of the
business.
12. For the foregoing reasons, it is the obligation of the
business known as "Ney's Bowling Center" which is now being
operated solely by Richard Ney in conjunction with his wife,
Plaintiff, Carol Ney, to repay the $40,000 obligation to Richard
Ney and Jeffrey Ney.
13. The Note executed by Jeffrey Ney, which forms the
confessed judgment in this matter, was executed only as an
Accommodation Note. It was expressly agreed it would be
collectable only in the event that Ney's Bowling Center, Richard
Ney and Jeffrey Ney were all in default of repayment of that
obligation.
14. The Agreement of the parties was and is that if the
$40,000 Note were to be entered as a judgment it would be entered
-3-
only in Juniata county against Jeffrey Ney's interests in the
bowling alley property.
15. Jeffrey Ney believes and therefore avers that the entry
of jUdgment in this matter is an action taken solely by Plaintiff
Carol Ney in an attempt to force Jeffrey Ney to grant and convey
his interest in the bowling alley real property to Richard and
carol Ney without any consideration whatsoever and to deprive him
of all property interests.
16. In fact on January 23, 1995, R. Scott Cramer, attorney
for the Plaintiffs in this matter, sent Defendant Jeffrey Ney a
Deed of conveyance to convey the real property to his said
parents for no consideration and requested he execute and return
the deed for recording, which conveyance Jeffrey Ney refuses to
make.
17. Based upon the foregoing (contrary to the statements
contained in the Note executed by Jeffrey Ney), the agreement of
the parties was and is that this judgment would not be entered as
a lien against Jeffrey Ney's real property in Cumberland County
except upon default by Ney Bowling Center and Richard and Jeffrey
Ney, individually, to make payments on the obligation from the
profits of the bowling alley and/or an inability to collect the
debt from the assets in Juniata county.
lB. Jeffrey Ney has been precluded from actively
participating in the operation of the Bowling Alley and has been
deprived of his share of profits from the operation of the
-4-
Bowling center and/or rents due and owing to him as owner of the
property since October of 1994.
19. The first obligation of the business of Ney's BOWling
Center is to pay its creditors, which include Plaintiffs in this
action.
20. Defendant/Petitioner believes and therefore avers that
Ney's BOWling Center has earned sufficient money to make fair
monthly payments from the profits of the business to the
Plaintiffs in this action and has in fact made such payments to
the Plaintiffs as agreed.
21. For all of the foregoing reasons, Plaintiffs breached
the agreement of the parties by entering judgment on the Note
when there has been no default. Therefore, the judgment should be
stricken.
22. For all of the foregoing reasons, Plaintiffs breached
the agreement of the parties to the extent that they have not
made monthly payments to the Plaintiffs from the profits of the
bOWling alley business and/or rents paid by the bOWling alley
business to Richard Ney and Jeffrey Ney as owners of the real and
personal property. Thorefore, the judgment should be opened or
stricken.
23. For all of the foregoing reasons, Plointiffs breached
the agreement of the parties by entering judgment In cumberland
county, Pennsylvania as a lien against the real property of
Jeffrey Hey at 100 Clay Road, carllele, Pennsylvania instead of
-5-
entering it as a judgment in Juniata county against the bowling
alley property. It is believed and therefore averred that this
action was maliciously taken solely by Carol Ney in an effort to
acquire the Defendant's ownership interest in the bowling alley
business and the property. Therefore, the judgment should be
stricken.
24. For all of the foregoing reasons, the judgment should
be opened to provide the Defendant Jeffrey Ney an opportunity to
defend the obligation to the plaintiffs.
25. For all of the foregoing reasons, Plaintiffs owe to the
Defendant the duty of an accounting to him of all profits of the
bowling alley business from October 1994 to the time the
accounting is filed.
26. For all of the foregoing reasons, Plaintiffs owe to the
Defendant an obligation to make payments from the operation of
the bowling alley business on a monthly basis to repay the
$40,000 owed to Richard and carol Ney for moneys loaned to
Richard and Jeffrey Ney to purchase the bowling alley property
and business.
WHEREFORE, for aU of the foregoing reasons,
Defendant/Petitioner Jeffrey Ney prays Your Honorabls Court to:
A. strike the above captioned Judgment;
n. open the above captioned Judgment and list the
matter for a jury trial;
-6-
C. Order and direct that Plaintiffs provide Defendant
Jeffrey M. Ney a full accounting of all receipts and
disbursements by the business known as Ney's Bowling center
from October, 1994 until the time of such accounting,
including all payments made to Richard Ney and/or Carol Ney
on the $40,000 obligation;
D. Order and direct that Richard R. Ney and Carol A.
Ney, as tho individuals operating the Bowling Center, to
mako all payments due and owing from the receipts of the
Bowling Center to repay the remaining balance of the $40,000
owed to Richard R. Ney and Carol A. Ney, husband and wife;
and/or
E. Order and direct Richard and Carol Ney to provide
proper credit against the outstanding balance owed to them
on the $40,000 Note based upon all payments which have been
made or reasonably should have been made against the
obligation since October, 1994.
Respectfully submitted,
FOWLER,
&
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By:
F. S ugha
Supreme ct. I
28 South pitt
P. o. Box 20B
carlisle, PA 17013
(717) 249-B300
-7-
BOOK 184 FACE 714
ENTERED FOR RECOllD
, It-4 JUNIATA COUN1'ty4
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ed }.;21 fM
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'axes & Fees S /.~dO' 00
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SPECIAl, WARRAN'l'Y DEE!]
