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Home My WebLink About03-2538 } MARK T. SILLIKER, Plaintiff v. NANIT A A. BLACK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA e;c..>i.(T~ : NO. 03 - ~S6P CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original of which is attached to this action, I appear for the Defendant and confess judgment in favor of the Plaintiff against Defendant as follows: Date: )J??/b) I Amount $8,000 By: MARK T. SILLIKER, Defendant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-.;JS'Jf Gu~lY~ CIVIL ACTION - LAW NANIT A A. BLACK, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOClA nON 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objections alas demandas en contra tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A IN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MARK T. SILLlKER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. os - ~StJ:> {!,'U~ L '-r~ NANIT A A. BLACK, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Mark T. Silliker, Esquire, and respectfully sets forth the following: I. Plaintiff, Mark T. Silliker, is a practicing attorney with a business address of 5922 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant, Nanita A. Black, is an adult individual currently residing at 2260 Waggoner's Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Over the last five years, Plaintiff has performed legal services for Defendant, Nanita A. Black, in the amount of$8,000. During this time, Defendant has not made any payments towards the amount of $8,000 which is due and owing to the Plaintiff. 4. Defendant, Nanita A. Black, has voluntarily executed a Note as well as Explanation of Rights (Full Confession) regarding her debt owed to the Plaintiff, and said documents are attached to this Complaint. Furthermore, it is the desire of the parties that these documents be filed with this Honorable Court, and become a lien against the property of the Defendant, Nanita A. Black. WHEREFORE, Plaintiff, Mark T. Silliker, requests this Honorable Court enter judgment on his behalf against Defendant, Nanita A. Black. r/J-~/d 7 Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & RE Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 LD. No. 33671 AFFIDA VIT I, Mark T. Silliker, hereby certifY that the aforegoing is 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 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: )J~)?I{;? I I NOTE DUE ON DEMAND $8,000 ON DEMAND, the undersigned, Nanita A. Black, (hereinafter called the "Obligor"), promises to pay to the order of Mark T. Silliker, Dauphin County, Pennsylvania, or at such other place as the holder may, from time to time, direct that Obligor in writing, the principal sum of Eight Thousand Dollars ($8,000) lawful money of the United States of America, for value received. AND FURTHER, the said Obligor does empower any attorney of any court of record within the United States or elsewhere to appear for her and confess judgment against her, as of any term for the above sum with costs of suit and attorney's commission of five percent (5%) for collection and release of all errors, and without stay of execution and inquisition and extension upon any levy on real estate is hereby waived, and condemnation agreed to and the exemption of personal property from levy and sale on any execution herein is also expressly waived, and no benefit of exemption be claimed under and by virtue of any exemption law now in force or which may be hereafter passed. The Obligor, maker, endorser, and all parties to this Note hereby waive presentment for payment, demand, notice of demand, notice of non-payment or dishonor, protest and notice of protest and non-payment thereof. This Note does not arise from a consumer transaction. It is the intention of the party hereto to be legally bound by the terms of this Note. IN WITNESS WHEREOF, the said Obligor executes this note as of the date below written. WITNESS: OBLIGOR: VJJ;:1~l - '(\ru,\;Lr ~ SL Nanita A. Blac Date: 5-,n -00 EXPLANATION OF RIGHTS (Full Confession) s'1,.1J/J A) I clearly and specifically understand that by signing a note dated, ~ -;)J, 'O::P' , in the amount of$8,000 payable to Mark T. Silliker which contains ajudgment clause. 