HomeMy WebLinkAbout00-00864
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Jack F. Hurley, Jr., Esquire
Attorney LD. No. 24414
Timothy 1. Nieman, Esquire
Attorney LD. No. 66024
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
ATTORNEYS FOR PLAINTIFF
SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
NO. ~Q?6~ f(,.Y do;( ~
JAMES W. HUTCHINSON, JR. and
CYNTHIA G. HUTCHINSON, husband
and wife,
Defendants
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 defendant and
confess judgment in favor of the plaintiff and against defendant as follows:
Principal Sum $48,320.00
Interest from 12/21/98 to 2/14/00 8,141.25
Attorneys' fees to date 1.991.00
TOTAL 58.452.25
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RHOADS & SINON LLP
By:
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Jack F. Hurley, Jr.
Timothy J. Nieman
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(71 7) 233-5731
Attorneys for Plaintiff
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Jack F. Hurley, Jr., Esquire
Attorney LD. No. 24414
Timothy J. Nieman, Esquire
Attorney LD. No. 66024
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
ATTORNEYS FOR PLAINTIFF
SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
JAMES W. HUTCHINSON, JR. and
CYNTHIA G. HUTCHINSON, husband
and wife,
NO...1Q% - ~tt God C.i~
Defendants
NOTICE OF DEFENDANT'S RIGHTS
To: JAMES W. HUTCHINSON, JR.
CYNTIllA G. HUTCHINSON
A judgment in the amount of $58,452.25 has been entered against you and in
favor of the plaintiff without any prior notice or hearing based on a confession of judgment
contained in a written agreement or other paper allegedly signed by you. The sheriff may take
your money or other property to pay the judgment at any time after thirty (30) days after the date
on which this notice is served on you.
332566.1
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You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITillN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
RHOADS & SINON LLP
By: ~~y~
Timothy J. Nieman
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
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Jack F. Hurley, Jr., Esquire
Attorney LD. No. 24414
Timothy J. Nieman, Esquire
Attorney LD. No. 66024
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
ATTORNEYS FOR PLAINTIFF
SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
CIVIL ACTION - LAW
NO. ;)oc,O- Cr CJ l { YOLlf
JAMES W. HUTCHINSON, JR. and
CYNTHIA G. HUTCHINSON, husband
and wife,
Defendants
COMPLAINT IN CONFESSION OF JUDGMENT
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NOW COMES, Plaintiff, Sample Bridge Associates, by its attorneys, Rhoads &
Sinon LLP, and files the within Complaint in Confession of Judgment as follows:
1. The Plaintiff, Sample Bridge Associates, is a general partnership organized
and existing under the laws of the Commonwealth of Pennsylvania having its principal place of
business located at 6570 Carlisle Pike, Mechanicsburg, Pennsylvania.
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2. Defendant, James W. Hutchinson, Jr., is an adult individual whose last
known address is 414 South York Street, Mechanicsburg, Pennsylvania.
3. Defendant, Cynthia G. Hutchinson, is an adult individual whose last
known address is 414 South York Street, Mechanicsburg, Pennsylvania. James W. Hutchinson,
Jr. and Cynthia G. Hutchinson are husband and wife.
4. At the time of the events relevant to this Complaint, Plaintiff was the
owner and developer of a residential subdivision known as the Peninsula (the "Subdivision")
located in Silver Spring Township, Cumberland County, Pennsylvania.
5. Plaintiff, as seller, entered into an Agreement for Purchase and Sale of
Real Estate, dated June 27, 1997, (the "Lot Sale Agreement") with Hutch Construction, as
buyer, for the sale of an unimproved residential building lot known as Lot 3 (the "Lot") in Phase
III of the Subdivision.
6. Under the Lot Sale Agreement, the purchase price for the Lot was
$60,400, of which $1,000 was paid at the signing of the Agreement, $11,080 was to be paid at
settlement on the conveyance of the Lot, and the remaining $48,300 was to be evidenced by a
judgment note delivered to Plaintiff at settlement on the conveyance of the Lot.
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7. Hutch Construction was known to Plaintiff as the residential construction
company owned by Defendants. Hutch Construction had previously constructed residences in the
Subdivision.
8. Plaintiff agreed to defer the payment of the $48,300 portion of the
purchase price for the Lot as an accommodation to Defendants to permit Defendants to use the
value of the lot to assist the Defendants in obtaining financing for the construction of a residence
on the Lot.
9. On August 5, 1997, settlement on the conveyance of the Lot from Plaintiff
to Defendants was held and the Defendants executed and delivered a Promissory Note (the
"Note") to Plaintiff, jointly and severally obligating Defendants to pay the principal amount of
Forty-Eight Thousand, Three Hundred and Twenty Dollars ($48,320.00). A true and correct
copy of the original Note is attached hereto as Exhibit "A" and incorporated herein.
10. The Note obligates Defendants to pay the principal to Plaintiff in full on
the earlier of (i) settlement on the sale of the Lot by Defendants, or (ii) February 4, 2000.
11. The Note was secured by a Mortgage executed, conveyed and delivered by
Defendants, as mortgagors, to Plaintiff, as mortgagee, at the aforesaid settlement of the
conveyance of the Lot on August 5, 1997, and duly recorded in the Office of the Recorder of
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Deeds in and for Cumberland County, Pennsylvania in Mortgage Book Volume 1398 page 51
(the "Mortgage").
12. The Mortgage was junior to a fIrst mortgage given by Defendants to
Commerce Bank at the settlement on August 5, 1997 to secure fInancing in the amount of
$195,000 to construct a residence and related improvements on the Lot.
13. On August 5, 1997, Plaintiff assigned (the "Assignment") the Mortgage to
Dauphin Deposit Bank and Trust Company (the "Bank") as collateral for a loan to Plaintiff for
development of the Subdivision.
14. On December 11, 1998, Defendants settled on the conveyance of the Lot,
as improved by a residence and related improvements constructed thereon, for a contract sales
price of $314,900.
IS. As a result of the Assignment being recorded, the title agent for the
purchasers of the Lot from Defendants requested the Bank to satisfy the Mortgage. The Bank
mistakenly and erroneously fIled with the Cumberland County Recorder of Deeds a mortgage
satisfaction document that incorrectly stated that the debt secured by the Mortgage had been paid:
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16. As a result of the error of the Bank, the Defendants were issued a net
proceeds check at the settlement on December 11, 1998 in the amount of $96,756.83, rather than
$48,456.83 which was actually the amount due to Defendants after payment of the Note.
17. The Defendants accepted the check for $96,756.83 and left the settlement
knowing that tlley had failed to pay the $48,320.00 due to Plaintiff as payment of the remainder
of the purchase price for the Lot. The failure to pay the principal when due and payable
constitutes a default as defmed under the terms of the Note.
18. A default has occurred under the terms of Note in that the Defendants
closed on the sale of the improved Lot on December 11, 1998, and retained the additional
$48,320.00 from the proceeds of the settlement and failed to pay the principal amount due on the
Note. The entire amount of principal ($48,320.00) is now due and payable, as well as interest at
a default rate of fifteen percent (15 %) and all costs of suit and other expenses in connection
therewith, including reasonable attorneys' fees.
19. The Note contains confession of judgment and warrant of attorney
provisions which empower any attorney of any court of record to appear for and enter judgment
against Defendants, jointly and severally, in favor of Plaintiff, its successors and assigns, for any
sum or sums due under the Note, with fifteen percent (15 %) default interest and costs of suit,
including reasonable attorneys' fees.
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20. The actual amounts presently due and payable to Plaintiff under the Note
are itemized as follows:
(a)
(b)
Principal
Interest from 12/21/98
to 2/14/00
Attorney's Fees to date
$48,320.00
(c)
8,141.25
1.991.00
TOTAL
58,452.25
21. Plaintiff is the holder of the Note and judgment has not been entered on the
Note in this or any other jurisdiction.
22. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants in
the amount of $58,452.25 together with accruing interest, costs of suit, including attorneys' fees,
and other charges as authorized by the Warrant contained in the Note.
RHOADS & SINON LLP
By ~ 1~:f"
Timothy J. Nieman
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
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PROMISSORY NOTE
$48,320.00
August S~, 1997
FOR VALUE RECEIVED, JAMES W. HUTCHISON, JR. and CYNTHIA G.
HUTCHISON, husband and wife, residing at 265 Mt. Airy Road, Lewisberry, Pennsylvania
17339 (hereinaher individually and collectively referred to as the "Maker") do irrevocably
and unconditionally promise to pay to the order of SAMPLE BRIDGE ASSOCIATES, a
Pennsylvania general partnership having an office at 6570 Carlisle Pike, Mechanicsburg,
Pennsylvania 17055 (hereinaher referred to as the "Payee"), without offset or defalcation,
the principal sum of FORTY-EIGHT THOUSAND THREE HUNDRED TWENTY AND
00/100th DOLLARS ($48,320.00) without interest.