MADE the 9th day of March, in the year One Thousand Nine Hundred
and Ninety-Four (1994), between:
/ Sillqlultlilll,
PIERRE GERVAIS,/ an adult individual, of Cedar Rapids, Iowa,
GRANTOR,
AND
,/ ,/
JEFFREY M. NEY and HICHARD R. NEY, as tenants in common, each to
an undiv ided one-hal f interest, of Juniata County, Pennsy I vania,
GRANTEES,
WITNESSETH, that in consideration of One Hundred Thousand and
00/100 Dollars ($100,000.00), in hand paid, the receipt whereof io
hereby acknowledged, the said Grantor does hereby grant and convey
to the said Grantees:
ALL THA'l' CERTAIN lot of ground, with the improvements thereon
erected, situate in Walker Townohip, Juniata County, Pennsylvania,
bounded and described as follows, to wit:
DEGINNING at a point at the southwest corner of the lot hereby
conveyed where the same corners with lands now or formerly of
Calvin D. Zimmerman and Alma L. Zimmerman, husband and wife, and
William Penn Highway, U. S. Route No. 22, which point is North
forty-six (46) degrees forty (40) minutes West seven hundred thirty
(730) feet from the lands of the commonwealth of Pennsylvania,
thence along said Highway North forty-six (46) degrees forty (40)
minutes West one hundred twenty (120) feet to a point; thence at
right angle to said Highway in a northeasterly direction along
lands now or formerly of Calvin D. Zimmerman and Alma I,. Zimmerman,
husband and wife, two hundred fifty (250) feet to a stake; thence
along lands now or formerly of Moist Heirs South forty-six (46)
degrees forty (40) minutes East one hundred twenty (120) feet to
a stake; and thence along lands now or formerly of calvin D.
Zimmerman and Alma IJ. Zimmerman, husband and wife, in 11
southwesterly dit-eetion at right angle to the said Highway, two
hundred fifty (250) feet to tho place of BEGINNING.
UNDER AND SUBJECT, nevertheless, that the hereby granted lot of
ground and the improvements thereon erected, and any which may
hereafter be erected, shall he and remain oubject to the following
conditions and rentrictionu:
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BboK 184 FACE 715
1. That no building on uaid lot or any hereafter
orected, shall be erected for or uoed or occupied as a
service station, garage or for the oale of fuel for motor
vehicles.
IlEING the uame premioeu wl1iC'.b Pierre ';prvalo and 1I0ng Gervais, hiB
wife, by their deed dated fe,^,IU~.3 'l , 1994 and intended to be
recorded i~nediately prior hereto In the Office of the Recorder of
DeedB of and for Juniata County, at Mifflintown, Pennsylvania,
granted and conveyed unto pierre Gervaiu, Grantor herein.
NO HAZARDOUS WASTE is presently being diupoued of 01" has ever been
diuposed of by the Grantor or to the Grantor'u actual knowledge on
the promiues hereby conveyed. This utatement is made in accordance
with the proviBionu of the Solid Waste Management Act 97 of 1980,
H,B. 1840.
UNDER AND SUBJECT to any and all easementu, restrictionu and other
matters of record and which a physical inspection of the premiseB
would disclose.
AND the said GRANTOR will SPECIALLY warrant and forever defend the
property hereby conveyed.
IN WITNESS WHEREOF oaid Grantor haB hereunto set his hand and seal,
the day and year first above written.
Sealed and delivered in the preoence of
WITNESS:
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Pierre Gervais
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IUCHARD R. NEY and
CAROL A. NEY, his wlfc.
CIVIL ACTION NO. 95 . 3005
PIIIIIl\ln's
CONFESSION OF JUDGMENT
v.
JURY TRIAL DEMANDED
I ,
JEFFREY M. NEY,
Dcfcndant
,.
ANSWER TO PETITION TO OPEN
AND/OR STRIKE CONJiESSED JUDGMENT
(~{l
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AND NOW, comes the PlaintilTlRespondent, Carol A. Ney, who by and through her
attorney, Scott M. Stallcr, Esquire, files this her following An~wer:
I. Admilled.
2. Denied. Carol A. Ney has vacated the marital residence und is currently residing at
R.D. #I 2, Box 905, New Bloomfield, PA 17068. Richard R Ney's current address is R.D, #12,
Dox 1710, Newport, PA 17074.
3. Admilled.
4. Admillcd.
5. It is admitted that Richard Ney and Jcffrey Ney acquired title 10 real and personal
property as tenants in common and con\lncnccd operation of the Dowling Allcy under the name of
"Ney Dowlin!! Ccnler" liS a parlnershlp As to a partnership agrccment bcing prcpared and never
executed, Curol A. Ney, uncr rcusonable mvcs\lga\lon, is wl\hout sufficient knowledge or
information to form a behefas to the truth of the averment, and stricl proof thereof is demanded
at timc of trial. As to opclUtlllgllndcr thc gcncral pllrtncrshlplaw of the Commonwealth of
.
Pennsylvania, this part of the averment is demed as a conclusion of law.
6. Admilled in part and denied in part. It IS ad milled that Plaintiffs borrowed the
$40,000, but it is dellled that the money wus louned JOllltly to Richard and Jefi'rey Ney. To the
contrary, the money was loaned solely to Jefi'rey Ney.
7. Denied. There was no allreementthullhe $40,000 would be repaid from moneys
earned in the operation of the busllless. On the contrary, Jefi'rey Ney was solely liable to repay
the $40,000,
8. Admilled.
9. Denied. There was no agreement that Richurd and Jeffrey Ney would be responsible
. for repayment of the $40.000. On the conlrary, Jeffrey Ney was solely liable to repay the
$40,000, and no formal partnership agreement was ever executed. The judgment note, which
speaks for ilself, "empower the Prothonotary or any allorney or nay court of record within the
United States or elsewhere to appear for the undersigned and, with or withoul complaintliled,
confess judgment, or a series of judgments, allainstthe Undersigned in favor of any holder hereof.
for the unpaid balance of the principal debt. . .".
10. Admilled in part and denied in part. Ii is admilled that Carol Ney beeame actively
involved in the operation of the business known as "Ney's Bowling Center" after Richard Ney
precluded Jeffrey Ney from continuing to be actively involved in the business. Ii is denied that
Carol A. Ney ever prevented Jeffrey from continuing to be actively involved in the operation of
the Bowhng Center. In October, 1994, Richard Ney prevented Jeffrey Ney from continuing to be
actively mvolved in the operation of the Bowhng Center due to a disagreement over how to
successfully run the business.
11. Wllh respcctto Jcffrey Ney's actlvc IIlvolvclllenl inlhe Bowlinll Cenler, it is admilled
that Richard Ney has prevented JelTrey Ney from beinll actively involved in the operation of the
business. As far as pro iii sharinll is concerncd, aOer reasonable invest illation, Carol A. Ney is
wilhout suffiCient knuwledlle or IIlfurmaliunlo form a belief as 10 the trulh of the avermenl, and
strict proof thereof is demanded at time oftnal.