1) I will authorize Mark T. Silliker, Plaintiff (Creditor) to enter a judgment against me in its favor which will give the Plaintiff a lien upon any real estate which I may own, including my home; 2) I will give up the right to any notice or opportunity to be heard prior to the entry of his judgment on the records of the court; 3) I will agree that Mark T. Silliker, Plaintiff (Creditor) can enter this judgment without any proof of non-payment or other default on my part; 4) I will subject all of my property, both personal property and real estate, to execution (and Sheriffs sale); pursuant to this judgment, prior to proof of non- payment or other default on my part; 5) I will be unable to challenge this judgment should the Plaintiff enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in Attorney's fees and costs which I will have to pay. B) I know and understand that it is the confession of Judgment clause in the above- described note which gives Plaintiff the rights enumerated in sub-paragraphs I through 5 of paragraph A above. ---n~ ~ --- IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE. I UNDERSTAND THAT I WOULD HAVE THE FOLLOWING: I) The right to have notice and an opportunity to be heard prior to judgment; 2) The right to have the burden of proving default rest upon Plaintiff before my property can be exposed to execution; 3) The right to avoid the additional expense of Attorney's fees and costs incident to opening or striking off a confessed judgment. C) Fully and completely understanding these rights which I have prior to signing the above-described note; and clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the note, I nevertheless freely and voluntarily choose to sign the note, my intention being to give up, waive, relinquish and abandon my known rights (as described in paragraph B above) and subject myselfto the circumstances described in paragraph A above. D) The undersigned hereby further certifies that she, The Signatory to a demand a note dated 5--:;). ~-o~~ which has ajudgment clause entered, has earnings in excess of $1 0,000.00 per year. Witness: I have read this entire form and I fully understand its contents IJ~~ ~\(Jl;jl"~ Nan ta A. Blac Sworn to and subscrib~ before me this ~.,::ll\ day Of~, :2003. otary ub lC I ==~- I ~.1......~='7.1 CRIll . ,",0 .,. . -...-' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - ;}. $"3 p C'u l' ('1 'Ul-....., MARK T. SILLIKER, Plaintiff NANITA A. BLACK, Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE The undersigned hereby certifies the following: I. The Plaintiff, Mark T. SiIliker, is a lawful, licensed attorney in the State of Pennsylvania. 2. The address ifthe Plaintiff, Mark T. SiIliker, is 5922 Linglestown Road, Harrisburg, Pennsylvania 17112. 3. The last known address of Defendant Nanita A. Black, to the best of the undersigned's knowledge, information, and belief, is 2260 Waggoner's Gap Road, Carlisle, Cumberland County, Pennsylvania. 17013. Date: r) /J /J ) By: ~ .... Mark T. SiIliker 5922 Linglestown Road Harrisburg, PA I7lOl (717) 671-1500 -~ J'\\J MARK T. SILLIKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D3 -~.JJ C';~~L '-r~ NANITA A. BLACK, Defendant CIVIL ACTION - LAW AFFIDAVIT OF NONMILITARY SERVICE Mark T. Silliker, being duly sworn according to law, deposes and says: I. I am an attorney licensed to practice law in the State of Pennsylvania, with an office address of 5922 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 2. I have known and worked with the Defendant, Nanita A. Black, for a period in excess of one year. 3. At no time has the Defendant advised me or given me reason to believe that she is in the military or naval service of the United States of America. 4. To the best of my knowledge, information, and belief, Defendant Nanita A. Black, is not in the military or naval service of the United States of America. Date: ~;=--- Sworn to and subscrjbed before me this ~r"tIay of ~' 2003. ~mtge(~ Notary Public ___ 1IiO'b~_.... _......~- ~~~~..~I'~ -~2GOI j ,JAPJAI-.t.1OK .---- ..... '(181011 J . 'J'" ~ ~ 1Ii4~ ;.qwr ....'l.......u..t lIOOt ,of. .~l'l..,..;c..:1 n-nl,.;mme::> ~~ , -....,---.-'-' "~~"""""-~ ~ (.) ~ (") '.--: ,: C) r, Ii -- -r.i"" -;-: --D fTi' _or: . .~~ 8 *,.'1 - (/" ,"~) - -' Ii:) -- ~( (,.J s- p::Y ").;' ~"?:_, ...:) ~;("- ] $~~ -_.~ )..j r:- e-) .