The principal shall be due and paid in full on the earlier of (i) closing on the
sale of the real property of the Maker known as Lot 3, Phase III of The Peninsula, Silver
Spring Township, Cumberland County, Pennsylvania, or (ii) February /i1J" 2000.
In the event of any default in payment of the principal under this Note for a
period of ten (10) days aher the same shall have become due and payable, an Event of
Default shall occur hereunder. If an Event of Default shall occur hereunder, the principal
amount outstanding on this Note, together with said interest at a default rate of fifteen
percent (15%) "Default Rate", may, at the option of the Payee, become immediately due and
payable with the effect provided herein. In such case, the Payee may also recover all costs
of suit and other expenses in connection therewith, together with reasonable attorney's fees,
together with interest at the default rate on any judgment obtained by the Payee at the
default rate provided herein, including interest at that rate from and aher the date of any
sheriff's sale until actual payment is made by the Sheriff to the Payee of the full amount.
Such interest shall continue to accrue despite any legal moratorium on payment or any delay
in payment ordered or permitted by any court assuming jurisdiction.
In Event of Default, the Maker does hereby irrevocably authorize and
empower any attorney of any court of record in the Commonwealth of Pennsylvania or
elsewhere, in case of an event of uncured default hereunder, to appear for the Maker and
on his behalf and to confess judgment against the Maker in favor of the Payee, with or
without declaration filed, for the unpaid principal balance hereof, together with all amounts
for which the Maker may be liable to the Payee hereunder, including, but not limited to,
unpaid interest, costs and other expenses of suit and reasonable attorney's fees, all as
aforesaid. If a copy hereof, verified by affidavit, shall have been filed in said proceedings,
it shall not be necessary to file the original as a warrant of attorney.
EXHIBIT .
A
ALL.sT ATE LEGAL. SUPPL" co. .
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MAKER REPRESENTS THAT HIS ANNUAL INCOME EXCEEDS $10,000 AND
ACKNOWLEDGES THAT MAKER UNDERSTANDS THE MEANING AND EFFECT OF THE
CONFESSION CONTAINED IN THE FOREGOING PARAGRAPH. SPECIFICALLY, MAKER
UNDERSTANDS AMONG OTHER THINGS THAT (1) MAKER IS RELINQUISHING THE
RIGHT TO HAVE NOTICE EXCEPT AS PROVIDED HEREIN, AN OPPORTUNITY TO BE
HEARD, AND THE RIGHT TO HAVE THE. BURDEN OF PROOF OF DEFAULT REST ON
PAYEE OR THE HOLDER HEREOF PRIOR TO THE ENTRY OF JUDGMENT, (2) THE ENTRY
OF JUDGMENT MAY RESULT IN A LIEN ON MAKER'S PROPERTY (3) MAKER WILL BEAR
THE BURDEN AND EXPENSE OF ATTACKING THE JUDGMENT AND CHALLENGING
EXECUTION OF THE LIEN AND SALE OF THE PROPERTY COVERED THEREBY, AND (4)
ENOUGH OF MAKER'S PROPERTY MAY BE TAKEN TO PAY THE AMOUNT DUE
HEREUNDER.
The authority granted herein to confess judgment shall not be exhausted by
any exercise thereof, but shall continue, and may be exercised as aforesaid, from time to
time and at all times until payment in full of all the amounts due hereunder.
The Maker hereby waives and releases all errors, defects and imperfections of
a procedural nature in any proceedings instituted by the Payee hereunder, as well as all
benefits that might accrue to the Maker by virtue of any present or future laws exempting
any property, real or personal, or any part of the proceeds arising from any sale of any such
property, from attachment, levy or sale under execution, or providing for any stay of
execution, exemption from civil process, or extension of time for payment. The Maker
agrees that any real estate that may be levied upon pursuant to any writ of execution issued
on any judgment obtained by virtue hereof, may be sold, in whole or in part, in any order
desired by the Payee.
The Maker hereby waives presentment for payment, demand, notice of
demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and
all other notices in connection with the delivery, acceptance, performance, default or
enforcement of the payment of this Note, except for the notice of non-payment provided for
hereunder, and agrees that its liability shall not be affected in any manner by any
indulgence, extension of time, renewal, waiver or modification granted or consented to by
the Payee. The Maker consents to any and all extensions of time, renewals, waivers or
modifications that may be granted by the Payee with respect to the payment or other
provisions of this Note, and to the release of the collateral or any part thereof, with or
without substitution.
The Payee shall not be deemed, by any act of omission or commission, to
have waived any of its rights or remedies hereunder unless such waiver is in writing and
signed by an authorized representative ofthe Payee, and then only to the extent specifically
set forth in said writing. A waiver of one event shall not be construed as continuing or as
a bar to or waiver of any right or remedy to a subsequent event.
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hereby.
The Maker intends this to be a sealed instrument and to be legally bound
All issues arlsmg hereunder shall be governed by the laws of the
Commonwealth of Pennsylvania.
The terms "Note" as used herein shall mean the same as amended, modified
or altered from time to time.
This obligation shall be legally binding upon and shall inure to the Maker and
the Payee, and their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the Maker, intending to be
executed this Note to be executed this 4 day of ;J7"~
WITNESS: MAKER:
legally bound, has
,1997.
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(SEAl)
James utchison, Jr.
~a.lJ~t(SEAL)
Cynthia G. Hutchison
104914
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VERIFICATION
Joseph D. Snyder, deposes and says, subject to the penalties of 18 Pa. C.S. 4904
relating to unsworn falsification to authorities, that he is the President of Sample Bridge, Inc., a
general partner of Sample Bridge Associates, that he makes this verification as such officer by its
authority and that the facts set forth in the foregoing Complaint for Confession of Judgment are
true and correct to the best of his knowledge, information and belief.
Date: FebruaryL,2000
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SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent
DOCKET NO. 2000-864
v.
JAMES W. HUTCHISON, JR.
and CYNTHIA G. HUTCHISON
Husband and Wife
Defendants/Petitioners
RULE TO SHOW CAUSE
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AND NOW, this ~ day of March, 2000, it is hereby
ORDERED that a Rule is issued upon Plaintiff, to show
cause, if any it has, why the judgment entered in the above
matter should not be stricken, or in the alternative, opened
and the defenses of the Defendants be permitted; and it is
hereby
FURTHER ORDERED that all proceedings, including all
executions on the judgment are stayed pending this Court's
review and determination of the Defendants' petition to
Strike or, in the Alternative, Open Judgment.
30
Rule returnable
Plaintiff.
days from service upon
BY THE COURT:
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SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent
DOCKET NO. 2000-864
v.
JAMES W. HUTCHISON, JR.
and CYNTHIA G. HUTCHISON
Husband and Wife
Defendants/Petitioners
PETITION TO STRIKE OR. IN THE ALTERNATIVE. OPEN JUDGMENT
TO THE HONORABLE, THE JUDGES OF SAID COURT:
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NOW COMES the Petitioners/Defendants, James W.
Hutchison, Jr. and Cynthia G. Hutchison, by and through
their attorneys, Cunningham & Chernicoff, P.C., and file
their Petition to Strike or, in the Alternative, Open
Judgment, and in support thereof aver as follows:
I . BACKGROUND
1. Defendants/Petitioners, James W. Hutchison, Jr.
and Cynthia G. Hutchison (hereinafter collectively referred
to as "Petitioners"), are adult individuals residing at 414
South York Street, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
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2. Plaintiff/Respondent, Sample Bridge Associates
(hereinafter "Respondent"), is a general partnership
organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal place of business located
at 6570 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
3. Petitioners seek to invoke the equitable and
discretionary powers of this Court in order to strike and/or
open a confessed judgment entered in this Court on or about
February 4, 2000 at Docket No. 2000 864 and served upon
Petitioners on or about February 14, 2000.
4. This Court possesses jurisdiction over this
Petition pursuant to Pa. R.C.P. No. 2959(a).
5. On or about June 27, 1997, Petitioners entered
into an Agreement for Purchase and Sale of Real Estate (the
"Agreement") for the purchase from Respondent of an
unimproved residential building lot known as Lot 3 (the
"Lot") in a residential sub-division known as the peninsula
(the "Peninsula") located in Silver Springs Township,
Cumberland County, Pennsylvania.
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6. Under the Agreement, Petitioners were to pay the
total purchase price of $60,400.00 for the lot in three (3)
installments. The first installment of $1,000.00 was due at
the signing of the Agreement. The second installment of
$11,080.00 was due at settlement on the conveyance of the
Lot. The third installment of the remaining sum of
$48,300.00 was to be evidenced by a Promissory Note
delivered to Respondents at settlement on the conveyance of
the Lot.