12. Denied as a conclusion of law. If somehow an answer IS deemed necessary, the
avermenl is denied as illS the oblillation of Jell'rey Ney 10 repay the $40,000 oblillation to Richard
Ney and Carol A. Ney. There is no obligation to pay $40,000 to Richard Ney and 1effrey Ney,
Furthermore, Carol A. Ney did help to operale the business from October, 1994 to June, 1995
aOer her son,1effrey Ney, was precluded by Richard Ney from continuing to be actively involved
in the operation of the business. It is denied thai Carol A. Ney continues to have any connection
whatsoever with the operation of the business known as "Ney's Bowlinll Center".
13, Denied. The Nole execuled by 1ell'rey Ney was not an Accommodation Note, There
was no allreement that the Note would only be collectible in the event that Ney's Bowling Center,
Richard Ney and Jeffrey Ney were all in defaull of repaymenl. The Note speaks for itself and
expressly states Ihat il is colleclible upon the sole failure of JeOrey Ney 10 repay Ihe oblillation
with or without default.
14. Demed. The Nole specllically empowers "the Prothonolary or any allorney or nay
court of record wlllunlhe United States or elsewhere 10 appear for the undersillned and, with or
withoul complaint filed, confess Judllment. or a series of judgments, allainstthe Undersigned in
favor of any holder hereof, for the unpaid balance of the prinCipal debt. . ."
I S, Denied. Carol A. Ney is simply attcmpllnllto pro lee I her interesl in Ihe repaymenl of
Ihe $40,000 obligalion.
16. After reasonable mvcsllllallon, Calol A. Ncy is without suOlcienl knowlcdgc or
information 10 form a belicfas 10 the Irulh of the avermcnt, and slricl prooflhereofis demanded
allime of Irial.
17. Denied. There was no agrecmenl for repaymenl olher than what is contained in the
judgmenl note, which speaks for itself.
18. It is admitted thaI Richard Ney has precluded JefTrcy Ney from aClively participatinll
in the operalion of the Bowlinll Center since October, 1994. however, aner reasonable
. investillalion, Carol A. Ney is withoul sufficienl knowledlle or information 10 form a belief al to
the Irulh of the remaininll part of Ihe avermcnt, and suict proof thereof is demanded at lime of
lrial.
19. Denied as a conclusion of law.
20. Aner a reasonable investigation, Carol A. Ney IS without sufficient knowledllo or
information to form a beliefas to Iho Irulh of the averment, and slrict proof thereof is demanded
at time oflrial.
21. Denied as a conclusion of law.
22. Denied as a conclusion of law.
23. Denied as a conclusion of law. It is further denied that Carol Ney malicioUlly took
this action to acquire Defendant's ownership mlcrcst, and on the contrary, it IS averred thaI Carol
A. Ney is simply prolectinll her inlerest 11\ the repayment of Ihe oblillation
24. Denicd as a conclusion of law.
25. Denl\'d. ills delllcd Ihat Curol ^ Ncy owes un uccountllllllo JelTrey Ney when she is
nol involved in Ihe opernllon of the business
26. Denied Cnrol A Ney docs not owe un oblillntionlo repay Ihe $40,000 10 Richnrd
Ney nnd herself. II is Richurd Ney und Jetl'rey Ney who owe IIn oblilllllionlo repay lhe $40,000
10 Richard Ney nnd herself.
WIIEREliORE, for 1111 oflhe above reasons, i'llIintilT, Cnrol A. Ney, requests thatlhis
Honorable Court dismiss Defendant's, JelTrey Ney's, i'etitionlo Open and/or Strike Confessed
Judgment, and affirm the judgment filed by PlaintilT, Carol A. Ney, against Defendant, Jeffrey
Ney.
Respectfully submilled,
_.j@1,tt~
Allorney for PlaintilT
Scoll M. Slaller, Esquire
P.O. Box 264
Rle. 34, Cupp Office Bldg.
New Dloomlleld, PA 17068
(717) 582.7574
Allorney I. D. Ii 62066
VEIUJlICATlON
1 verify Ihallhe slalemenls made mlhls Answer 10 l'elitionlo Open and/or Slrike
Confessed Judllmenl are Irue and correct. I undersland Ihal false slalements herein are made
subject 10 Ihe penalties of 181'a.C.S. ti 4904 relalinlllo unsworn falsification to aulhorilies.
at ~ I (;' ~:L-
Plaintiff, Carol A. Ney (j
IN THE COURT OF COl\lMON PLEAS OF ClJl\l1lERLAND COUNTY
RICHARD R, NEY and
CAROL A NEY,llIs wife,
PI a 111\1 tTs
CIVIL ACTION NO, 95 - 3005
CONFESSION OF JUDGMENT
v,
JURY TRIAL DEMANDED
JEFFREY M, NEY,
Defendnnt
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a certified copy of Respondent's Answer to
Petition to Open and/or Strike Confessed Judgment by hand delivering the same to the
person and address listed below, which service satisfies the requirements ofP, R,C, p, 440:
Michael R, Rundle, Esq,
28 SPill Streel
Carlisle, PA 17013
Attorney for Petitioner
Dated: Seplember 25, 1995
, .
, .~/r~:. ~>'4-o'"
._._.._L>-_~_...........______.__._. _____.._____.___"
Scoll M, Staller, Esquire
p, 0, Box 264
New Bloomfield, PA 17068
Telephone: (717) 582-7574
Attorney for Respondent
-
JUDGMENT NOTE
WILLIAM R, BUNT
AIlORNlV Al lAW
10910uth Ca,lIIlelllle'
New 8loomlleld, Po 17061
lei. (717) 612.1195
fAX (717) 612-7521
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Attorney 01 Low
P. O. Orawe, 119
Duncannon, flA 17020
RICHARD R. NEY and
CAROL A. NEY, his wife,
plaintiffs,
v.
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
JEFFREY M. NEY, CIVIL ACTION - LAW 1 ,1 J
Defendant. NO. ,'1'; <(0'- I, !', i ' .' "11'_"
: : : I : : : : I : : : : : : : : : : I : : : : : : : : : : : : , : : : : : : : :i: : : : : : : : : : : : : : I : : I : :
PRAECIPB TO ENTER JUDGMENT BY CONFESSION
To the prothonotary:
Enter judgment in favor of the plaintiff and against the
defendant by confession on the attached judgment note with
provisions for costs of suit, and without stay of execution.
