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Home My WebLink About08-2775Johnson, Duffle, Stewart & Weidner By: John R. Ninosky I.D. No. 78000 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ERIE INSURANCE GROUP, V. MICHAEL RICHER, Plaintiff Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- A-V;,Terr, CIVIL ACTION - LAW CONFESSION OF JUDGMENT FOR MONEY DAMAGES Pursuant to the authority contained in the warrant of attorney contained in paragraph three (3) of the written Installment Note agreement, a true and correct copy of which is attached as Exhibit "A" to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Unpaid Principal and Interest Balance $ 3,617.81 Attorneys' Fees and Costs $ 527.50 TOTAL: $ 4,145.31 JOHNSON, DUFFIE, STEWART & WEIDNER BY: Elizabet . Snover Attorneys for Plaintiff Judgment entered as above, April A , 2008. Proth notary Johnson, Duffle, Stewart & Weidner By: John R. Ninosky I.D. No. 41687 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ERIE INSURANCE GROUP, Plaintiff V. MICHAEL RICHER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT PURSUANT TO Pa.R.C P 2951(b) FOR CONFESSION OF JUDGMENT FOR MONEY DAMAGES The present action is brought pursuant to Rule 2950 et. seq., of the Pennsylvania Rules of Civil Procedure, whereby the Plaintiff, Erie Insurance Group, confesses judgment against Defendant, Michael Richer, for money damages, on the basis of an Installment Note executed between the parties on June 28, 2006 whereof the following is a statement: 1. The Plaintiff, Erie Insurance Group, ( "Erie") is a Pennsylvania unincorporated association having an office at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. This action arises out of an Installment Note that was entered into between Erie and Richer on June 28, 2006 for the principal amount of $4617.81. A true and correct copy of the Installment Note is attached and incorporated herein as Exhibit A. 3. The Defendant Michael Richer, ("Richer") is an adult individual whose last know address is 42 North Chestnut Street, Palmyra, PA 17078. A Certificate of Address is attached herewith as Exhibit B. 4. The Installment Note provides that Richer was obligated to pay $200.00 per month commencing June 15, 2006 with payments of $200.00 being made on the 15th of each month until the $4617.81 obligation was satisfied. 5. The Installment Note further provided that should Richer default by failing to make payment to Erie, that Erie could confess judgment as to any amount outstanding along with reasonable court costs and attorney's fees, which are estimated to be $527.50 by the warrant of attorney contained therein and in bold at paragraph 3 of the Note. See, Exhibit B. 6. Richer further agreed in the Installment Note at paragraph 4 to submit to the jurisdiction of the Court of Common Pleas of Cumberland County. See, Exhibit B. 7. Richer began making payments on the Note obligation with payments received as follows: Pa yment Received by Erie: Amount Received: a. July 12, 2006 $200.00 b. August 17, 2006 $200.00 c. September 21, 2006 $200.00 d. October 26, 2006 $100.00 e. January 4, 2007 $100.00 f. February 16, 2007 $100.00 g. March 5. 2007 $100.00 Total: $1,000.00 8. The Installment Note states at paragraph 2: 8. The Installment Note states at paragraph 2: The occurrence of any of the following shall constitute and Event of Default by the undersigned: (1) The undersigned's' failure to make payment to the Erie Insurance Group on or before the due date... 9. Plaintiff has demanded the total amount outstanding and due on the Note, but Richer has refused and neglected and continues to refuse and neglect to pay the full amount owing to the Plaintiff under the terms of the Installment Note. 10. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 11. Rather, the obligation under the Note arises from liability for an automobile accident and, as such, entry of this judgment should be reported to the Department of Transportation for appropriate action. 12. Judgment on the Installment Note has not been entered in any other jurisdiction. WHEREFORE, Plaintiff, Erie Insurance Group, demands judgment against Defendant, Michael Richer, in the amount of $ 4,145.31 which represents the amount outstanding on the Installment Note obligation, attorney's fees, and court costs. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: 9?a4A A?-- John R. nosky Elizabet D. Snover Attorneys for Plaintiff 04/21/2008 16:38 FAX 7177952315 ERIE INS V_ ERIFKC-AZ I N 2 002 I, Victoria Phillips, AIC AIS, Subrogation Specialist for the Erie insurance Croup, verifY that I . am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.SA. §4904 relating to unswom falsification to authorities. Victoria Phillips, AIC AIS Dated: ?/,1.? !r ERIE INSURANCE GROUP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. CIVIL ACTION - LAW MICHAEL RICHER, Defendant CERTIFICATE OF ADDRESS I hereby certify that the following is the address of the Defendant: Michael Richer 42 North Chestnut Street Palmyra, PA 17078 I hereby certify that the following is the address of the Plaintiff: Erie Insurance Group 4901 Louise Drive Mechanicsburg, PA 17055 By: Elizabet . Snover Attorney or Plaintiff EXHIBIT 8 04/15/2008 12:34 FAR 7177952315 ERIE INS !x]002 INSTALLMENT NOTE This -4 day of .?