7. On August 5, 1997, settlement on the conveyance on
the Lot was held and the Petitioners executed and delivered
a certain Promissory Note (the "Note") dated August 5, 1997,
in the principal amount of Forty-Eight Thousand, Three
Hundred and Twenty Dollars ($48,320.00) in favor of
Respondent. A photocopy of the Note was attached to the
Complaint in Confession of Judgment as Exhibit "A" thereto
and is attached hereto as Petitioner's Exhibit "A".
8. The Note was secured by a Mortgage (the
"Mortgage") executed, conveyed and delivered by Petitioners
as Mortgagors, to Respondents as Mortgagee, at the August 5,
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1997 conveyance of the Lot, which mortgage was duly recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Mortgage Book Volume 1398 Page 51.
9. The Note and Mortgage and all other major
documents memorializing, evidencing, or effecting the August
5, 1997 transaction were signed and delivered to the
Respondents on or about August 5, 1997.
10. Pursuant to the terms of the Note, payment of the
principal, without interest, was due in full upon the
closing on the sale of the Lot, or on February 4, 2000,
whichever event occurred first.
11. Respondents subsequently assigned the Mortgage
(the "Assignment") to the Dauphin Deposit Bank and Trust
Company (the "Bank").
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12. On December 11, 1998, petitioners settled on a
sale of the Lot as then improved by a residence and related
improvements constructed thereon, for a contract sales price
of $314,900.00.
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13. Present at the December 11, 1998 settlement was
Petitioner, James Hutchison, who also represented petitioner
Cynthia Hutchison as her attorney in fact, as well as the
purchasers and the title agent for the purchasers.
14. Respondents were also represented at the August 5,
1997 settlement through their licensed real estate agent,
Joseph Snyder, who participated in the settlement by
telephone. Joseph Snyder indicated on behalf of Sample
Bridge Associates that all conditions to the sale had been
met, and all obligations to Sample Bridge Associates had
been satisfied.
15. Prior to closing, the Bank as assignee to
Respondents, was requested to provide a payoff as to the
Note secured by the Mortgage.
16. In response to the request to the Bank for a
payoff, the Bank responded in writing to the title company
by a letter dated December 14, 1998 (the "Payoff Letter") .
In such letter, the Bank stated that the Mortgage was paid
in full and no monies were due to the Bank for the
satisfaction of the Mortgage. The letter further set forth
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that a Mortgage Satisfaction Piece would be provided to the
title company. A true and correct copy of the payoff letter
is attached hereto and labeled Exhibit "B".
17. Based upon Mr. Snyder's representations and the
December 14, 1998 payoff letter from the Bank, settlement on
the sale of the real property was held and disbursement was
subsequently authorized. As a result thereof, petitioners
were issued a check by the title company in the amount of
$96,756.83.
18. The Bank subsequently filed a Mortgage
Satisfaction piece on February 10, 1999 at Book 603, page
265 at the Cumberland County Recorder of Deeds. Such
Mortgage Satisfaction Piece sets forth that the debt secured
by the Mortgage had been paid or otherwise discharged. A
true and correct copy of the Mortgage Satisfaction Piece is
attached hereto and labeled Exhibit "CO.
19. As a result of the Mortgage Satisfaction piece
filed by the Bank, the Mortgage was marked fully satisfied
on February 10, 1999 by the Cumberland County Recorder of
Deeds. A true and correct copy of the Mortgage marked as
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satisfied is attached hereto and labeled Exhibit "D".
20. Based upon the representations of the agent for
Sample Bridge Associates at the time of closing, the Bank's
Mortgage Satisfaction Piece, and the Mortgage marked as
satisfied, Petitioners reasonably believed that all
obligations under the Note had been satisfied and the debt
had therefore been extinguished.
21. The Cumberland County Prothonotary entered
judgment by confession against Petitioners on February 14,
2000.
II. PETITION TO STRIKE JUDGMENT
22. Paragraphs 1 through 21 are incorporated herein by
reference as if more fully set forth.
23. Paragraph 18 of the Complaint asserts that a
default has occurred under the terms of the Note
notwithstanding the fact that a properly executed Mortgage
Satisfaction piece was filed by the then holder in the
Cumberland County Recorder of Deeds Office on February 10,
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1999, by the Assignee of Record. Such Mortgage Satisfaction
Piece, specifically so states and by operation of law, the
underlying debt secured by the Mortgage is satisfied.
24. The Respondents have offered no documentation or
other evidence to support the assertion that the debt
represented by the Note and secured by the Mortgage has not
been satisfied.
25. The Respondents have offered no documents or other
evidence setting forth that the Mortgage Satisfaction piece
filed with the Cumberland County Prothonotary was defective
in any way.
26. The Complaint in Confession of Judgment, and the
judgement based thereon, fail to refute that the debt
underlying the mortgage has been satisfied. Accordingly,
!~ the Confession of Judgment and Judgment entered thereon
should be stricken.
27. The purported warrant for confession of judgment
contained in the Note lacks any dollar amount, rate,
percentage or other calculation as may be added for .costs
8
II
~-'
and other expenses" or as would tabulate reasonable attorney
fees. Consequently, the Complaint and the Judgement entered
thereon are defective on their face and must be stricken.
28. The Complaint itself sets forth that the Bank was
assigned the Mortgage by Respondents.
29. The Complaint does not set forth that the Note and
Mortgage were properly re-negotiated back to Respondents
after it was Assigned to the Bank on or about August 5,
1997 .
"
!I
"
I'
-,
30. Consequently, Respondents have failed to establish
themselves as the proper holder of the Note and therefore
Judgment thereon cannot be entered and should be stricken.
III. IN THE ALTERNATIVE. PETITION TO OPEN JUDGMENT
31. Paragraphs 1 through 30 are hereby incorporated by
reference as if more fully set forth.
32. petitioners have submitted their petition to
Strike or, in the Alternative, Open Judgment in a timely
9
II
~i
manner.
33. The Complaint is defective in that it has failed
to establish a default under the terms of the Note on
December 11, 1998 or on February 4, 2000.
34. The Complaint is defective in that the Respondents
have failed to establish themselves as the holder of the
Note after August 5, 1997.
35. Based upon the representations made on December
11, 1998 by Joseph Snyder, agent for Sample Bridge
Associates, and by the Mortgage Satisfaction piece filed by
the Bank on February 10, 1999, Respondents are estopped from
denying and have waived any right to deny that the debt
evidenced by the Note is and has been satisfied as of
December 11, 1998.
36. Based upon the petitioners' reliance upon the
aforementioned representations made by Sample Bridge
Associates' through its agent, and the Mortgage Satisfaction
piece filed by the Bank, and the length of time that has
10
II
i~~
passed since those events, Petitioners would be prejudiced
if Respondents were allowed to assert a default under the
Note. Further, the Complaint should be barred by latches.
37. The Complaint is defective in its calculation of
attorney fees owed under the Note as of February 14, 2000 in
that it fails to provide any documentation indicating that
those fees are reasonably related to the work actually
performed.
38. All the reasons as stated herein constitute good
and meritorious defenses of the Petitioners to the
Complaint. Consequently the Judgement must be opened as to
permit the meritorious defenses to be heard.
IV. REQUEST FOR STAY OF PROCEEDINGS
39. Paragraph 1 through 38 are hereby incorporated by
reference as if more fully set forth.
40. Respondent has obtained Judgment by Confession
against the Petitioners.
11
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., -
I
.-!
41. The Judgement, for the reasons stated above, is
void on its face and must be stricken.
42. In the alternative, Petitioners have good and
meritorious defenses to the Judgment and the Judgment must
be opened.
43. Failure to stay all matters, including without
limitation any levy or attachment, would cause the
Petitioners to incur unnecessary expenses.
44. The harm that the Petitioners would sustain far
outweighs any injury that would be incurred by Respondent as
a result of the Stay of all proceedings while this Petition
to Strike or Open Judgment is heard.
WHEREFORE, petitioners respectfully request that this
Honorable Court strike the aforesaid Judgment or, in the
alternative, order that the Judgment be opened so as to
12
II
,......
i,i
",'
I~~
,'.-
permit the meritorious defenses to be heard; that this
Honorable Court stay all proceedings in the interim; and
that this Honorable Court grant such other and further
relief that may be just and appropriate.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: ~-\~-CO
, UCJJ-- ~
Chernicoff, Esquire
23380
Van Eck, Esquire
I.D. No. 83087
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for
Petitioner/Defendant)
By:
13
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~~ ~
-.,1:
VERIFICATION
I, James W. Hutchison, Jr., verify that the statements
made in the foregoing Petition to Strike or, in the
Alternative, Open Judgment are true and correct to the best
of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of
unsworn falsification to authorities.
mes W.