Assess plaintiff'S damages as follows:
Amount of note (or penal sum):
Interest from March 15, 1994
Total amount due:
$40,000.00
560.00
$40,560.00
/-~--) I
, / ,I
( / t(
./,;,.
R. Scott Cramer ~
Attorney for PlaintiffS
,
AND NOW, June' , 1995, judgment is entered in favor of
the plaintiff and against the defendant, and damages are
assessed as above, in the sum of $40,560.00.
, '
I 1
.)b,t /i ')}llIl
, prothonotary
, ~ i,)
I I ,. 11
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A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF PERRY
The undersigned, being duly sworn according to law,
deposes and says that he is the signer of a Note dated March 15,
1994 in the amount of $40,000.00 payable to Richard R, Ney and
Carol A. Ney, his wife, which he has signed simultaneously
herewith and that his total annual income from all sources is in
eKcess of $10,000.00 as of the date hereof. And further the
undersigned do authorize the immediate entry of said Note as a
judgment in the Office of the Prothonotary in and for Perry
County, Pennsylvania.
ili. '!J 'jhc\ *
,e re M. Ne .
Sworn and subscribed to before me
this 15th day of March, 1994.
j ) ':.J2
(,( .' (,/0 ((")f ..,,1-=>..(\'"'-
- A. M1IIIOfl,IIOfAIIY PUalC
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WILLIAM .. BUNT
ATTDltHI't' AT LAW
101 .. CAIllLlnl IT
Naw .LOOIr"IILD, fl.,
170"
'7'71 111.,1"15
1'7171 .1.-71111
$40,000.00
JUDGMENT NOTE
March 15, 1994
FOR VALUE RECEIVED, JEFFREY M. NEY, (the Undersigned),
promises to pay to the order of RICHARD R. NEY and CAROL A. NEY,
his wife, their heirs and assigns, (the Payee), the sum of Forty
Thousand Dollars ($40,000.00), together with interest on the
unpaid portion thereof at the rate of Nine (9%) per cent per
annum, which shall be paid on demand.
Should the Undersigned default in said payment when due, the
whole of the principal sum and interest thereon shall immediately
become due and payable at the option of the Payee, and one or
more executions for collection of said principal sum with
interest, and other sums due by Undersigned according to the
terms hereof, together with costs of suit and a fifteen (15%) per
cent of the total indebtedness (but not less than $500)
reasonable attorney's fee for collection, may issue forthwith on
any judgment or jUdgments obtained by the holder hereof against
the Undersigned.
The Undersigned shall have the right to prepay the principal
balance in whole or in part at any time without fee, fine or
WIU lAM " .UtH
""OIlNI'!' n Law
10' .. COlli" ..
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penalty.
Payment hereunder shall be made to Richard R. Ney and Carol
A, Ney, his wife, R.R, 12 Box 276-A, Newport, Pennsylvania 17074
or at such other place as may be designated by Payee in writing,
With or without default the Undersigned hereby empower the
Prothonotary or any attorney of any court of record within the
United states or elsewhere to appear for the Undersigned and,
with or without complaint filed, confess judgment, or a series of
judgments, against the Undersigned in favor of any holder hereof,
for the unpaid balance of the principal debt, any other sums paid
by the holders hereof to or on behalf of the Undersigned pursuant
to the terms of this Note, together with unpaid interest thereon,
WILLIAM R BUNT
AnD""" At LAW
tal e. CUllin. It
NIW ILOONPlIlD. ,."
170e.
171'1 "1-1"1
17171 ...-71ll!
costs of suit and a fifteen (15\) per cent of the total
indebtedness (but not less than $500) reasonable attorney's fee
for collection, or which judgment or judgments one or more
executions may issue forthwith.
The Undersigned waives and releases all errors in any
proceeding that may be brought on this Note, and hereby consents
that execution or executions may issue immediately on such
judgment or judgments, hereby ratifying and confirming all that
said attorney may do by virtue hereof, and further hereby waives
inquisition and condemnation of any property levied upon by
virtue of any such execution or executions, and also waives all
exemption from levy and sale of any property that now is or that
hereafter may be exempted under any act of Assembly. No single
exercise of the foregoing warrant and power to confess judgment
shall be deemed to exhaust the power but the power shall continue
undiminished and may be exercised from time to time as the holder
hereof shall elect until all sums due hereunder have been paid in
full. A copy of this warrant shall be as effective as the
RICIIARD R. NEY and
CAROL A. NEY, his wife,
Plaintiffs
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3005 civil
vs.
JEFFREY M. NEY,
Defendant
CONFESSION OF JUDGMENT
JURY TRIAL DEMANDED
JUN 3 0 19Y:i
.I "
ORDER OF COURT
AND NOW, this ~ day of
, 1995, on
Petition of Defendant, Jeffrey M. Ney, a Rule is issued upon the
Plaintiffs/Respondents, Richard R. Ney and Carol A. Ney, his
wife, to show cause why the Confession of JUdgment above
captioned should not be opened or in the alternative stricken.
All further proceedings on ths above captioned judgment be
and are hersby stayed pending resolution of this Petition,
Rule returnable ~C)
days after service.
By the Court,
d' td.1200-t /. J.
R. Scott Cramer, Esq.
P. o. Drawer 159
Duncannon, PA 17020
Attorney for Plaintiffs
Dale F. Shugl~t, Jr., Esq.
28 South Pit~street
P. O. Box 20B
Carlisle, PA 17013
Attorney for Defendant
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RICHARD R. NEY and
CAROL A. NEY, his wife,
Plaintiffs
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3005 civil
vs.
CONFESSION OF JUDGMENT
JEFFREY M. NEY,
Defendant
JURY TRIAL DEMANDED
PETITION TO OPEN AND/OR STRIKE
CONFESSED JUDGMENT
AND NOW, comes the Defendant/Petitioner, Jeffrey M. Ney, by
his attorneys, Fowler, Addams, Shughart & Rundle and respectfully
represents as follows:
1. Your Petitioner, Defendant above captioned, is Jeffrey
M. Ney, an adult individual who resides at 100 Clay Road,
Carlisle, Pennsylvania 17013.