-^C- , 2006, 1, Michael Richer, intending to be legally bound hereby, promise to pay to the Erie Insurance Group, Four Thousand Six Hundred Seventeen Dollars, and Eighty-one Cents ($4,617.81) by making monthly installment payments of $200.00 each, commencing on June 15, 2006, being payable on or before the fifteenth day of each month thereafter until paid in full. The occurrence of any of the following shall constitute an Event of Default by the undersigned: (1) The undersigneds' failure to make payment to the Erie Insurance Group on or before the due date; (2) If the undersigned become insolvent or make an assignment for the benefit of creditors or if any petition is filed by the undersigned under any provision of any law or statute, including under the United States Bankruptcy Code, alleging that the undersigned are insolvent or unable to pay debts as they mature; (3) If any case is commenced against the undersigned pursuant to the United States Bankruptcy Code; and (4) . The entry of any judgment against the undersigned or the issuing of any attachment or garnishment against any property of the undersigned. In the event a default occurs, the undersigned, in addition to any other rights given to the Erie Insurance Group herein, or by the law, irrevocably authorizes any attorney of any court of record to appear for the undersigned at any time after the Note shall be due and payable as aforesaid, to waive the issuance and service of process and to confess judgment against the undersigned and In favor of the Erie Insurance Group for such amount as may appear to be unpaid or declared -due thereon, together with costs and reasonable attorneys' fees, and to consent to immediate execution upon judgment. The authority herein granted to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until full payment of all amounts due hereunder. The undersigned hereby waive and release all errors, defects and imperfections whatever in entry of such judgment or in any process or proceeding thereon or in anywise concerning the same. The undersigned consents to the jurisdiction of the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction in the Commonwealth of Pennsylvania and agree that any action or proceeding may be maintained in said courts by service of process effectuated by registered mail, postage prepaid, return-receipt requested or by overnight courier to the address of the undersigned set forth below. EXHIBIT A 04/15/2008 12:35 FAR 7177952315 ERIE INS Ia003 The undersigned hereby waive presentment or payment, notice of demand, notice of non-payment or dishonor, protest, notice of protest, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of payment of this Note. This note shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania disregarding rules regarding conflict of law. Additionally, it is agreed and understood that this Agreement arises from an automobile accident. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: _ , /--\ i r Z t0 G NOrGAIK Mi el c i 42 Nort Chestnut Street Npiosabal?M Palmyra, PA 17078 269878 ERIE INSURANCE GROUP, Plaintiff V. MICHAEL RICHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- Civa Tem CIVIL ACTION - LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Michael Richer A judgment in the amount of $4,145.31 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 the written installment note agreement at paragraph ten (10) 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. 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 WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER BY: John Vinosky " Elizabeth D. Snover 301 Market Street Lemoyne, PA 17043-0109 Attorneys for Plaintiff ERIE INSURANCE GROUP, V. Plaintiff MICHAEL RICHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - ivil (erm CIVIL ACTION - LAW AFFIDAVIT REQUIRED BY PA.R.C.P. 2951(a)(2)(ii) I hereby certify that the judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. By: 4?-- Elizabetp. Snover Attorney or Plaintiff ERIE INSURANCE GROUP, Plaintiff V. MICHAEL RICHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OB- Civirrr*k CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE I, Elizabeth D. Snover, attorney for Plaintiff in the above-captioned action, being duly sworn according to law, swear that to the best of my knowledge and belief, Michael Richer, the Defendant in the above-captioned action, is not a member of the United States Military and/or Armed Services. By: Elizab h D. nover Attorney for 01aintiff C? f.."'J 4 LD -17 Us 'v' -a RIE INSURANCE GROUP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ICHAEL RICHER, Defendant To: Michael Richer NO. 09 - am 1 `."" CIVIL ACTION - LAW You are hereby notified that on- Anrii 22 q , 2008, judgment by confession was entered against you in the amount of $ 4,145.31, in the above-captioned case. Date: a4 $ 2?A?_ _- - - - P othonota YOU SHOULD TAKE THIS 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the last known address of the Defendant stated in the certificate of address: Michael Richer 42 North Chestnut Street Palmyra, PA 17078 By: _ ffA4!t/A4__ Elizabeth . Snover Attorney fo Plaintiff r Johnson, Duffle, Stewart S Weidner By: John R. Ninosky I. D. No. 78000 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ERIE INSURANCE GROUP, Plaintiff V. MICHAEL RICHER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2775 CIVIL ACTION - LAW AFFIDAVIT I, Elizabeth D. Snover, of Johnson, Duffie, Stewart & Weidner and attorney for Plaintiff, am an adult individual and am competent to make the statements contained herein. I declare under penalty of 18 Pa.C.S.A. §4904 that the following statements are true and correct to the best of my knowledge, belief, and understanding: 1. The Plaintiff, Erie Insurance Group, ( "Erie") is a Pennsylvania unincorporated association having an office at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant Michael Richer, ("Richer") is an adult individual whose last know address is 42 North Chestnut Street, Palmyra, PA 17078. 3. This action arises out of an Installment Note that was entered into between Erie and +r the Defendant on June 28, 2006 for the principal amount of $4,617.81. 4. Erie Insurance entered into this promissory Note with the Defendant because the Defendant was liable for damages related to an automobile accident between the Defendant and Erie Insured. 5. As a settlement and compromise of the subrogation rights Erie had against the Defendant, the parties entered into the Note for which Defendant is now in default. 6. As such, the obligation under the Note was solely related to Defendant's liability for damages in an automobile accident. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: Eliza eth . Snover Attorneys or Plaintiff Date: f7[07 16t () Jt Z-4 c i" --ts Z ;. c = Ism