Date: j//llf R- 00
~~
i
EXHIBIT "A"
19
I,
II
-'~. ,1- J;
PROMISSORY NOTE
i
$48,320.00 August sit, , 1997
i
: FOR VALUE RECEIVED, JAMES W. HUTCHISON, JR. and CYNTHIA G.
,
HUTCHIS(j)N, husband and wife, residing at 265 Mt. Airy Road, Lewisberry, Pennsylvania
173~9 (he~einafterindividually and collectively referred to as the "Maker") do irrevocably
and ,unco~ditionally promise to pay to the order of SAMPLE BRIDGE ASSOCIATES, a
Pennsylvania gene~al partnership having an office at 6570 Carlisle Pike, Mechanicsburg,
Pennsylva~ia 170S5 (hereinafter referred to as the "Payee"), without offset or defalcation,
the princi~al sum' of FORTY-EIGHT THOUSAND THREEj,lUNDRED TWENTY AND
001100th OlOLLARS ($4B,320.00) without interest.
i
I
! The principal shall be due and paid in full on the earlier of (i) closing on the
sale 'Of theireal property of the Maker known as Lot 3, Phase III of The Peninsula, Silver
Spring To~nship, Cumberland County, Pennsylvania, or (ii) February Jifl" 2000.
;
,
,
! In the event of any default in payment of the principal under this Note for a
period of tkn (10) days after the same shall have become due a11d payable, an Event of
Defatult sh~1I occur hereunder. If an Event of Default shall occur hereunder, the principal
amount ou~standing on this Note, together with said interest at a default rate of fifteen
percent (1 SOfo) "Default Rate", may, at the option of the Payee, become immediately due and
payalble with the effect provided herein. In such case, the Payee may also recover all costs
of suit and tther expenses in connection therewith, together with reasonable attorney's fees,
toge~her WIth interest at the default rate on any judgment obtained by the Payee at the
default rate provided herein, including interest at that rate from and after the date of any
sheriff's sat until actual payment is made by the Sheriff to the Payee of the full amount.
Such: intere t shall continue to accrue despite any legal moratorium on payment or any delay
in paymen ordered or permitted by any court assuming jurisdiction.
!
I
i In EV,ent of Default, the Maker does hereby irrevocably authorize and
n" ~ ,.-..,.. ..- -.,! -. - -.. -.
emP9wer <\Oy attor\1ey of any court of record in the Commonwealth of Pennsylvania or
elsewhere, iin case I!>f an event of uncured default hereunder, to appear for the Maker and
on his beh~lf and tp confess judgment against the Maker in favor of the Payee, with or
without dedlaration 'filed, for the unpaid principal balance hereof, together with all amounts
for which t~e Maker may be liable to the Payee hereunder, including, but not limited to,
unpaid interest, costs and other expenses of suit and reasonable attorney's fees, all as
afore~aid. ~f a copy; hereof, verified by affidavit, shall have been filed in said proceedings,
It shall not pe necessary to file the original as a warrant of attorney.
~.~ ~
" . ~
..'-~ ~"~ ~~ "i
,
.... ,.
~ ""
. ..
""_'M..___.___
. MAKER REPRESENTS THAT HIS ANNUAL INCOME EXCEEDS $10,000 AND
ACKNOWLEDGES THAT MAKER. UNDERSTANDS THE MEANING AND EFFECT OF THE
CONFESSION CONTAINED IN THE FOREGOING PARAGRAPH. SPECIFICALLY, MAKER
UNDERSl'y\NDS ~ONG OTHER THINGS THAT (1) MAKER IS RELINQUISHING THE
RIGHT TO HAVE NOTICE EXCEPT AS PROVIDED HEREIN, AN OPPORTUNITY TO BE
HEARD, fJND THE RIGHT TO HAVE THE BURDEN OF PROOF OF DEFAULT REST ON
I ,
PA VEE ORITHE HOLDER HEREOF PRIOR TO THE ENTRY OF JUDGMENT, (2) THE ENTRY
OF JUDGfjilENT MAY RESULT IN A LIEN ON MAKER'S PROPERTY (3) MAKER WILL BEAR
THE BUR!\>EN AN:D EXPENSE OF ATTACKING THE JUDGMENT AND CHALLENGING
EXECUTION OF THE LIEN AND SALE OF THE PROPERTY COVERED THEREBY, AND (4)
- ,
ENOUGH! OF MA-KER'S PROPERTY MAY BE TAKEN TO PAY THE AMOUNT DUE
. HEREUNqER.
i
i The authority granted herein to confess judgment shall not be exhausted by
any exerci~e there<!lf, but shall continue, and may be exercised as aforesaid, from time to
time' and a~ all tim~s until payment in full of all the amounts due hereunder.
'-'. ,~.
;
! The Maker hereby waives and releases all errors, defects and imperfections of
a pr(lCedU~' nature in any proceedings instituted by the Payee hereunder, as well as all
benefits th t might ,accrue to the Maker by virtue of any present or future laws exempting
any proper y, real or personal, or any part of the proceeds arising from any sale of any such
pro~rty, f om attachment, levy or sale under execution, or providing for any stay of
execution, iexemption from civil process, or extension of time for payment. The Maker
agre~ t~at ~ny real ies~ate that ~ay be levied upon pursua~t to any wri~ of exec.ution issued
on any Judgment obtained by vIrtue hereof, may be sold, In whole or In part, In any order
desired by ~he Payee.
. ; !
!
t The Maker hereby waives presentment for payment, demand, notice of
demand, n tice of nonpayment or dishonor, protest and notice of protest of this Note, and
all other n tices in connection with the delivery, acceptance, performance, default or
enforceme~t of the payment of this Note, e){cept for the notice of non-payment provided for
hereunder, land agrees that its liability shall not be. affected in any manner by any
indulgence,1 extension of time, renewal. waiver or modification granted or consented to by
the Piayee. i The Maker consents to any and all extensions of time, renewals, waivers or
modificatio~s that f!l1ay be granted by the Payee with respect to the payment or other
p~ovi$jons .~f .thi~ ~ote, and to the release of the collateral or any part thereof, with or
without sUbptltutlon,
I !
I
. i The Payee shall not be deemed, by any act of omission or commission, to
have waiveljl any of its rights or remedies hereunder unless such waiver is in writing and
signecil byari authori2:ed representative of the Payee, and then only to the extent specifically
set forth in ~aid writing. A waiver of one event shall not be construed as continuing or as
a bar ~o or '(Yaiver of any right or remedy to a subsequent event. .
.2-
.'
,..
,
- -
I
hereby. i
,
! All issues arising hereunder shall be governed by the laws of the
Commonv}ealth of: Pennsylvania.
I '
: I. The terms "Note" as used herein shall mean the same as amended, modified
or altered trom tinie to time.
I
I
I This obligation shall be legally binding upon and shall inure to the Maker and
the Payee, I and their respective heirs, successors and assign:;;
i ,
I .
i IN vitlTNESS WHEREOF, the Maker, intending to be legally bound, has
exequted ttis Note!to be executed this 4 day of t?~h.r 11997.
WITNESS: i MAKER:
- I
~~~~
I
I
!
The 'Maker intends this to be a sealed instrument and to be legally bound
\J
(SEAU
104914
- 3 -
EXHIBIT "B"
20
II
:I '"
-"
o
Dauphin Deposit Bank
and Trust Comp<;JnY
"'
.
r..-
,
30~fl MAlII\l:" 3TREP 'JA.MI"' tllLL. PENNaYl.VANIA, I fUI'
7Irn'.41t~
Do,ombor 14, 19<18 .
S~cured Land Tl'w15fcr~, Inc.
3KI)~ MRrlool Slr'~I'
Ca"p lIi1l, PA 17()J I
AUn: Jan Rayle.s
I!.I\:' Sample Rr!clae Associatc. Mortgllg<'
Lot3, The P~nin~ulu, 1.h~~',JJI
(, eJalrburn Dlivo. M'~hanic.bnrg, Silve. Spring 'fownship
C"1lIilbcrlnnd:Counly
To Wh<l11l it May Conctm:
/'Iea.c be udvi"lld Ihlll Ihe beluw ",fcreIlU<<' m"rtaagu h., hee" plIid in 11I11 and will be
RatiRf1cd of record Ql*lhe <:uznberlancl County C:()\~rlh\)UKC a." 'soon as )')O$Slblc. ~ndhre, n(')
moni..~ Ill'C due Oaupllin Deposit Rank for II" slIlisf.,.tion. The original .atisf.ctl"n pl...c will
be lIi.lied 10 ynur nlliee fur reCOrding.
",,
, J"",o. W. MUlehin.on, Jr. tIlld Cynlhi. (j, Hulchinsoillo SlImplc Bridge "...,eialo,. dared
^"g~S1 5, 1997 and recorded A"II"16, 1??7 in Iho Rceord,.,- "fDeeds Office in and for
Cnnlibcrland CoUIIly, Pcnnsylvllllla, in Mnrl~ag" B"nk 1398, Pago 51, having an original balane,
Ilf $48,320.00. ^~.i,ncd tn l)~u)lhin I)""",ir nWl. lInd 1..".1 C"",,,any elutod August S, 1997
und l\'JCnrdt!d ill MiSColl=u.' Rook 553. Page <>46.