2. The Plaintiffs/Respondents, Richard R. Ney and Carol A.
Ney, husband and wife, are adult individualA who reside at R. D.
2, Box 276-A, Newport, Pennsylvania 17074.
3. The Plaintiffs are the parents of the Defendant.
4. On March 15, 1994, Plaintiff Richard R. Ney and
Defendant Jeffrey M. Ney purchased real property and personal
property located in Walker Township, Juniata county,
Penneylvania, then known as "Juniata Bowling Center", for a total
consideration of $157,000. True and correct copies of the Deed
and Bill of Sale which are attached hereto, made a part hereof
and marked Exhibits "A" and "B", respectively.
5. Plaintiff Richard Ney and Defendant Jeffrey Ney acquired
title to real and personal property as tenants in common and
commenced operation of the Bowling Alley under the name of "Ney
Bowling center" as a partnership. Although a partnership
Agreement was prepared, it was never executed. Richard and
Jeffrey Ney therefore operated under the general partnership law
of the Commonwealth of Pennsylvania.
6. In order to complete purchase of the real and personal
property necessary to operate the BOWling Alley, the Plaintiffs
borrowed the sum of $40,000 which was secured upon their home and
loaned it to Richard and Jeffrey Ney.
7. At the time of purchase aforesaid, March 15, 1994, the
parties agreed that $40,000 borrowed by the Plaintiffs in order
for Richard Ney and Jeffrey Ney to acquire the bOWling alley
would be repaid from moneys earned in the operation of the
business.
8. As additional security for repayment of the $40,000 from
Richard and Jeffrey Ney to Richard and Carol Ney, the Defendant
Jeffrey Ney executed the Judgment Note dated March 15, 1994 upon
which the above captioned judgment by confession was entered.
9. The agreement of the parties was and is that the bowling
alley business and tenant in common property interests of Richard
and Jeffrey Ney would be responsible for repayment of the
$40,000. Therefore the obligation was and is a joint one of
Richard Ney individually, and Jeffrey Ney individually, and as
tenants in partnership, and/or as tenants in common. The
-2-
obligation owed to Plaintiffs was agreed to be secured upon ths
bowling alley real and personal property in Juniata county.
10. On or about october 1994, the Plaintiff carol Ney
became actively involved in the operation of the business known
as "Ney's Bowling center" and prevented Jeffrey Ney from
continuing to be actively involved in the operation of the
Bowling Center.
11. Despite repeated requests from Jeffrey Ney to Richard
Ney since October, 1994, Jeffrey Ney has not been allowed to
aotively participate in the operation of the business and has not
been provided any payment for his share of the profits of the
business.
12. For the foregoing reasons, it is the obligation of the
business known as "Ney's Bowling Center" which is now being
operated solely by Richard Ney in conjunction with his wife,
Plaintiff, Carol Ney, to repay the $40,000 obligation to Richard
N.y and Jeffrey Ney.
13. The Note executed by Jeffrey Ney, which forms the
confessed judgment in this matter, was executed only as an
Accommodation Note. It was expressly agreed it would be
colleotable only in the event that Ney's Bowling Center, Richard
Hey and Jeffrey Ney were all in dsfault of repayment of that
obliqation.
14. The Agreement of the parties was and is that if the
$40,000 Note were to be entered as a judgment it would be entered
-)-
only in Juniata county against Jeffrey Ney's interests in the
bowling alley property.
15. Jeffrey Ney believes and therefore avers that the entry
of judgment in this matter is an action taken solely by Plaintiff
Carol Ney in an attempt to force Jeffrey Ney to grant and convey
his interest in the bOWling alley real property to Richard and
Carol Ney without any consideration whatsoever and to deprive him
of all property interests.
16. In fact on January 23, 1995, R, Scott cramer, attorney
for the Plaintiffs in this matter, sent Defendant Jeffrey Ney a
Deed of conveyance to convey the real property to his said
parents for no consideration and requested he execute and return
the deed for recording, which conveyance Jeffrey Ney refuses to
make.
17. Based upon the foregoing (contrary to the statements
contained in the Note eXecuted by Jeffrey Ney), the agreement of
the parties was and is that this judgment would not be entered as
a lien against Jeffrey Ney's real property in Cumberland county
except upon default by Ney BOWling Center and Richard and Jeffrey
Ney, individually, to make payments on the obligation from the
prOfits of the bowling alley and/or an inability to collect the
debt from the assets in Juniata County.
18. Jeffrey Ney has been precluded from actively
participating in the operation of the BOWling Alley and has been
deprived of his share of profits from the operation of the
t
i
t
-4-
Bowling Center and/or rents due and owing to him as owner of the
property since October of 1994.
19. The first obligation of the business of Ney's Bowling
Center is to pay its creditors, which include Plaintiffs in this
action.
20. Defendant/Petitioner believes and therefore avers that
Ney's BOWling Center has earned sufficient money to make fair
monthly payments from the prOfits of the business to the
Plaintiffs in this action and has in fact made such payments to
the Plaintiffs as agreed.
21. For all of the foregoing reasons, Plaintiffs breached
the agreement of the parties by entering jUdgment on the Note
when there has been no default. Thersfore, the judgment should be
stricken.
22. For all of the foregoing reasons, Plaintiffs breached
the agreement of the parties to the extent that they have not
made monthly payments to the Plaintiffs from the profits of the
bowling alley business and/or rents paid by the bowling alley
business to Richard Ney and Jeffrey Ney as owners of the real and
personal property. Therefore, the judgment should be opened or
stricken.
23. For all of the foregoing reasons, Plaintiffs breached
the agreement of the parties by entering judgment in Cumberland
County, Pennsylvania as a lien against the real property of
Jeffrey Ney at 100 Clay Road, CarliSle, Pennsylvania instead of
-5-
entering it as a judgment in Juniata county against the bowling
alley property. It is believed and therefore averred that this
action was maliciously taken solely by Carol Ney in an effort to
acquire the Defendant's ownership interest in the bowling alley
business and the property. Therefore, the judgment should be
stricken.
24. For all of the foregoing reasons, the judgment should
be opened to provide the Defendant Jeffrey Ney an opportunity to
defend the obligation to the Plaintiffs.