- Ul S ~Y- -;:: :::> =3 co ~.lJ -< v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0;3 - OJS":iP GG>~( ~~ MARK T. SILLIKER, Plaintiff NANITA A. BLACK Defendant : CIVIL ACTION - LAW TO: Nanita A. Black You are hereby notified that on fY1 ~tc:19 ' 2003, judgment by confession was entered against you in the sum of $8,0 0 m the above-captlOned case. Date: 5'/:1.9/t'M f e~, ~ ~ Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 1 hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: 2260 Waggoner's Gap Road, Carlisle, PA 17013 )~ Nanita A. Black Per este medio sea avisado que en el dia de , 2003, un fallo por admission fue registrado contra usted por la contidad de $8,000 del caso antes escrito. Fecha: el dia de ,2003. Prothonotario LLEVE ESTA DEMANDA A UN ABOGADO lMMEDIATEAMENTE. SI NO IlENE ABOGADO 0 Sl NO TIENE EL DINOER SUFICIENTE DE PAGAR TAL SERVIClO, VA Y A EN PERSONA 0 LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA IlON 2 Liberty Avenue Carlisle, P A 170 I3 Telephone: (717) 249-3166 Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Name and address of Defendant By: 2260 Waggoner's Gap Road, Carlisle, PA 17013 ~ PRAECIPE FOR ENTRY OF APPEARANCE MARK A. SILLIKER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO.: 03-2538 NANITA A. BLACK CIVIL ACTION - LAW Defendant To the Prothonotary of CUMBERLAND COUNTY: SIR, Please enter the appearance of Arthur M. Feld, Esquire of 1309 Bridge Street, New Cumberland, PA 17070 as Attorney for MARK A. SILLIKER, Plaintiff in the above captioned matter. Date: ArWM. ~d~re 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 1.D. #07172 .-' ~ '.:f- N - ") '~i .-\ ''C -r; ~'-f' ;h! l_r1'(l:; :?S\3;: r:-? x:- 'o.;{fA II ~.<_t -:"""" :z -' ... -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION MARK T. SILLIKER ( ) Confessed Judgment (X) Other DISTRICT JUSTICE vs. NANITA A. BLACK 2260 WAGGONER'S GAP ROAD CARLISLE, PA 17013 Defendant File No. 03-2538 Amount Due $8000.00 Interest FROM OS/29/03 Atty's Corom Costs Total TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.. . Issue Writ of .Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon th~ following described property of the defendant (s) LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY pRl.\.ECrPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s) . (Indicate) Index this writ against e" \'76' \~ Signature: ~ vV\ 5(f:f) ~ Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 IDNo. #07172 DATE: p ~~ ~ ~ t ~' tJ ~ ~ S ?, ':f- ~~ . -. . -(q. ~ ~ ~~'iri . . . Od~() \) \ 0 , f:)-:J '~ :: ~ ~ : ~ ~r _ .:t: ~ 0 ~ ~ e ~ V) 0 C c rfl ,i..... ~ ?:, ';;J ,.,-':J j1 ~;)''''' ~ ~~ ~\~: ...... ",'_-~1 \-r ,-..... "'j L. - . -'\~~{ :;,j}f r:-? "" .., "-J ..... ~ .- . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-2538 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARK T. SILLIKER, Plaintiff (s) From NANITA A. BLACK, 2260 WAGGONER'S GAP ROAD, CARLISLE, P A 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,000.00 Interest FROM 5/29/03 L.L. $.50 Atty's Conun % Arty Paid $37.00 Plaintiff Paid Date: JUNE 21, 2006 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothoz: -....J!y: a"... .-0. ~/1/V1~ r Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 ~~ MARK T. SILLIKER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS No. 03-2538 NANITA A. BLACK Defendant CIVIL ACTION - LAW PRAECIPE TO SATISFY THE JUDGMENT Would you please satisfy the judgment against Defendant in the above captioned matter. Thank you. To Prothonotary September 6, 2006 ~. yIVl . yd) Attorney for Plaintiff Arthur M. Feld ID #07172 o ~ r':" ~ e;::,l = <.J' (/) ~;:' ! 00 :;t:'.~ ~,""- ~~". ~ ~--n ;:'11- I. :f-rQ ~}~.;): (~ ~ri ~.~ ~ :-<. N (..i'; Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 160.00 Advance Costs: 208.30 Sheriffs Costs: 208.30 $ 000.00 .50 1.00 8.80 20.00 Refunded to Atty on 08/30/06 208.30 / h. q/ot{JOl. 9- . /~... SO?~-f~ R. Thomas Kline, Sheriff (\ D~ R~\cn,-~' B~udia A. Brewbaker ~ t; ~ ~ 80 :b 'V bl Nnr qOOl Vd '^HlilUJ Oli',! .,dJm.un .:HICl3HS 3Hl .:10 38l.:l.:l0 ':f '7)-( de- ~ 01) ,,)-I) ~/' {k. (1. t'/.1ft) /....L ./)'"O '-- -----:!J" I.~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MARK T. SILLIKER, Plaintiff (s) NO 03-2538 Civil CIVIL ACTION - LAW From NANITA A. BLACK, 2260 WAGGONER'S GAP ROAD, CARLISLE, P A 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,000.00 Interest FROM 5/29/03 Atty's Comm % Atty Paid $37.00 Plaintiff Paid Date: JUNE 21, 2006 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Pro~ry "'-B'( -'1..J> P. 7f!~.u1~r- Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ill No. 07172