Very! lruly yours,
~(.y
~~~~-;. O~a"mn.#,
Vice l're.ident .
~':
;1
,
,
EXHIBIT "C"
21
II
'"l>O<IliIIO'''',....~-~...-
~~
.'
12I'U{II' Ifl)~ U:llll TAT. 1JT UJ tn.
1'11le47"f(JI#"
I
RHOADS 6 SINON LU
1lIt1t1~
-,
lAMES W: HUTCHISON 'M
CVNTHIIi C. HUTCHISON,
MO_OI
Pmml~)n Silver Sprlns Tuwnshlp
Curnlia1l1f\d County, Pennsylvania
v.
SAMPLE BRIOCE ^-SSOClA1'ES.
M.......
v.
<>
~::a~
"""'(')
,,,gl:.r
~~,[.,
~ rn"
0~:l ;:
~ g~:;
c ~-J 10,
..... =m~
.... -1,,\ in
-;<~:;&l
...
".
, DAUPHIN DEPOSIT DANK AND
TRUST COMPANY, I
AsslineelMotlgi'g4!:P. ;
MJi.B'Is;Afif.ill.ISFACTION JllECE
Name of MortS.gorl
Jam8$ w. liukhison and Cynthia Q. '1U1<:tllsof"l
Name 01 Morlga~e.:
sampJ~ BrIdge ^~~or.ialei
,
N~m& of ~~lan"/Morta..ee:
Date 01 MotIFI':
Dauphin DIi)1uslt D.nk and TrlJlf ComPany
Au.un S, TSI:J7
Dale: of Allianmtn1 of MOrlS.le: August 5, 1997
Orlll..1 I<\O"p,ol>eb'
140,320.00
MOrlPB~ Recordlltlon: MOtIlap recorded 011 ^I.IIUfl 6. 1tt7, In lne OfflQfl 01 ,h. Rect>rder
or o-ds in and rot CumbvrlJnd Counl)", Ptlll\sylv4I1leln 8DDk 1396, PICe 5 I. Asslgnm."t
. or Mottlll,e recorded "u&utI6, 1997 and recorded in tFrt Omce of !he Recorder of OHM In
;nd forcUmberland'Courrty.,Pennsylvanla In MiSe. nook "';Pqe '46.
,
Mortl1ced Pttmtsell ALL TH^T CfRTA1N tract or pareol 0' land sItuate In Silver Spr1f'lS
Towl\shlp. Cumberland County, Pennsylvania, and .1 mote pat!leularlY described in $lId
. rnonpge;
. Sati,factJon and DllGllarp of Mor'Cpr;e: lh~ um:fersJ.~ certlflu and adt:nowledlel that
, lhe detu s2aJred ~ th. abovt: men1ioned Mort"" hn been fully PJ;ld or olhtlWlse
dilichatp:i, I"dudln, the recelpl fJr MY Interest pl)'.,le on d)tt \ MoltSDle. Thro\,Jlh Iha
. ,
I
, a~"I.1
e,'J!. G03 i'M-, ~SS
l
, ; On ihi,l!i!!!.. day nf I1tcl'::~ ' 1998. bt/nn. me. . Not>rv Public, ,ho
undeD1itled officer, pmon:.lly Ippurad _ _/,,,./1 1<. ~\'..--, _ who
.",nowledsed hlm..I! 10 b. lhe l\I"lCI) President of O.uploln Otpo,lt Ilan~ and TM'
(omp1\ny, and thai h. al .~o;h CVIp>l Vre<ld.nl, bolns aUlhor~ 10 do 10, .....,.d l~c
tDre&olna instrument 'or the purposes lhereln contaIned by 1I11\11'l1 the daMe o( Oluphlf'l
iIl,po.1I $ank and rlVl' compiV a~ (VIce) p...lden" -' _0", - I :
: IN WITNESS WHEREOF, I have horeullto Sell my hand Rnd norarhd ,ul.
. ~J(.fk
tllillllH 1lIlll1lD4llV 'ltI.1~WoIf,llllll".w. N ry Public ' I ,
01' '1ft.. \IO~ w
i ~&r""
-~
U/l~/ll8 UCIN 14;01 FAX 7'17 231 Ilf4
,
, ~~r' "II
'\StAll
COMMONWEALTH OF PENNSnVANJA,
COUNty OF C"... b.,~ I"".\.
6:11:.\ f!tE26, 6
~.!llJ~
I.
" ~
'-,to
kU(),I..b$ .. SINoN LLP
..
ss:
My Commission E""".,
!SEAL)
. .'.:.....~.~;:;: .::~...,
I't: ;:;,'I'IASf',\"
, ",..- ',,-\.,
i j...... '~'.':.'
! i,t$ .~; I i ~
.ll'Y' ..: l
);'.~:,.'~::;:~~i~.'/
-...
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~=GU.iiciIt
~. Ptnn~yMM AuocIdMtI,...1II
.',-"
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.~
J
'~
'll004
"-
'I~
EXHIBIT "D"
22
II
~~
~ ,
~~ > [
'-''-' .~ :J:J
l~,UU ~O.UUO ~.UO
, f!.~J1"a.,.itU
~':l fi on, u,? rr. (y. n)
-'
I'
--
...._"...
lHIS MORTGAGE SA1ISFIED
BY SAlISfACTlON PIEC~ 9 'If
01-'0 ~~_f~1
II'" \'.. ~
1,cr;l1RO[l) IN MISCl B~ :_. _llf'E 19
--~j C'-11 't '
. ), \ r~l,e .3..,
M!LlU'1illiE
. ,
Fer rille InlO lhe Mortgagor, see Dl~ed rDcorded in the County of Cumberland, in Dook
~P.g._,
TOGF.THER. will, aU bulldl"a', in\Jlmvemcl'fs. rlahls of way, r1shr5 and prhdleges,
he-'~lItamonts ~nd appurtenlnees, ;uullhe raversioll', remalndors, renls, Issues and profhs
lhtreof.
M9rtgagor covena,\lS and w.vrants thUl Morrg.,gor has full fee sImple title \0 premises
d..crlbed above; lhit tho ~ulldi"15 on the preml$es .hal,1 b. kept insured aBlinn loss by fire
and Olher dI"u.,hy (or bene'h of Morlcagee' in amouna, nUsf*dory fo Mortgagee, wl1h
st,.,dard Mortgilsee clause; and MorlS:i1gor will pay any tlX, lUessmenl, munidpal or other
gov. ernmen~1 charge, lncl~dlnl warer and ~er rents ch.tpd to said" premises, and will
deliver 10 MOrtaagee receipts thereforo iml'fllldiately, on demand.
Provided Ihat If said NOle'ls pnld in accordn'lce w1th It$ terrhs and if an orher lerms.
condilionl' and coycnanl$ of ,hi. MorlCrlgl2 and Ine aforesefd Note are performed, the estala
he~eby ,ranted shall cea.e and thili Morl{',agc $hi\1I b, void and of no elfect.
In Ihe evenr of default hereu",der, MOrl;agep, may Insdtule an action of morrgage foraclosure
hereon, If Mortg8BIIC! ret~'n5 an attorney to instllute ~~Ion on said Note or ilIn I1cLlon of
'ook 139B rilE 51
-'
~
-
!riJ<;4J' j" fY.~.i., f.o/.;u ~.<&. w.
, /JA -I"'~ j''> rt~ (r677)
,44 r~l IX' f;J', (I
~ \ I~Lr ."k. DAlE ..e..=-.l2-.SfiE~9.!.1
MQ[I~ THIS MORTgAG FU ~All .
. . u~~,
, THIS MORTCACE m,do 'hi, :;11. dav 01 ~ . 1997.
b.tw..n JAMES W. HUTCHISON, JR. .nd CYNTHIA a. HllTCHISO husband end wile_
re,idlng at 265 MI. Airy ROld, lewl,:ucrry. PennsylvanI., JOintly and severally as Monpgor,
and SAMPLE ORIOCE ASSOCIATES, a Pcnn.ylvanla 8ennl partnershipl ilS Mortgagee.
w)TNESSETH that the Marts_sor hilS Cll:eculed oiIml deUve~ 10 the MOI1PBee oil Promissory
NotC!1 on this dale, in the amounl (if FOlly.l:lght Thoullnd Three Hundrad Twenly Dollilrs
t$.8.320.00), wllhout interallhereon, n~(lui(lnc the performance of all the temu, COVenanl5
and condition" therein ~talnedl 1111 u( which are made an inteCfal pari hereof and
1'1!:l'orporaled herein by reterence. As evident:t'! of said Indebledness of MOrlpaor 10
MDrllaBee, and M securlly for payment uf said PromlPOty Note. Ind in ~onsldu,,,t1on or
$ hOO paid by Morlgagee, the Mortgagor does hereby barBIln. sell, eran' and convey unlo
M~rtgalJee:
AU. THAT tERT^IN piece of land, ;illlalc in: Sliver Spring Township, County of
CUmberland' and Commoriwealth o( Pennsylvania, known as lot 3, Phase III of Thn
Peninsula.