25. For all of the foregoing reasons, Plaintiffs owe to the
Defendant the duty of an accounting to him of all prOfits of the
bowling alley business from October 1994 to the time the
accounting is filed.
26. For all of the foregoing reasons, Plaintiffs owe to the
Defendant an obligation to make payments from the operation of
the bOWling alley business on a monthly basis to repay the
$40,000 owed to Richard and carol Ney for moneys loaned to
Richard and Jeffrey Ney to purchase the bowling alley property
and business.
WHEREFORE, for all of the foregoing reasons,
Defendant/Petitioner Jeffrey Ney prays Your Honorable Court to:
A. strike the above captioned Judgment;
B. open the above captioned Judgment and list the
matter for a jury trial;
-6-
C. Order and direct that Plaintiffs provide Defendnnt
Jeffrey M, Ney a full accounting o~ all receipts and
disbursements by the business known as Ney's Bowling center
from October, 1994 until the time of such accounting,
including all payments made to Richard Ney and/or Carol Ney
on the $40,000 obligation;
D. Order and direct that Richard R, Ney and Carol A.
Ney, as the individuals operating the Bowling Center, to
make all payments due and owing from the receipts of the
Bowling Center to repay the remaining balance of the $40,000
owed to Richard R. Ney and Carol A. Ney, husband and wife;
and/or
E. Order and direct Richard and Carol Ney to provide
proper credit against the outstanding balance owed to them
on the $40,000 Note based upon all payments which have been
made or reasonably should have been made against the
obligation since October, 1994.
Respectfully submitted,
FOWLER, ADDAMS, SHUGHART & RUNDLE
BY'~ fit/to\
Dale F, nugh r , Jr. I
Supreme ct. I.D. 19373
2B South Pitt Street
P. O. Box 208
Carlisle, PA 17013
(717) 249-B300
-7-
800K 184 PACE 714
ENTERED FOR RECClRP
I lH JUNIATA COON1\'
\ 7l/~1vh 17 19 9 yl
at '}.;2./ I'M
100... dO
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SPECIAL WARRANTY DEED
MADE the 9th day of March, in the year One Thousand Nine Hundred
and Ninety-Four (1994), between:
/ singleman,
PIERRE GERVAIS,/ an adult individual, of Cedar Rapids, Iowa,
GRANTOR,
AND
.' "..
JEFFREY M. NEY and RICHARD R, NEY, as tenants in common, each to
an undivided one-half interest, of Juniata County, Pennsylvania,
GRANTEES,
WITNESSETH, that in consideration of One Hundred Thousand and
00/100 Dollars ($100,000,00), in hand paid, the receipt whereof is
hereby acknowledged, the said Grantor does hereby grant and convey
to the said Grantees:
ALL THAT CERTAIN lot of ground, with the improvements thereon
erected, situate in Walker Township, Juniata County, Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point at the southwest corner of the lot hereby
conveyed where the same corners with lands now or formerly of
Calvin D, Zimmerman and Alma L, Zimmerman, husband and wife, and
William Penn Highway, U, S, Route No, 22, which poi nt is North
forty-six (46) degrees forty (40) minutes West seven hundred thirty
(730) feet from the lands of the Commonwealth of Pennsylvania,
thence along said Highway North forty-six (46) degrees forty (40)
minutes West one hundred twenty (120) feet to a point; thence at
right angle to said Highway in a northeasterly direction along
lands now or formerly of Calvin D. Zimmerman and Alma L. Zimmerman,
husband and wife, two hundred fifty (250) feet to a stake; thence
along lands now or formerly of Moist Heirs South forty-nix (46)
degrees forty (40) minutes East one hundred twenty (120) feet to
a stake; and thence along lands now or formerly of Calvin D,
Zimmerman and Alma L. Zimmerman, husband and wife, in a
southwesterly direction at right angle to the said Highway, two
hundred fifty (250) feet to the place of BEGINNING.
UNDER AND SUBJECT I nevertheless, that the hereby granted lot of
ground and the improvements thereon erected, and any which may
hereafter be erected, shall be and remain subject to the following
conditions and restrictions:
I:xll i Id' "(\"
800K 184 FAG[ 715
1, That no building on said lot or any hereafter
erected, shall be erected for or used or occupied as a
service station, garage or for the sale of fuel for motor
vehicles,
BEING the same premises whi<;b Pierre G;rvais and Hong Gervais, his
wife, by their deed dated ~~~~ ~~ , 1994 and intended to be
recorded immediately prior hereto in the Office of the Recorder of
Deeds of and for Juniata County, at Mifflintown, Pennsylvania,
granted and conveyed unto pierre Gervais, Grantor herein.
NO HAZARDOUS WASTE is presently being disposed of or has ever been
disposed of by the Grantor or to the Grantor's actual knowledge on
the premises hereby conveyed. This statement is made in accordance
with the provisions of the Solid Waste Management Act 97 of 1980,
H,B. 1840.
UNDER AND SUBJECT to any and all easements, restrictions and other
matters of record and which a physical inspection of the premises
would disclose,
AND the said GRANTOR will SPECIALLY warrant and forever defend the
property hereby conveyed,
IN WITNESS WHEREOF said Grantor has hereunto set his hand and seal,
the day and year first above written,
Sealed and delivered in the presence of
WITNESS:
~"^^!\ (r\C\l~CIIVV.Q/V\
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pierre Gervais
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that Juniata Bowling, Inc.,
a Pennsylvania corporation, (hereinafter the "Seller"), for and in
consideration of Fifty-Seven Thousand and 00/100 Dollars
($57,000.00) and other good and valuable consideration paId by
Jeffery M, Ney and Richard R. Ney, as tenants in common, each to
an undivided one-half interest (hereinafter the "Buyer"), the
receipt of which the Seller hereby acknowledges, does hereby
bargain, sell, transfer, assign and deliver to the Buyer, its
successors and assigns, all of the following goods, chattels and
property:
The goods, chattels, property, equipment and inventory,
a list of which is attached hereto as Exhibit "A",
TO HAVE AND TO HOLD the said personal property unto the Buyer,
its successors and assigns, to and for its own proper use and
benefit forever.
