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Home My WebLink About99-07108 4 I ? u-?-1 COURT OF COMMON PLEAS OF ACUMBER CTION L AND COUNTY, PENNSYLVANIA LAW CIVIL BELL ATLANTIC - PENNSYLVANIA, INC. No. - 7? lam" Plaintiff VS. JOE RUSSO i/t/a LA FONTANA CIVIL ACTION Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in attached as Exhibit "A" of the Complaint filed RUSSO i/t/a LA FONTANA and confess Defendant as follows: the warrant of attorney set forth in the Note in this action, I appear for the Defendant, JOE judgment in favor of Plaintiff and against the Principal $3,000.00 Payments 1,550.00 Interest at 12% per annum from May 24, 1999 36.25 Attorneys fees (25%) 362.50 TOTAL $1,848.75 JUDGMENT Pd ENT ENTERE AS OVE Drothonotary/61wK Civil Division AMATO AND MARGL P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff : No. VS. JOE RUSSO i/t/a LA FONTANA CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951 (b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, BELL ATLANTIC - PENNSYLVANIA, INC. is located at 1717 Arch St., 20th Floor, Phila., PA 19103. 2. The Defendant, JOE RUSSO i/t/a LA FONTANA, is an adult individual, with a last known address at 420 Market Street, LEMOYNE PA 17043. 3. On or about May 24, 1999, Defendant, JOE RUSSO i/t/a LA FONTANA, for good and valuable consideration received, .executed and delivered to Plaintiff a written Installment Judgment Note (hereafter "Note"). A true and correct copy of Defendant's Note with Plaintiff is attached hereto, made a part hereof and marked Exhibit "A". 4. The attached Note has not been assigned. 5. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 6. Defendant is currently in default by virtue of its failure to make payments pursuant to the Note. 7. Judgment has not been entered on the attached Note in any jurisdiction. 8. Pursuant to the terms and provisions of the Note, Plaintiff exercises its option to Confess Judgment for the entire sum of money which may be due or become due under the attached Note. 9. As a consequence of the foregoing default, Defendant is indebted to Plaintiff in the following amount: Principal $3,000.00 Payments 1,550.00 Interest at 12% per annum from May 24, 1999 36.25 Attorneys fees (25%) 362.50 TOTAL $1,848.75 WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $1,848.75, plus costs as authorized by the warrant of attorney provisions of the attached Note. AMATO AND MA , P.C. By Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866.0400 Attorney File: 980275 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff : No. Vs. JOE RUSSO i/t/a LA FONTANA : CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES OF PARTIES I, Ronald Amato, attorney for Plaintiff, hereby certify that the last known address for the Plaintiff and Defendant are as follows: BELL ATLANTIC - PENNSYLVANIA, INC. 1717 Arch St., 20th Floor Phila., PA 19103 JOE RUSSO i/t/a LA FONTANA 420 Market Street LEMOYNE PA 17043 AMATO AND MARGL P.C. 8y. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff VS. JOE RUSSO i/t/a LA FONTANA Defendant(s) CIVIL ACTION JOE RUSSO i/t/a LA FONTANA (hereafter "MAKER"), being duly sworn according to law, depose and say that MAKER is the debtor(s)-defendant(s) in the above matter and 1. That the document represents a commercial transaction because it involves business dealings between the parties. 2. That at the time of the signing of the document containing the provision for judgement by confession in this matter, MAKER understood that a judgement could be entered in the Courthouse against MAKER, which would become a lien against MAKER'S real estate. MAKER fully understands that if payment of the Note is not made as required, the holder of this Note can use the most drastic and powerful remedies of the law against MAKER and sell MAKER'S real estate and personal property. MAKER also understand that all this can be done without any advance notice to MAKER and without letting MAKER have a hearing in Court to tell MAKER's side of the case. MAKER also understands that MAKER will have to pay all costs, expenses and lawyer's fees if any of MAKER'S property is sold at a sheriff's sale. Even though MAKER now knows what will happen if MAKER fails to make payment, MAKER has, nevertheless, decided to sign this document which contains this confession of judgement. JOE RUSSO i/t/a LA FONTANA SWORN TO AND SUBSCRIBED BEFORE ME THIS QY?' DAY OF j 99. Z NOTARY P C tirr coNViowiPUat?, Pa INSTALLMENT JUDGMENT NOTE $3,000.00 Dated:_ Sba - Jqk FOR VALUE RECEIVED, JOE RUSSO i/t/a LA FONTANA , hereafter referred to as "MAKER", promises to pay to the order of BELL ATLANTIC - PENNSYLVANIA, INC., hereafter referred to as "HOLDER", at the designated office of the HOLDER'S counsel being, Amato and Associates, P.C. P.O. Box 1111, Allentown, PA 18105- 1111 or Suite 100, Commerce Square, 107 North Commerce Way, Bethlehem, PA 18017 the total sum of $3,000.00, lawful money of the United States of America. Holder agrees to accept a total of $1,900.00 in full satisfaction of this note if such is paid with a lump sum payment of $1,900.00 on August 17th 1999. MAKER waives presentment and demand for payment, notice of nonpayment, protests, notice of protests, and declaration of acceleration of payment on failure to make any payment due under this Note; and MAKER also agrees that, upon default in the payment of any installment for more than fifteen (15) days from its respective due then $3,000.00, less any payments made, shall become immediately due, payable and collectible at the option of HOLDER without notice. In the event there is a default in the above payment terms under this note, MAKER does hereby empower any attorney, prothonotary or clerk of courts, of any court of record, at any time after maturity of this note, to appear in such court in term time or vacation, and with or without declaration file, confess judgment against MAKER in favor of the HOLDER, for $3,000.00, less any payments made, together with all legal costs and expenses of collection including, reasonable attorneys fees. MAKER waives and release all errors, stays of execution and inquisition and extensions upon any levy real estate and condemnation is agreed to. Interest shall not accrue on this obligation unless there is a default under the terms of this note, in which case interest shall begin to accrue at the rate of 12% per annum on the unpaid principal balance. There shall be no penalty for prepayment of this obligation. Exemption of personal property from levy and sale on any execution hereon is also hereby expressly waived, and no benefit of exemption can be claimed under and by virtue of any exemption law now in force or which may be hereafter passed. WITNESS: SIGNATURE JOE RUSSO i/t/a LA FONTANA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. Plaintiff : No. Vs. JOE RUSSO i/t/a LA FONTANA : CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON : The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That Joe Russo is over 18 years of age, resides at 420 Market Street, LEMOYNE PA 17043 and is employed as La Fontana. Sworn to and subs r ad before me this ?S d3 /j COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BELL ATLANTIC - PENNSYLVANIA, INC. I IiUI'IJL/ Plaintiff No. VS. JOE RUSSO i/t/a LA FONTANA CIVIL ACTION Defendant NOTICE OF JUDGMENT To: JOE RUSSO i/t/a LA FONTANA 420 Market Street LEMOYNE PA 17043 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $1,848.75 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: PROTHONOTARY - CUMBERLAND COUNT:' Per: If you have any questions concern?"e above, please contact AMATO AND MARGL P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400