For litle inlfl, tho Mortgllor, 'ao Deed r~nrded In die County of Cumberland, in Book
_'-' Pa8~_.
Td.GF.THER -wilh all buildln,s, Im"rnVemp.nl~. righls of way, rights and privllegC5,
hct.cditamenrs and appurt.nlne.., .md Ihe Ieversions, remainders, renls, issues and PIoOtS
thcicor.
M0111"80r cov.:nllnts and Wlrrallls lhat MOrlgi\&or has lull fee slmpl. nile 10 promises
de*ribed abQve; that the bulldlnp on the pnunlst!s shall be kepi Insured againslloS$ by fire
and other casuallY for benefit of MorrC3cee in ilmounlS satlsfaclory 10 MortgaBee, with
slarldard MOIl'gagee clause; al'ld Marlgagor will flay any tax, ItSeJImenl, municlpo,l ot other
governmental charge, IncludIng Willer and JtWcr rents chars:ed to said premises, and will
del~ver 10 Mortsagl!e rccelp!. therefore Immedli1ltlly, on demand.
Provided Iha' If said Nole "5 paid In aoc(lrda'll:Q whh Ita term, 61ld If ....n olher lerm5,
contlllions and Coyenant, or this Mortgar,e i\nrllhc afol"tAld'Notl IrQ perlormed, the eSlale
h"~by granted sh.1I c.:ue ond l!lis Mortg"gc ,h.1I h. vOlt! tnd or M e<<.Cl.
In the evenT of dcfault hereunder, MorlgagcQ mil)" hUli(Ute an action of mortcase foreclo5ura
her60n. Ir MOrlgalo8 retaIns: in allorn~y 10 instHule aetl~n on said Neue or an actlnn of
SO" 1398 rAGE 51
-;~:t.
)\~
COMMONWE1l\.lIh" ~NI'IIlINl)A } ..
Co\.lfllyo1CU~E"~ ~
I n,t",".Zio\ll4t. ~BCBif8I." ....
Cerlifv Ill'" 'I'li 1"."',. I WI :
'."l'l~'B.' _.J:J.....
_....~ ....... ohI8
fPP!.'e~O\'/r-i""" ,
,.",
q.~,
,.',
.,;.f~,
;' ,.,,:
,.;;'t!:;
..;...
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." -" --
1'-
w'- I ~L ';;j;;
1':U2 NO.008 P.08
'."'.
foredo'1\Jre 0., Ihi'i Morl&~&9, Mo'\8i18I')r $ohi'llll:l.lY, in ;addition to the prIncipal. inlGrosl and
cCJslJJ iln aunrhey's coHeerion (ee 01 15"1.. of Ihe prlncipa' balance Ihen due: and if a
jude~le"l Is elllered In ravor or Morle;ag,!o ilfoainsr Mortsalor In $aId lull and Monp,ee
lhere~rler S'CUr,eSII Writ o( ElCICIItlon or other appropriate writ, Mortlagor waives all rllhlJ,
and ~n.nrs un'der any and alll;jws or rules of the court now or herealler In affect, "anting
or pet-milling af1Y exemption or stay of exC!cution aBainlf rhe mortSISc.td Pl'6rnisu Or any
olher!properly ~al$oaver, and such judemon' shidl bu.tr Inloroll I' tho maximum logal rale
unUllhc lull omount .llh. dobll, ,cluolly 1';1111.
The ..yord "Marlcage,," shall be ~nslrucd 10 irlC:ludc succeuors,nd assicns of Morll;alf!l:!,
and t~o word ~orllilgo" .hall ,be con$.lrued 10 Include the respective helts, eJ(ICUI015,
administralors, _ucc8s$ors. and uslans of Mortgagor. " there I. More Ihan one party named
herein IS a MoctPlor, the word HMOltllacor,ll whenever'oCcurrlns, shall be deemed and
I.lken ~o be the ~lUtal; aru:I "U covenanlS, WaivtTl, wllI"an", prom.slt and relwes by, and
lhe ot!lisaUons tlr lIabilllies Imposed on Morlt(ilgor under thl. Mortaace sh,n bind .hem
; iotntl~ and leveta,tly, losether with eac:h of theIr ro:spccUve her", executOl'l, admlnlstrcuors,
suc:ces!sors and asS';n$..
IN WitNESS WIlEREOF, .nd Inlendins 10 b. lesolly beund horeby, Morls.se, has hereun,e
SIt hand and seal the day and year lirsl abovQ wrlUcn. .
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COMMONWEJ,lTH OF PENNSYLVANIA I
; ) 55:
CO!JNTY OF C"... emu,....o )
; : Oll.his. the,[1{ day of .._IZJ~f . , 997, before me, the underslcncd
Omfer. perso;'3Uy appltared James w. li~f~~d cynthia G. HUlchlson, husband
JI'lc( wlte. kl'lown to me lor saUsfaClol'i1y proven) 10 be Ihe person' whose names are
su~crlbcd lOi the within docum,"~ and :!r.knowludged thallhey eXGaJled the same tor Ihe
purposes therein contained.
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'IN WITNESS WHEREOF, I he,eunlo ..I "'f hand .nd omci.1 ...1.
~J<"~ J."~&../:rr
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Silll1ple Bridge Assocl.tll .
6.57(1 Carll$le Pi
MAchanicsbufS, PA
CQMMONWEJ,LTH OF PENNSYLVANIA )
: ) 55:
COUNTY O~ CUMBERLAND ~ ). .
, . Ro<:ord.d on Ihl,wr day of CCu:.. A.D. 1'97, In Ih. Record..',
or. ~ ..said County 'ntl!o~L, p~
.i rlf~ I 'en under m~~lI1d ;lnd Iho s.ual of lhe saId Office, the dale above wrinen.
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iN. 0111101)\ UiJhioOr.Wa)' line 01 ClllIbutn Drive SO"lh .1 "Iron SI "'Iou... "2 11001141 Wesl,
'. cJi,llul!c" 01 lSO.OO rC~l '0 I pol", DII Ibll l!iUl~rt1 Unt AI '.81 n Or Ihc Plan of l41l 01 'l'be
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iho ptael: 01 lIEGINNING. _
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~~ro. ~I:tO subJ"'- IU a drain... UWUtnllt IJlo\Yn on Ih& 'Ian of Loll 01 "Tile Peninsula.
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for Ihll IlItO,dlng of Ooeij,
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; The tmderslgned hereby cer!ines that the correct add"lSS of the above
Ma,taso( " u foll<lws:
By:
AllomeyJ for MOrlgalor
CO~I\tIONWEAl"Jlil OF PENNSYLVANIA:
. ! i! '
COt.!NlY 0F CUMbfRLAND
i ,
, l Reco~ on !h1$ _ day of
Officio of ~d Coun\)'. in Book..,--..l pase_,
j
, Civert under my hand ond the seol of the said otrlal. the dale above wrltlon.
!
,
. 1998, In the Recorder'.
Recolder
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SAMPLE BRIDGE ASSOCIATES,
Plaintiff/Respondent
v.
JAMES W. HUTCHISON, JR.
and CYNTHIA G. HUTCHISON
Husband and Wife
Defendants/Petitioners
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2000-864
CERTIFICATE OF SERVICE
I, Henry W. Van Eck, Esquire, do hereby certify that a
true and correct copy of the foregoing Petition to Strike,
or in the Alternative, Open Judgment was placed in the
United States Mail, First Class delivery in Harrisburg,
Pennsylvania on this date and addressed to the following:
Jack F. Hurley, Jr., Esquire
Timothy J. Nieman, Esquire
Rhoads & Sinon, LLP
1 S. Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
Date:s-13-00
II
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By: L."J! LJ.
Henry W. ~~n Eck,
I.D. No. il3087
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for
Petitioner/Defendant)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00864 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAMPLE BRIDGE ASSOCIATES
VS
HUTCHINSON JAMES W JR ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGMENT
was served upon
HUTCHINSON JAMES W JR
the
DEFENDANT
, at 0020:09 HOURS, on the 23rd day of February, 2000
at 414 S YORK ST
MECHANICSBURG, PA 17055
by handing to
JAMES HUTCHINSON
a true and attested copy of CONFESSION OF JUDGMENT
together with
NOTICE & COMPLAINT IN CONFESSION OF JUDGEMENT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers: ~/ L
rV ~-t:~?