AND the Seller vouches that it has full right and lawful
authority to eel I and dispose of the said personal property, and,
for itself and its successors and assigns, does covenant unto the
Buyer, his heirs, successors and assigns, to defend the said
personal property against the lawful claims of all other persons.
IN WITNESS WHEREOF, the Seller has caused this Bill of Sale
to be executed and its corporate seal to be affixed on this q
day of March, 1994,
r~7Ur
JUNIATA BOWLING, INC.
By /dJv#t~)
President
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I. I I ''If!H''
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYI,VANIA
CIVIL ACTION NO. 95-3005
CONFESSION OF JUDGMENT
'l'qTJlT. n"....
'iI- I.
......
~ J
,) I" I,j '95
RICHARD R, NEY and
CAROL A, NEY, his wife,
Plaintiffs
,':,)
, ,
v.
TEFFREY M, NEY,
Defendant
ANSWER TO PETITION TO OPEN
AND/OR STRIKE CONFESSED
JUDGMENT
SCarf M, STALl.lm
Attorney At Law
1'.0, Box 264
New D1oomneld, I'A 1700H
Tel. (7171582-7574
Fnx (717) 582-4056
~.:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD R. NEY und
CAROL A. NEY, his wife,
CIVIL ACTION NO. 95. 3005
IJlainliffs
CONFESSION OF JUDGMENT
v.
JURY TRIAL DEMANDED
JEFFREY M. NEY,
Defendant
ANSWER TO PETITION TO ot'EN
AND/OR STRIKE CONFESSED JUDGMENT
AND NOW, comes the Plaintiff/Respondent, Carol A. Ney, who by and Ihrough her
allomey, Scoll M. Staller, Esquire, files this her following Answer:
I. Admitted.
2. Denied. Carol A. Ney has vacated the marital residence and is currently residing at
RD, # 2, Box 905, New Bloomfield, I'A 17068. Richard R Ney's current address is RD. # 2,
Box 1710. Newport, PA 17074.
3. Admitted.
4. Admitled.
5. Ii is admilled that Richard Ney and Jeffrey Ney acquired title to real and personal
properly as tenants in common and commenced operation of the Bowling Alley under the name of
"Ney Dowling Center" as a partnership. As to a partnership ugreement being prepared and never
executed, Carol A. Ney, aOer reasonuble investigation, is without sumcient knowledge or
information to form a belief as to the truth of the uverment, !lnd strict proof thereof is demanded
allime of trial. As to operutinllllnder the general purtnership laIV of the Commonwealth of
Pennsylvania, this pllrt of the averment is denied as a conclusion of law,
6, Admitted in part and denied in part. It is admitted that Plaintiffs borrowed the
$40,000, but il is demed Ihat the money was loaned jointly to Richard IInd JelTrey Ney. To the
contrary, the money was loaned solely to Jefl'rey Ney,
7, Denied, There was no agreement thatlhe $40,000 would be repaid from moneys
earned in the operation of the business On the contrary, Jefi'rey Ney was solely liable to repay
the $40,000,
8, Admitted,
9, Denied, There was no agreement that Richard and Jeffrey Ney would be responsible
for repayment of the $40,000, On the contrary, Jeffrey Ney was solely liable to repay the
$40,000, and no formal partnership agreement was ever eKecuted, The judgment note, which
speaks for itseU; "empower the I'rothonotary or any attorney or nay courl of record within the
Uniled States or elsewhere to appear for the undersigned and, with or without complaint liIOO,
confess judgmenl, or a series of judgments, against the Undersigned in favor of any holder hereof,
for the unpaid balance of the principal debt., "
10, Admitted in paltllnd denied in part, It is admitted that Carol Ney become actively
involved in the operation of the business known as "Ney's Bowling Center" after I{ichard Ney
precluded Jelliey Ney liom eontlnumg to be actively IIIvolved in the business, It is denied that
Carol A Ney ever prevented Jelliey from contllluing to be actively involved inlhe operation of
the Bowling ('enter, In October, 11)<)4, Richard Ney prevenled JefTrey Ney from continuing to be
actively IIIvolved III the operation of the 1I0wlllll! Center due 10 II disagreement over how to
successfully lunthe huslness
II. Wilh respeclto Jellfey Ney's IICtl\'C lII\'ol\'elllent III the Buwhng ('enter, It IS IIdnntled
thnt Richnrd Ney hns prevented Jellrey Ney Irolll helllgllcli\'c1y lII\'ol\'ed III tlw Opelllllon of Ihll
business. As fllr 115 proHt sharing is concellled, IIller rellsonable IIIvesllglltlon, Cnrol A Ney IS
without sufficient knowledge or inlimnlltion to forlllll behefns tolhe trulh nflhe IIvermenl,nnd
strict proof thereof is delllllnded nt tillle of trillL
12. Denied as II conclusionofluw. Ifsomehow un unswer is deellled lIecessury, lhe
avennenl is denied as it is the obligulion of Jellfey Ney 10 repuy Ihe $40,000 obhllllllon III I{ichun!
Ney nnd Carol A. Ney. There is no obligation 10 pay $40,000 to Richard Ne)' and Jetlrey Ney.
Furthermore, Carol A. Ney did help to operute Ihe busilless IiUln OClober, 11)1)4 to June, II)I)~
after her SOli, Jeffrey Ney, was precluded by Richard Ney Irmll colltinuillllto be nCllvely involved
in the operation of Ihe business. It is denied Ihat Cnrol A. Ney cOlltmues to hllve nil)' conneclion
whatsoever with Ihe operalion oflhe business known os "Ney's 1I0wlinll ('elller".
13, Denied. The Nole executed by Jemey Ne)' was not 011 Accommodalioll Note. Therll
was 110 allreel11entlhatlhe Note would ollly be collectible illlhe evenllhal Ncy's lIowlillg Cellter,
Richard Ney and Jemey Ney werll 011 in defuuh of repaYlllellt The Nolll spcuks lilr Itslllf olld
expressly stoles that il is collectible upolllhe sole fnilure of Jetlrey Ney tOlepllY Ihe ohhlllllloll
with or without del' au I!.
14. Denied. The Note speclHcally empowers "the I'rolhollotlllY nr III1Y ntllllney ur IIny
court of record withilllhe Ulllted Stntes or elsewhere lonppenr lilr the ullllerslllned nnd, with or
without complallltliled, cOllfessJudgmelll, nr n senes ofJudglllenls, nlllllllsllhe lJlIllerslglled III
fovor of any holder hereof; for the unpllld hnlallce (If the prlllcl11111 deht. ..
15. Denied. Carol A. Ney is simply allel11pting to protect her interest in the repayment of
the S40,OOO obligation.
16. After reasonable investigation, Carol A. Ney is without sufficient knowledge or
information to form a belief as to Ihe truth of the averment, and strict proof thereof is demanded
at time of trial.
17. Denied. There was no agreement for repayment other than what is contained in the
judgment note, which speaks for itself.
18. It is admitted that Richard Ney has precluded Jeffrey Ney from aClively participating
in the operation of the Dowling Center since October, 1994, however, after reasonable
invesligation, Carol A, Ney is wilhout sufficient knowledge or information 10 form a belief as 10
the truth of the remaining part of the averment, and strict proof thereof is demanded at time of
trial.
19, Denied as a conclusion of law.
20. After a reasonable investigation, Carol A. Ney is without sufficient knowledge or
informalion to form a belief as to the Iruth of the averment, and strict proof thereof is demanded
at lime of trial.
21. Denied as a conclusion oflaw.
22. Denied as a conclusion of law.
23. Denied as a conclusion of law. Ii is further denied that Carol Ney maliciously took
this action to acquire Defendant's ownership interest, and on the contrary, it is averred that Carol
A. Ney is simply protecting her interesl in the repayment of the obligation.
24. Denied as a conclusion of law.
25. Denied, It is denied Ihut ('lIrol A Ney owes UIIuccounlinll10 Jel1'rl.!Y Ney whell she .5
nol involved inlhe operuliou oflhe huslness
26, Denied, Curol A, Ney docs 1101 owe IInohlrllllllUn 10 repuy Ih" $40,00010 I{ichunl
Ney and herself, 11 is Itichllrd Ney und Jelliey Ney who oIVlluuohhllllllolllO Il.!puy Ihl.! $40,000
10 Richard Ney and herself,
WIIEREI<'ORE, for all oflhe IIbove II.!1ISUnS, I'ltllnlllr, ('11101 A NI.!Y, requesls lhullhis
Honorable Courl dismiss Defendanl's, Jen'rey Ney's, 1'I.!II11nlllll Openullll/ol Hlllkc Conl'essed
Judgmenl, und affirmlhe judllmenlliled by l'luinlilr, ('urol A NI.!Y, UlllllllsI l)elclldRnl, Jcllrey
Ney.
Itl.!spl.!cll'ully 8uhnulled,
.k~-ft 1)), Jt:A
Allorney lill 1'11I11I\lfr
SCOII M SllIlIl.!r, I!sllulle
1',0, lIox 2M
Rle 34, CUPII Ol1ice 1I1111l
New IIloomf1l.!ld, I'A 170M
(717) 5K2-7574
Allorney I I> II h20(,(,
IN TIlE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY
RICHARD It NEY and
CAROL A. NEY,llIs wife,
Plumtlffs
CIVIl. ACTION NO 95 - 3005
CONFESSION OF JUDGMENT
\'.
JlJltY TRIAL DEMANDED
JEFFREY M. NEY,
Delendunt
CERTIFICATE OF SERVICE
I hereby certify that I omlhis day serving 0 certified copy of Respondent's Answer to
PClition to Open and/or Strike Confessed Judgment by hand delivering the some to Ihe
person and address listed below, which service satisfies Ihe Icqlllremcnts ofl)RC' I' 440:
Michael R Rundle, Esq
28 S Pill Street
Curlisle, PA 17013
Allomey for Petitioner
Dated: Seplember 25, 1995
I
Scoll M. Staller, Esquire
I) 0 Box 264
New 1I100mfICld, IIA 17068
Telcphone (717)51l2-7574
Allorney lilr Respondent
RICHARD R. NEY and
CAROL A. NEY, his wife,
Plaintiffs
v.
JEFFREY M. NEY,
Defendant
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CONFESSION OF JUDGMENT
JURY TRIAL DEMANDED
95-3005 CIVIL TERM
ORDER OF COURT
AND NOW, this 17tt. day of October, 1995, upon
consideration of Defendant's Petition To open and/or strike
Confessed Judgment and Plaintiffs' Answer To Petition To Open
and/or strike Confessed Judgment, the parties are directed to
proceed with depositions under Pennsylvania Rule of civil
Procedure 209 for the purpose of making a record upon which the
Petition can be decided.
R. SCOTT CRAMER, ESQUIRE
P.O. Drawer 159
Duncannon, PA 17020
For the Plaintiffs
DALE F. SIlUGIlART, JR" ESQUIRE
28 South Pitt Street
P,O. Box 20B
Carlisle, PA 17013
For the Defendant
wcy
By the Court,
(V.',Q'-'- ",.<,.(,(l 10/1 ~/ 'i~'
'-'~ .. /-:'.6'.
IN TilE COURT OF COMMON PLEA~
OF CUMBERLAND COUNTY,
PENNSYT.VANIA
CIVIL ACTION No, 95-3005
CONFESSION OF JUDGMENT
JURY TRIAL DEMANDED
v,
Ocr',o j 29 tN '95
;'1/ "0'0 -
Ii, iit( r fr/~F
cUIHJcr(r:JD/ON~' ~h~
~fIiN~YLVAC~:~Hn
RICHARD R. NEY and
CAROL A, NEY, his wife,
PLAINTrFI'S
JEFFREY M. NEY,
DEFENDANT
PRAECIPE
scarr M, STALLEI~
Attorney At Law
1',0, OOK 264
New D1oomOeld. I'A 1706B
Tel, (717) 5B2-7574
Fax (717) 5B2-4056
RICHARD R. NEY and
CAROL A NEY, his Wife
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 95-3005 Civil
JEFFREY M NEY,
Defendant
CONFESSION OF JUDGMENT
PRAECIPE
TO THE PROTHONOTARY
Please mark Ihe Judgment in Ihe above referenced matter as salisfied.
;; Ild'!l
,
r} iIr.;1IJ
~~ I '!I
.
Scott Staller, Esquire
Attorney for Plaintiffs
Oil.