R. Thomas Kline
Sworn and Subscribed to before
02/25/2000
RHOADS & SINON
(~heq~
By:
me this ::l3~ day of
~ ;Lii7f\J A.D.
(7~h'20~~iu, ~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00864 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAMPLE BRIDGE ASSOCIATES
VS
HUTCHINSON JAMES W JR ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGMENT
was served upon
HUTCHINSON CYNTHIA G
the
DEFENDANT
at 0020:09 HOURS, on the 23rd day of February, 2000
at 414 S YORK ST
MECHANICSBURG, PA 17055
by handing to
JAMES HUTCHINSON (HUSBAND)
a true and attested copy of CONFESSION OF JUDGMENT
together with
NOTICE & COMPLAINT IN CONFESSION OF JUDGEMENT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r~?vt:~.r
](. Thomas Kline
,-,,_.
me this ,1 '2d
day of
02/25/2000
RHOADS & SINON
By: Kd4~
Deputy Sheriff
Sworn and Subscribed to before
~ ,2.nW A.D.
l~ Co ~,-i#,~ _~
rothonotary'
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SAMPLE BRIDGE A SSOCIA TES,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff/Respondent,
v.
Docket No. 2000-864 Civil Term
JAMES W. HUTCHINSON, JR.
and CYNTHIA G. HUTCHINSON
Husband and Wife,
Defendants/Petitioners
ORDER
AND NOW this _ day of
, 2000, it is hereby ORDERED that
DefendantslPetitioners' Petition to Strike or, in the Alternative, Open Judgment is denied.
1.
- - ~
-,-'--"" -, --I-".~-;;
SAMPLE BRIDGE ASSOCIATES,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent,
v.
: Docket No. 2000-864 Civil Term
JAMES W. HUTCHINSON, JR.
and CYNTHIA G. HUTCHINSON
Husband and Wife,
Defendants/Petitioners
RESPONSE TO PETITION TO STRIKE OR.
IN THE ALTERNATIVE. OPEN JUDGMENT
NOW COMES Plaintiff/Respondent Sample Bridge Associates, by and through its
attorneys, Rhoads & Sinon LLP, and files this Response to Petition to Strike or, in the
Alternative, Open Judgment, stating as follows:
I. BACKGORUND
I. Admitted on information and belief.
2. Admitted.
3. Admitted.
4. The allegations of this Paragraph are legal conclusions to which no response is
required. By way of further answer, Defendants/Petitioners have failed to comply with the
requirements ofPa.R.Civ.P. 206.1 through 206.7 relating to petition practice and this Petition
should be dimissed.
5. Admitted.
6. Admitted.
339202.1
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7. Admitted.
8. Admitted.
9. Admitted in part and denied in part. It is admitted that the Note and Mortgage
were signed and delivered to the Respondent on or about August 5, 1997. Since the phrase "all
other major documents memorializing, evidencing or effecting the August 5,1997 transaction" is
vague, those allegations are denied.
10. Admitted.
11. It is admitted that Respondent assigned the Mortgage to the Dauphin Deposit
Bank and Trust Company (the "Bank"). The Note, however, was not assigned to the Bank. To
the contrary, Respondent has always been the lawful holder ofthe Note.
12. Admitted on information and belief.
13. After reasonable investigation, Respondent is without sufficient information to
admit or deny the allegations of this Paragraph. By way of further answer, it would be
customary for the property owner and title agent to be present at a real estate settlement
14. Denied as stated. As evidenced by subsequent averments in their Petition,
Petitioners have apparently made the allegations in this Paragraph in an attempt to confuse the
facts and issues by suggesting that Respondent was represented at the December 11, 1998
settlement referenced in the preceding paragraph where Petitioners closed on the conveyance of
the Lot as then improved with a residence. It is admitted that Respondent was represented at the
August 5, 1997 settlement through their licensed real estate agent, Joseph Snyder. Respondent
was not represented at the December 11, 1998 settlement where Petitioners sold the Lot, as
improved with a house, and thus pursuant to the Note were required to pay $48,300 to
Respondent. Likewise, at no time in connection with the December I 1, 1998 settlement did a
',- -",;i
representative of Respondent indicate that all conditions to the sale had been met and all
obligations to Respondent had been satisfied.
15. Denied. It is denied that prior to closing at the December 11, 1998 settlement the
Bank as assignee to Respondents was requested to provide a payoff as to the Note secured by the
Mortgage. To the contrary, the Note was never assigned to the Bank and thus, the Bank could
not, and did not, provide a payoff as to the Note.
16. Denied as stated. Once again Petitioners are trying to confuse the facts and
issues. In the preceding Paragraph the Petitioners incorrectly alleged that they asked for a payoff
from the Bank with respect to the Note secured by the Mortgage. In this Paragraph the
Petitioners allege that the Bank indicated that the Mortgage was satisfied. While it is admitted
that the Bank represented to the title company by a letter dated December 14, 1998 (the "Payoff
Letter") that the Mortgage was paid in full and no monies were due to the Bank for the
satisfaction of the Mortgage and that a Mortgage Satisfaction Piece would be provided to the title
company, the Bank made absolutely no representation concerning the Note. Additionally, the
Bank mistakenly and erroneously stated that the Mortgage was satisfied.
17. Admitted in part and denied in part. For the third time, Petitioners attempt to
confuse the facts and issues. As stated above, Mr. Snyder, Respondent's representative, was not
present or otherwise involved with the December 11, 1998 settlement. Thus, it is denied that
settlement on the sale of the real property was held and disbursement was subsequently
authorized on the basis of a representation made by Mr. Snyder. If Mr. Snyder had been present
at the December II, 1998 settlement, he would not have permitted the disbursement to be made.
It is admitted that at this closing the Petitioners were issued a check by the title company in the
amount of$96,756.83. This check, however, should have been reduced by $48,320.00 -- the
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amount Petitioners, pursuant to the terms of the Note, owed to the Respondent. Petitioners do
not allege in this Paragraph or anywhere else in their Petition that the $96,756.83 disbursed to
them at the December I I, 1998 settlement was the amount that they were actually entitled to.
18. Admitted. By way of further answer, the Bank mistakenly and erroneously
represented that the obligation secured by the Mortgage was satisfied. To date the obligation.
represented by the Note has not been satisfied by the Petitioners. AdditionaIIy, in their
Petition, Petitioners do not aver that they have paid the obligation evidenced by the Note.
19. Admitted. By way of further answer, the Bank mistakenly and erroneously
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represented that the obligation secured by the Mortgage was satisfied. To date the obligation
represented by the Note has not been satisfied by the Petitioners. Additionally, in their Petition,
Petitioners do not aver that they have paid the obligation evidenced by the Note.
20. After reasonable investigation, Respondent is unable to admit or deny what
information Petitioners relied upon. However, Respondent denies that there were representations
made at the December 11, 1998 settlement by Respondent's agent because Respondent's agent
was not present at the December 11, 1998 closing. By way of further answer, Petitioners knew
at the December 11, 1998 settlement, as they know today, that they did not and have not paid the
obligation evidenced by the Note.
21. Admitted.
II. THE JUDGMENT WAS PROPERLY ENTERED AND SHOULD NOT BE
STRUCK.
22. Paragraph 1 through 21 are incorporated herein by reference.
23. Admitted in part and denied in part. It is admitted that Paragraph 18 of the
Complaint correctly asserts that a default has occurred under the terms of the Note. It is denied
that the Mortgage Satisfaction Piece somehow alters this fact. The fact remains that despite the
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Mortgage Satisfaction Piece, the Petitioners have not paid their obligation under the terms of the
Note and that the Petitioners have not averred anywhere in their Petition that they paid the Note.
24. Denied. It is denied that the Respondents have offered no documentation or other
evidence to support the assertion that the debt represented by the Note and secured by the
Mortgage has not been satisfied. To the contrary, the verified Complaint in Confession of
Judgment states that the Note has not been satisfied and Respondent holds the Note. Likewise,
the Petitioners have presented no evidence, such as a cancelled check or the Note with a notation
of satisfaction, indicating that they have paid the obligation. Additionally, the Petitioners make
no averment that they have paid the Note.
25. Denied. It is denied that the Respondents have offered no documents or other
evidence setting forth that the Mortgage Satisfaction Piece filed with the Cumberland County
Prothonotary was defective in any way. To the contrary, the verified Complaint in Confession of
Judgment states that the Note has not been paid, that Respondent holds the Note and that the
Bank mistakenly and erroneously filed the Mortgage Satisfaction Piece. Likewise, the
Petitioners have presented no evidence, such as a cancelled check or the Note with a satisfaction
notation, that they have paid the obligation. Additionally, the Petitioners make no averment that
they have paid the Note or that the Mortgage Satisfaction Piece was proper.
26. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied. To
the contrary, the Complaint in Confession of Judgment clearly states in Paragraph 18 that a
default has occurred under the terms of the Note because the Petitioners closed on the sale of the
improved Lot and failed to pay the Respondent $48,320.00 pursuant to the terms of the Note.
,~- "_o~. - I ,. t-,j
27. The allegations of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed appropriate, these allegations are denied. To
the contrary, the warrant for confession of judgment contained in the Note is sufficiently specific
and the Judgment entered thereon is not defective in any way.
28. Admitted. By way of further answer, the Note was never assigned to the Banle
29. Denied. It is denied that the Complaint does not set forth that the Note and
Mortgage were properly re-negotiated back to Respondents after it was assigned to the Bank on
August 5,1997. To the contrary, the Complaint specifically provides that Respondent is the
holder of the Note. Additionally, since the Note was never assigned to the Bank, Respondent
has, at all times, held the Note.
30. Denied. Both the Complaint and the facts of this case establish that the
Respondent holds the Note.
III. THE JUDGMENT WAS PROPERLY ENTERED AND SHOULD NOT BE
OPENED.
31. Paragraphs I through 30 are hereby incorporated herein by reference.
32. Admitted.
33. Denied. It is denied that the Complaint is defective in that it has failed to
establish a default under the terms ofthe Note on December II, 1998 or on February 4, 2000.
To the contrary, and as outlined in this document and the Complaint in Confession of Judgment,
the Respondent has established that the there was a default under the terms of the Note. Simply
stated, the Petitioners have not paid the $48,320.00 obligation under the Note.
34. Denied. It is denied that the Complaint is defective in the Respondent has failed
to establish itself as the holder of the Note after August 5,1997. To the contrary, and as outlined
35. The allegations of this Paragraph, being legal conclusions, are denied. To the
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in this document and the Complaint in Confession of Judgment, the Respondent has established
that it holds the Note and has, at all times, held the Note.
extent that an answer is deemed appropriate, these allegations are denied. Once again Petitioners
attempt to confuse the facts and issues in this case. Mr. Snyder was not present at the December
I 1, 1998 settlement and thus Respondents are not estopped from alleging the uncontested fact
36. The allegations of this Paragraph, being legal conclusions, are denied. To the
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that the Petitioners have failed to satisfY the Note. As such, the judgment is proper and should
stand.
extent that an answer is deemed appropriate, these allegations are denied. Once again Petitioners
attempt to confuse the facts and issues in this case. Mr. Snyder was not present at the December
11, 1998 settlement and thus Respondents are not barred by laches from alleging the uncontested
fact that the Petitioners have failed to satisfY the Note. As such, the judgment is proper and
should stand. Additionally, there is no prejudice to Petitioners since they knew at the closing, as
they know today, that the Note has not been satisfied.
37. The allegations of this Paragraph, being legal conclusions, are denied. To the
extent that an answer is deemed appropriate, these allegations are denied. To the contrary, such
documentation is not required.
38. The allegations of this Paragraph, being legal conclusions, are denied. To the
extent that an answer is deemed appropriate, these allegations are denied. To the contrary, the
Petitioners have no meritorious defenses to the Complaint as they are in default under the terms
of the Note.
_1
.,-
IV. THE REOUEST FOR STAY OF PROCEEDINGS IS MOOT BECAUSE THE
COURT HAS ALREADY GRANTED IT.
39. Paragraphs 1 through 38 are hereby incorporated herein by reference.
40. Admitted.
41. The allegations of this Paragraph, being legal conclusions, are denied. To the
extent that an answer is deemed appropriate, these allegations are denied.
42. The allegations ofthis Paragraph, being legal conclusions, are denied. To the
extent that an answer is deemed appropriate, these allegations are denied.
43. The allegations of this Paragraph, being legal conclusions, are denied. To the
extent that an answer is deemed appropriate, these allegations are denied. Additionally, since the
Court has already stayed execution pending resolution of the instant Petition, these allegations
are moot
44. The allegations ofthis Paragraph, being legal conclusions, are denied. To the
extent that an answer is deemed appropriate, these allegations are denied. Additionally, since the
Court has already stayed execution pending resolution of the instant Petition, these allegations
are moot.
WHEREFORE, Respondent/Plaintiff Sample Bridge Associates, respectfully requests
that this Court deny Petitioners/Defendants James W. Hutchinson, Jr.'s and Cynthia G.
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,
"
,
Hutchinson's Petition to Strike, or, in the Alternative, Open Judgment and lift the stay on further
proceedings in this matter, including executions on the judgment.
RHOADS & SINON LLP
By:
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.
,,-
Jack F. urley, Jr.
Timothy 1. Nieman
One South Market Square
P.O. Box 1146
Harrisburg, PAl 7I 08- II 46
(717) 233-5731
Attorneys for Plaintifti'Respondent
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04/05/00 WED 10:09 FAX 717 231 6676
RHOADS & SINON LLP
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Vf;RIFICA'rlON
Joseph D. Snyder, deposes and says, subject to the penalties of 18 Pa C.S. 4904
relating to unsworn faI~jficlltiol1 to authorities, that he is the President of Sample Bridge, Inc.. a
general partner of Sample Bridge Associates, that he maims this verification as su~h officer by its
authority and that the facts set forth in the foregoing Complaint for Confession of Judgment are true
and correct to the best of his knowledge, information and belief.
Date: April ~ ~OO
-
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CERTIFICATE OF SERVICE
I hereby certify that on this Jlt. day of April, 2000, a true and correct copy of the
foregoing document was served by means of United States mail, first class, postage prepaid,
upon the following:
Robert K Chernicoff, Esquire
Henry W. Van Eck, Esquire
Cunningham & Chernicoff, P.C.
2320 North Second Street
P.O. Box 60457
Harrisburg, P A 17106-0457
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SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff/Respondent
vs.
DOCKET NO. 2000-864
JAMES W. HUTCHISON, JR. and
CYNTHIA G. HUTCHISON,
Defendant/Petitioners
CIVIL TERM
NOTICE OF STAY
NOTICE IS HEREBY GIVEN that James W. Hutchison, Jr., the above
named Defendant, has filed a petition under Chapter 7 of the United
States Bankruptcy Code to Case No. 1-00-01457 and as a result
thereof, the above captioned action is stayed until further Order
of the United States Bankruptcy Court. The undersigned executes
this Notice for purposes of giving notice only and the providing of
this Notice is not intended to enter an appearance in the within
case.
& CHERNICOFF, P.C.
Date:
~/?-tJo
Robert E.
Attorney I. . No.
2320 North Second
P. O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
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CERTIFICATE OF SERVICE
I, Linda B. Deaven, a legal secretary with the law firm of
Cunningham
&
Chernicoff,
P.C. ,
hereby
certify
that
on
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/7
2000, a true and correct copy of the
foregoing NOTICE OF STAY was served by first-class mail, postage
prepaid, on the following:
Timothy J. Nieman, Esquire
Rhoads & Sinon, LLP
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
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Linda B. Deaven
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SAMPLE BRIDGE ASSOCIATES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffi'Respondent
vs.
DOCKET No. 2000-864 Civil Term
JAMES W. HUTcmSON, JR. and
CYNTHIA G. HUTcmSON
Husband and Wife
Defendants/Petitioners
PRAECIPE TO WITHDRAW PETITION TO STRIKE OR,
IN THE ALTERNATIVE, OPEN JUDGMENT
On behalf of James W. Hutchison, Jr. and Cynthia G. Hutchison, please withdraw the
Petition to Strike or, in the Alternative, Open Judgment in the above captioned matter, with
prejudice.
Respectfully submitted:
Date: J~ /~ 2m;
Robert E. Chemico
2320 North Se d
P. O. Box 60457
Harrisburg, PA I7106-04 7
(717) 238-6570
Attorneys for Debtors
James W. Hutchison, Jr. and
Cynthia G. Hutchison
SJO\DOCS\PRAECIPE\HUTClfiSN
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CERTIFICATE OF SERVICE
I, Robert E. Chernicoff, Esquire, hereby certify that on ~ /7 , 200 I, a
true and correct copy of the foregoing PRAECIPE TO WITHDRA PETITION TO STRIKE OR,
IN THE ALTERNATIVE, OPEN JUDGlVlENT was served by first-class mail, postage prepaid, on
the following:
Office of the U. S. Trustee
P. O. Box 969
Harrisburg, PA 17108-0969
Charles 1. DeHart, III, Esquire
Standing Chapter I3 Trustee
Middle District of Pennsylvania
P. O. Box4IO
Hummelstown, PA 17036
Donna M. 1. Clark, Esquire
Rhoads & Sinon, LLP
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-Il46
JarnesVV.Hutcmso~Jr.
414 South York Road
Mechanicsburg, P A 17055
CUNNINGHAM & CHERNICOFF, P.c.
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